Primary text reader part 1 by Kevin Kaatz

Ancient History Reader

TABLE OF CONTENTS Introduction ...................................................................................................................................................................4 How to Read a Primary Source .....................................................................................................................................5 Neolithic ........................................................................................................................................................................7 Please watch: Catal Huyuk .......................................................................................................................................7 Sumeria ..........................................................................................................................................................................7 Epic of Gilgamesh, Tablet 1 ......................................................................................................................................7 Please watch: The Royal Tombs of Ur .....................................................................................................................9 The Legend of Sargon, c. 2300 BC ...........................................................................................................................9 Legal Contracts from Sumeria ................................................................................................................................. 10 Contract for the Sale of a Slave, Reign of Rim-Sin, c. 2300 B.C. ....................................................................... 10 Contract for the Sale of Real Estate, Sumer, c. 2000 B.C. .................................................................................. 10 Contract for Lease of Real Estate, 60 Year Term, Thirty-sixth year of Artaxerxes, 428 B.C. ............................ 11 HAMMURABI'S CODE OF LAWS ....................................................................................................................... 11 On the ancient city of Emar (a secondary source) ................................................................................................... 31 Egypt ........................................................................................................................................................................... 31 Please Watch: Exploring the Step Pyramid ............................................................................................................ 31 Precepts of Ptah-Hotep ............................................................................................................................................ 31 Read: Overview of Pyramid Construction .............................................................................................................. 38 Please Watch: King Tutâ&#x20AC;&#x2122;s Tomb ............................................................................................................................. 38 India ............................................................................................................................................................................. 39 Please listen to this podcast ..................................................................................................................................... 39 Greece .......................................................................................................................................................................... 39 Please scan this photo: ............................................................................................................................................. 39 Aristotle, The Athenian Constitution, Section 1 ...................................................................................................... 39 Aristotle, Politics, Book 2 ........................................................................................................................................ 48 BOOK TWO ............................................................................................................................................................ 48 I ............................................................................................................................................................................ 48 II .......................................................................................................................................................................... 48 III ......................................................................................................................................................................... 49 IV ......................................................................................................................................................................... 50 V .......................................................................................................................................................................... 51 2

Ancient History Reader VI ......................................................................................................................................................................... 54 VII ....................................................................................................................................................................... 56 Frontinus, The Aquaducts of Rome, Book 1:1-23 ................................................................................................... 56 Carthage ....................................................................................................................................................................... 63 Aristotle, Carthaginian Constitution ........................................................................................................................ 63 Rome ........................................................................................................................................................................... 65 Please scan this picture: ........................................................................................................................................... 65 Polybius, History of Rome, Book 6 ......................................................................................................................... 65 Vitruvius: On Architecture ..................................................................................................................................... 78 Procopius, Buildings ................................................................................................................................................ 79 Book 1, Chapter 1 ................................................................................................................................................ 79 Book 2.1 (Fortifications and Cities in the Persian Empire) ................................................................................. 84 Islam ............................................................................................................................................................................ 87 Yakut: Baghdad under the Abbasids, c. 1000 CE .................................................................................................... 87

Ancient History Reader INTRODUCTION

I created this reader for two reasons: 1) Our topic for the quarter is ancient cities, and it was impossible to find a book with primary texts on this particular topic. 2) The book I normally use in this course is now about $90, which is a bit excessive. This will save you money since all the texts below are out of copyright and can be copied for educational purposes. It contains video and links to websites that relate to the material we are reading about. I give the websites of all the texts in case you would like to read more than what I have given you. The first chapter (How To Read a Primary Source) is taken from my book, Voices of Early Christianity (published in 2013). Although it was written for a book on early Christianity, it is still applicable to reading any primary text.

Ancient History Reader

early part of the second century. It isn’t until the 300s C.E. when we find manuscripts that contain large parts of the New Testament. Second, to make matters more difficult, there are over 5,000 manuscripts of the Greek New Testament (Greek was the original language) and there are differences found throughout these thousands of texts, sometimes small, sometimes large. To manage these differences, the manuscripts are organized into “families” which often originate from a particular geographical area. In the case of the Alexandrian family of manuscripts, they originate near Alexandria, Egypt. The modern printing of the Greek and Latin New Testament will contain a critical apparatus, found at the bottom of the page, which contains some of the major variations found between different manuscript families or differences between individual texts. For example, the title of the Gospel of John is “According to John” in most manuscripts, but the critical apparatus notes that in other manuscripts, the title is “The Gospel According to John.” Thus the texts of the Old and New Testaments we have today are essentially put together by modern scholars who are trying to determine what the original wording was.

HOW TO READ A PRIMARY SOURCE For ancient history, the primary sources for information come from documents that were written and archaeology that was constructed during a particular time period being studied. Since this volume concentrates primarily on texts, it is important to understand what needs to be considered when reading a book or a letter written by someone nearly 2,000 years ago. Modern people, when examining primary texts, need to think about a number of questions beyond the actual message found in the text. Questions that are usually asked are: What is the history of the text itself? Do the originals exist, and if not, how was the text reconstructed? It is then important to think about: Who wrote it? Who was it written to? What are the circumstances that led to the creation of the letter/book? Before looking at authorship, audience, and context, some observations should be made words about the texts or manuscripts (from the Latin manus=hand and scripto=to write) should be said. First, many texts from the first centuries of Christianity are not the originals. For example, the oldest part of the New Testament that exists today is a very small fragment of the Gospel of John, dated to the

The originals of many Christian writings which came after the composition 5

Ancient History Reader of the Biblical texts also do not exist anymore. Over time they have disappeared or were destroyed, either on purpose or by accident, so modern readers are reliant on copies or even copies of copies. An example of this is found in Eusebius of Caesarea’s Church History (written in the late 200s/early 300s). Eusebius was the first historian to actively cite his sources. Sometimes the citations he gives are the only evidence we have of these writings. When we are lucky enough to have a number of copies of the same book, usually they are not exactly the same, which is similar to the problems with the biblical texts. These difficulties with the Biblical and later texts usually stem from the process of producing books/letters in the ancient world. Books were time-consuming and expensive to produce. The process began when one person would sit down to copy a book by hand, or someone would stand up in front of a group of scribes and read the original while the scribes would copy down what they heard. Many mistakes can enter a text in this way. The person copying the text could start to daydream and miss whole sections. A word could be misspelled, or even misplaced in the copied version. The person reading could accidently skip a part of the text causing the scribes to replicate the same mistake. Sometimes the problem lies with the copy itself—pages could have been missing and then this missing section is just wholesale transferred to the copy being made. The original being used could have also been corrupted in some way and the mistakes carried over into the copy.

Another item to consider when reading primary texts is that they were obviously not written in English. The texts provided in this volume were originally in Greek, Latin, and Coptic (an Egyptian language). This is something to take into account when reading ancient texts. Translation is a difficult process, and mistakes can also be made. A problem with translating is that it isn’t as easy as giving a word-for-word account. Sometimes the translator is forced to add something that the original does not have in order to make it understandable to a modern reader. For example, Latin lacks definite and indefinite articles, which are “the” for definite and “a” and “an” for indefinite (“the book,” as opposed to “a book”). This means that when it is translated into English, the translator must make a decision as to whether the original author meant something very specific (“the book”) or more general (“a book”). Usually the context will guide the translator. Once these issues are dealt with, the contents of the text can then examined. As mentioned above, there are three things that need to be looked at: authorship, the intended audience, and the context of the message. If the author is known, this can give the reader some background (if we are lucky enough to know something about the author) as to why the text was written. If the name of the author is attached, the reader then should also consider whether that person is actually the real author. Many texts from early Christianity were supposedly written by a famous person, but 6

Ancient History Reader scholars have discovered that for some, the authorship was by someone else. For example, some of the Gnostic texts from Nag Hammadi, Egypt, have the names of some of the Twelve Disciples attached to them, but many times the texts were written centuries after their death. This is also the case for some texts from the New Testament. There are many writings attributed to Paul that are now believed to have been written by Paul’s followers, probably after his death. If the text is anonymous, then the reader needs to ask why that is the case. Modern readers do not need to necessarily mistrust an anonymous text, but it could lead to other questions such as “was it dangerous to put the name of the author on the text?”

Verissimus the Philosopher, and to Lucius the Philosopher, the natural son of Caesar, and the adopted son of Pius, a lover of learning, and to the sacred Senate, with the whole People of the Romans.” Sometimes, as in the case of Justin’s First Apology, the context can be better determined by looking who the author was directing his book to. Many times the context can also be discovered just by reading the text. Other times, modern readers will have to do a bit of historical investigation on the manuscript itself to gain a better understanding of the text.1 NEOLITHIC PLEASE WATCH: CATAL HUYUK

Modern readers also need to consider the intended audience (who the original author was specifically writing to) and the context (the reason for the text being written and/or information on the social environment of the author and the intended audience). Knowing who the intended audience was will help readers discover why it was written in the first place. Ancient letters usually include the addressee. For example, Paul the Apostle states the intended audience in his Letter to the Romans (the title of which was given later) in Romans 1:7 “To all God's beloved in Rome, who are called to be saints.” Many books during this period were also addressed to particular people. For example, Justin Martyr addressed his First Apology: “To the Emperor Titus Aelius Adrianus Antoninus Pius Augustus Cæsar, and to his son

https://www.youtube.com/watch?v= CNZRzKChn84&feature=player_embedded SUMERIA EPIC OF GILGAMESH, TABLET 1 (http://www.ancienttexts.org/library/

mesopotamian/gilgamesh/tab11.htm)

Give reference to my book.

Ancient History Reader He who has seen everything, I will make known (?) to the lands. I will teach (?) about him who experienced all things, ... alike, Anu granted him the totality of knowledge of all. He saw the Secret, discovered the Hidden, he brought information of (the time) before the Flood. He went on a distant journey, pushing himself to exhaustion, but then was brought to peace. He carved on a stone stela all of his toils, and built the wall of Uruk-Haven, the wall of the sacred Eanna Temple, the holy sanctuary. Look at its wall which gleams like copper(?), inspect its inner wall, the likes of which no one can equal! Take hold of the threshold stone--it dates from ancient times! Go close to the Eanna Temple, the residence of Ishtar, such as no later king or man ever equaled! Go up on the wall of Uruk and walk around, examine its foundation, inspect its brickwork thoroughly. Is not (even the core of) the brick structure made of kiln-fired brick, and did not the Seven Sages themselves lay out its plans? One league city, one league palm gardens, one league lowlands, the open area(?) of the Ishtar Temple, three leagues and the open area(?) of Uruk it (the wall) encloses. Find the copper tablet box, open the ... of its lock of bronze, undo the fastening of its secret opening. Take and read out from the lapis lazuli tablet how Gilgamesh went through every hardship.

Supreme over other kings, lordly in appearance, he is the hero, born of Uruk, the goring wild bull. He walks out in front, the leader, and walks at the rear, trusted by his companions. Mighty net, protector of his people, raging flood-wave who destroys even walls of stone! Offspring of Lugalbanda, Gilgamesh is strong to perfection, son of the august cow, Rimat-Ninsun;... Gilgamesh is awesome to perfection. It was he who opened the mountain passes, who dug wells on the flank of the mountain. It was he who crossed the ocean, the vast seas, to the rising sun, who explored the world regions, seeking life. It was he who reached by his own sheer strength Utanapishtim, the Faraway, who restored the sanctuaries (or: cities) that the Flood had destroyed! ... for teeming mankind. Who can compare with him in kingliness? Who can say like Gilgamesh: "I am King!"? Whose name, from the day of his birth, was called "Gilgamesh"? Two-thirds of him is god, one-third of him is human. The Great Goddess [Aruru] designed(?) the model for his body, she prepared his form ... ... beautiful, handsomest of men, ... perfect ... He walks around in the enclosure of Uruk, Like a wild bull he makes himself mighty, 8

Ancient History Reader 5. My lowly mother conceived me, in secret she brought me forth.

head raised (over others). There is no rival who can raise his weapon against him. His fellows stand (at the alert), attentive to his (orders ?), and the men of Uruk become anxious in ... Gilgamesh does not leave a son to his father, day and night he arrogant[y(?) ...2

6. She placed me in a basket of reeds, she closed my entrance with bitumen, 7. She cast me upon the rivers which did not overflow me. 8. The river carried me, it brought me to Akki, the irrigator. 9. Akki, the irrigator, in the goodness of his heart lifted me out,

PLEASE WATCH: THE ROYAL TOMBS OF UR

10. Akki, the irrigator, as his own son brought me up; 11. Akki, the irrigator, as his gardener appointed me. 12. When I was a gardener the goddess Ishtar loved me, 13. And for four years I ruled the kingdom. 14. The black-headed peoples I ruled, I governed; 15. Mighty mountains with axes of bronze I destroyed (?).

https://www.youtube.com/watch?feature=pl ayer_embedded&v=Z4uuoHc6k9w

16. I ascended the upper mountains; THE LEGEND OF SARGON, C. 2300 BC

17. I burst through the lower mountains. 18. The country of the sea I besieged three times;

1. Sargon, the mighty king, king of AkkadĂŞ am I,

19. Dilmun I captured (?).

2. My mother was lowly; my father I did not know;

20. Unto the great Dur-ilu I went up, I . . . . . ....

3. The brother of my father dwelt in the mountain.

21 . . . . . . . . . .I altered. . . . . . . . . . . . . . .

4. My city is Azupiranu, which is situated on the bank of the Purattu [Euphrates],

22. Whatsoever king shall be exalted after me,

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Taken from 9

Ancient History Reader 24. Let him rule, let him govern the blackheaded peoples;

(http://www.fordham.edu/Halsall/ancient/me sopotamia-contracts.asp )

25. Mighty mountains with axes of bronze let him destroy;

In this transaction the sellers simply guarantee to make no further claim upon the slave. It dates from about 2300 B.C., and is interesting as an index of the legal development of that far-off time.

26. Let him ascend the upper mountains, 27. Let him break through the lower mountains;

Sini-Ishtar has bought a slave, Ea-tappi by name, from Ilu-elatti, and Akhia, his son, and has paid ten shekels of Silver, the price agreed. Ilu-elatti, and Akhia, his son, will not set up a future claim on the slave. In the presence of Ilu-iqisha, son of Likua; in the presence of Ilu-iqisha, son of Immeru; in the presence of Likulubishtum, son of Appa, the scribe, who sealed it with the seal of the witnesses. The tenth of Kisilimu, the year when Rim-Sin, the king, overcame the hostile enemies.

28. The country of the sea let him besiege three times; 29. Dilmun let him capture; 30. To great Dur-ilu let him go up.

LEGAL CONTRACTS FROM SUMERIA

CONTRACT FOR THE SALE OF A SLAVE, REIGN OF RIM-SIN, C. 2300 B.C.

CONTRACT FOR THE SALE OF REAL ESTATE, SUMER, C. 2000 B.C. This is a transaction from the last days of Sumerian history. It exhibits a form of transfer and title which has a flavor of modern business method about it. Sini-Ishtar, the son of Ilu-eribu, and Apil-Ili, his brother, have bought one third Shar of land with a house constructed, next the house of Sini-Ishtar, and next the house of Minani; one third Shar of arable land next the house of Sini-Ishtar, which fronts on the street; the property of Minani, the son of Migrat-Sin, from Minani, the son of MigratSin. They have paid four and a half shekels of silver, the price agreed. Never shall further claim be made, on account of the house of Minani. By their king they swore. (The names of fourteen witnesses and a 10

Ancient History Reader scribe then follow.) Month Tebet, year of the great wall of Karra-Shamash.

he shall hold for sixty years the cultivated portion of it for a rental of twenty talents of dates per year, and the uncultivated portion for planting. Each year in the month Tishri, Bel-shum-iddin unto Baga'miri will give twenty talents of dates for the use of that field. The whole rent of his field for sixty years Baga'miri, son of Mitradatu, has received from the hands of Bel-shum-iddin, son of Murashu. If, in the future, before sixty years are completed, Baga'miri shall take that field from Bel-shum-iddin, Baga'miri shall pay one talent of silver to Bel-shum-iddin for the work which he shall have done on it and the orchard which he shall have planted. In case any claim should arise against that field, Baga'miri shall settle it and pay instead of Bel-shum-iddin. From the month Nisan, of the thirty-seventh year of Artaxerxes, the king, that field, for use and for planting, shall be in the possession of Bel-shum-iddin, son of Murashu, for sixty years. (The names of thirty witnesses and a scribe follow, eleven of whom left the impressions of their seals on the edges of the tablet).

CONTRACT FOR LEASE OF REAL ESTATE, 60 YEAR TERM, THIRTYSIXTH YEAR OF ARTAXERXES, 428 B.C.

This complicated contract is of unusual interest, since the lease is for so long a period; the rent is paid in advance, and the lessee is in the same instrunnent guaranteed against all future contingencies. Baga'miri, son of Mitradatu, spoke of his own free-will to Belshum-iddin, son of Murashu, saying: "I will lease my cultivated field and uncultivated land, and the cultivated field and uncultivated land of Rushundati, my father's deceased brother, which is situated on the bank of the canal of Sin, and the bank of the canal Shilikhti, and the dwelling houses in the town of Galiya, on the north, adjoining the field of Nabuakhi-iddin, son of Ninib-iddin, and adjoining the field of Banani-erish, a citizen of Nippur; on the south, adjoining the field of Minu-Bel-dana, son of Balatu; on the east, the bank of the canal of Sin; on the west, the bank of the canal of Shilikhti, and adjoining the field of Rushundati, the overseer (?) of Artaremu---all to use and to plant for sixty years. The rent of the cultivated field will be twenty talents of dates; and the uncultivated field (I will lease) for planting." Afterward Bel-shum-iddin, son of Murashu, accepted his offer with reference to the cultivated field and the uncultivated field, his part and the part of Rushundati, his uncle, deceased;

HAMMURABI'S CODE OF LAWS (http://www.fordham.edu/Halsall/ancient/ha mcode.asp#text) (circa 1780 B.C.) Translated by L. W. King When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious 11

Ancient History Reader name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well-being of mankind.

glorious in E-shidlam, the black steer, who gored the enemy; beloved of the god Nebo, who rejoiced the inhabitants of Borsippa, the Sublime; who is indefatigable for E-zida; the divine king of the city; the White, Wise; who broadened the fields of Dilbat, who heaped up the harvests for Urash; the Mighty, the lord to whom come scepter and crown, with which he clothes himself; the Elect of Ma-ma; who fixed the temple bounds of Kesh, who made rich the holy feasts of Nin-tu; the provident, solicitous, who provided food and drink for Lagash and Girsu, who provided large sacrificial offerings for the temple of Ningirsu; who captured the enemy, the Elect of the oracle who fulfilled the prediction of Hallab, who rejoiced the heart of Anunit; the pure prince, whose prayer is accepted by Adad; who satisfied the heart of Adad, the warrior, in Karkar, who restored the vessels for worship in E-ud-gal-gal; the king who granted life to the city of Adab; the guide of E-mach; the princely king of the city, the irresistible warrior, who granted life to the inhabitants of Mashkanshabri, and brought abundance to the temple of Shidlam; the White, Potent, who penetrated the secret cave of the bandits, saved the inhabitants of Malka from misfortune, and fixed their home fast in wealth; who established pure sacrificial gifts for Ea and Dam-gal-nun-na, who made his kingdom everlastingly great; the princely king of the city, who subjected the districts on the Ud-kib-nun-na Canal to the sway of Dagon, his Creator; who spared the inhabitants of Mera and Tutul; the sublime prince, who makes the face of Ninni shine; who presents holy meals to the divinity of Nin-a-zu, who cared for its inhabitants in their need, provided a portion for them in Babylon in peace; the shepherd of the oppressed and of the slaves; whose deeds find favor before Anunit, who provided for Anunit in the temple of Dumash in the

Hammurabi, the prince, called of Bel am I, making riches and increase, enriching Nippur and Dur-ilu beyond compare, sublime patron of E-kur; who reestablished Eridu and purified the worship of E-apsu; who conquered the four quarters of the world, made great the name of Babylon, rejoiced the heart of Marduk, his lord who daily pays his devotions in Saggil; the royal scion whom Sin made; who enriched Ur; the humble, the reverent, who brings wealth to Gish-shir-gal; the white king, heard of Shamash, the mighty, who again laid the foundations of Sippara; who clothed the gravestones of Malkat with green; who made E-babbar great, which is like the heavens, the warrior who guarded Larsa and renewed E-babbar, with Shamash as his helper; the lord who granted new life to Uruk, who brought plenteous water to its inhabitants, raised the head of E-anna, and perfected the beauty of Anu and Nana; shield of the land, who reunited the scattered inhabitants of Isin; who richly endowed Egal-mach; the protecting king of the city, brother of the god Zamama; who firmly founded the farms of Kish, crowned E-mete-ursag with glory, redoubled the great holy treasures of Nana, managed the temple of Harsag-kalama; the grave of the enemy, whose help brought about the victory; who increased the power of Cuthah; made all 12

Ancient History Reader suburb of Agade; who recognizes the right, who rules by law; who gave back to the city of Ashur its protecting god; who let the name of Ishtar of Nineveh remain in Emish-mish; the Sublime, who humbles himself before the great gods; successor of Sumula-il; the mighty son of Sin-muballit; the royal scion of Eternity; the mighty monarch, the sun of Babylon, whose rays shed light over the land of Sumer and Akkad; the king, obeyed by the four quarters of the world; Beloved of Ninni, am I.

shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement. 6. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death. 7. If any one buy from the son or the slave of another man, without witnesses or a contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he take it in charge, he is considered a thief and shall be put to death.

When Marduk sent me to rule over men, to give the protection of right to the land, I did right and righteousness in . . . , and brought about the well-being of the oppressed. CODE OF LAWS

8. If any one steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirtyfold therefor; if they belonged to a freed man of the king he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death.

1. If any one ensnare another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death. 2. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

9. If any one lose an article, and find it in the possession of another: if the person in whose possession the thing is found say "A merchant sold it to me, I paid for it before witnesses," and if the owner of the thing say, "I will bring witnesses who know my property," then shall the purchaser bring the merchant who sold it to him, and the witnesses before whom he bought it, and the owner shall bring witnesses who can identify his property. The judge shall examine their testimony--both of the witnesses before whom the price was paid, and of the witnesses who identify the lost article on oath. The merchant is then proved to be a thief and shall be put to death. The owner of the lost article receives his property, and he who bought it receives the

3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. 4. If he satisfy the elders to impose a fine of grain or money, he shall receive the fine that the action produces. 5. If a judge try a case, reach a decision, and present his judgment in writing; if later error 13

Ancient History Reader money he paid from the estate of the merchant.

19. If he hold the slaves in his house, and they are caught there, he shall be put to death.

10. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article.

20. If the slave that he caught run away from him, then shall he swear to the owners of the slave, and he is free of all blame. 21. If any one break a hole into a house (break in to steal), he shall be put to death before that hole and be buried.

11. If the owner do not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death.

22. If any one is committing a robbery and is caught, then he shall be put to death.

12. If the witnesses be not at hand, then shall the judge set a limit, at the expiration of six months. If his witnesses have not appeared within the six months, he is an evil-doer, and shall bear the fine of the pending case. [editor's note: there is no 13th law in the code, 13 being considered and unlucky and evil number]

23. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen. 24. If persons are stolen, then shall the community and . . . pay one mina of silver to their relatives.

14. If any one steal the minor son of another, he shall be put to death.

25. If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.

15. If any one take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death. 16. If any one receive into his house a runaway male or female slave of the court, or of a freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death.

26. If a chieftain or a man (common soldier), who has been ordered to go upon the king's highway for war does not go, but hires a mercenary, if he withholds the compensation, then shall this officer or man be put to death, and he who represented him shall take possession of his house.

17. If any one find runaway male or female slaves in the open country and bring them to their masters, the master of the slaves shall pay him two shekels of silver.

27. If a chieftain or man be caught in the misfortune of the king (captured in battle), and if his fields and garden be given to another and he take possession, if he return and reaches his place, his field and garden

18. If the slave will not give the name of the master, the finder shall bring him to the palace; a further investigation must follow, and the slave shall be returned to his master.

Ancient History Reader shall be returned to him, he shall take it over again.

34. If a . . . or a . . . harm the property of a captain, injure the captain, or take away from the captain a gift presented to him by the king, then the . . . or . . . shall be put to death.

28. If a chieftain or a man be caught in the misfortune of a king, if his son is able to enter into possession, then the field and garden shall be given to him, he shall take over the fee of his father.

35. If any one buy the cattle or sheep which the king has given to chieftains from him, he loses his money.

29. If his son is still young, and can not take possession, a third of the field and garden shall be given to his mother, and she shall bring him up.

36. The field, garden, and house of a chieftain, of a man, or of one subject to quitrent, can not be sold.

30. If a chieftain or a man leave his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it.

37. If any one buy the field, garden, and house of a chieftain, man, or one subject to quit-rent, his contract tablet of sale shall be broken (declared invalid) and he loses his money. The field, garden, and house return to their owners. 38. A chieftain, man, or one subject to quitrent can not assign his tenure of field, house, and garden to his wife or daughter, nor can he assign it for a debt.

31. If he hire it out for one year and then return, the house, garden, and field shall be given back to him, and he shall take it over again.

39. He may, however, assign a field, garden, or house which he has bought, and holds as property, to his wife or daughter or give it for debt.

32. If a chieftain or a man is captured on the "Way of the King" (in war), and a merchant buy him free, and bring him back to his place; if he have the means in his house to buy his freedom, he shall buy himself free: if he have nothing in his house with which to buy himself free, he shall be bought free by the temple of his community; if there be nothing in the temple with which to buy him free, the court shall buy his freedom. His field, garden, and house shall not be given for the purchase of his freedom.

40. He may sell field, garden, and house to a merchant (royal agents) or to any other public official, the buyer holding field, house, and garden for its usufruct. 41. If any one fence in the field, garden, and house of a chieftain, man, or one subject to quit-rent, furnishing the palings therefor; if the chieftain, man, or one subject to quitrent return to field, garden, and house, the palings which were given to him become his property.

33. If a . . . or a . . . enter himself as withdrawn from the "Way of the King," and send a mercenary as substitute, but withdraw him, then the . . . or . . . shall be put to death.

42. If any one take over a field to till it, and obtain no harvest therefrom, it must be proved that he did no work on the field, and 15

Ancient History Reader he must deliver grain, just as his neighbor raised, to the owner of the field.

the field, at the harvest the corn or sesame that is in the field shall belong to the owner of the field and he shall pay corn as rent, for the money he received from the merchant, and the livelihood of the cultivator shall he give to the merchant.

43. If he do not till the field, but let it lie fallow, he shall give grain like his neighbor's to the owner of the field, and the field which he let lie fallow he must plow and sow and return to its owner.

50. If he give a cultivated corn-field or a cultivated sesame-field, the corn or sesame in the field shall belong to the owner of the field, and he shall return the money to the merchant as rent.

44. If any one take over a waste-lying field to make it arable, but is lazy, and does not make it arable, he shall plow the fallow field in the fourth year, harrow it and till it, and give it back to its owner, and for each ten gan (a measure of area) ten gur of grain shall be paid.

51. If he have no money to repay, then he shall pay in corn or sesame in place of the money as rent for what he received from the merchant, according to the royal tariff.

45. If a man rent his field for tillage for a fixed rental, and receive the rent of his field, but bad weather come and destroy the harvest, the injury falls upon the tiller of the soil.

52. If the cultivator do not plant corn or sesame in the field, the debtor's contract is not weakened. 53. If any one be too lazy to keep his dam in proper condition, and does not so keep it; if then the dam break and all the fields be flooded, then shall he in whose dam the break occurred be sold for money, and the money shall replace the corn which he has caused to be ruined.

46. If he do not receive a fixed rental for his field, but lets it on half or third shares of the harvest, the grain on the field shall be divided proportionately between the tiller and the owner. 47. If the tiller, because he did not succeed in the first year, has had the soil tilled by others, the owner may raise no objection; the field has been cultivated and he receives the harvest according to agreement.

54. If he be not able to replace the corn, then he and his possessions shall be divided among the farmers whose corn he has flooded.

48. If any one owe a debt for a loan, and a storm prostrates the grain, or the harvest fail, or the grain does not grow for lack of water; in that year he need not give his creditor any grain, he washes his debt-tablet in water and pays no rent for this year.

55. If any one open his ditches to water his crop, but is careless, and the water flood the field of his neighbor, then he shall pay his neighbor corn for his loss. 56. If a man let in the water, and the water overflow the plantation of his neighbor, he shall pay ten gur of corn for every ten gan of land.

49. If any one take money from a merchant, and give the merchant a field tillable for corn or sesame and order him to plant corn or sesame in the field, and to harvest the crop; if the cultivator plant corn or sesame in

57. If a shepherd, without the permission of the owner of the field, and without the 16

Ancient History Reader knowledge of the owner of the sheep, lets the sheep into a field to graze, then the owner of the field shall harvest his crop, and the shepherd, who had pastured his flock there without permission of the owner of the field, shall pay to the owner twenty gur of corn for every ten gan.

its owner two-thirds of the produce of the garden, for so long as he has it in possession, and the other third shall he keep. 65. If the gardener do not work in the garden and the product fall off, the gardener shall pay in proportion to other neighboring gardens. [Here a portion of the text is missing, apparently comprising thirty-four paragraphs.]

58. If after the flocks have left the pasture and been shut up in the common fold at the city gate, any shepherd let them into a field and they graze there, this shepherd shall take possession of the field which he has allowed to be grazed on, and at the harvest he must pay sixty gur of corn for every ten gan.

100. . . . interest for the money, as much as he has received, he shall give a note therefor, and on the day, when they settle, pay to the merchant. 101. If there are no mercantile arrangements in the place whither he went, he shall leave the entire amount of money which he received with the broker to give to the merchant.

59. If any man, without the knowledge of the owner of a garden, fell a tree in a garden he shall pay half a mina in money. 60. If any one give over a field to a gardener, for him to plant it as a garden, if he work at it, and care for it for four years, in the fifth year the owner and the gardener shall divide it, the owner taking his part in charge.

102. If a merchant entrust money to an agent (broker) for some investment, and the broker suffer a loss in the place to which he goes, he shall make good the capital to the merchant.

61. If the gardener has not completed the planting of the field, leaving one part unused, this shall be assigned to him as his.

103. If, while on the journey, an enemy take away from him anything that he had, the broker shall swear by God and be free of obligation.

62. If he do not plant the field that was given over to him as a garden, if it be arable land (for corn or sesame) the gardener shall pay the owner the produce of the field for the years that he let it lie fallow, according to the product of neighboring fields, put the field in arable condition and return it to its owner.

104. If a merchant give an agent corn, wool, oil, or any other goods to transport, the agent shall give a receipt for the amount, and compensate the merchant therefor. Then he shall obtain a receipt form the merchant for the money that he gives the merchant.

63. If he transform waste land into arable fields and return it to its owner, the latter shall pay him for one year ten gur for ten gan.

105. If the agent is careless, and does not take a receipt for the money which he gave the merchant, he can not consider the unreceipted money as his own.

64. If any one hand over his garden to a gardener to work, the gardener shall pay to

106. If the agent accept money from the merchant, but have a quarrel with the 17

Ancient History Reader merchant (denying the receipt), then shall the merchant swear before God and witnesses that he has given this money to the agent, and the agent shall pay him three times the sum.

113. If any one have consignment of corn or money, and he take from the granary or box without the knowledge of the owner, then shall he who took corn without the knowledge of the owner out of the granary or money out of the box be legally convicted, and repay the corn he has taken. And he shall lose whatever commission was paid to him, or due him.

107. If the merchant cheat the agent, in that as the latter has returned to him all that had been given him, but the merchant denies the receipt of what had been returned to him, then shall this agent convict the merchant before God and the judges, and if he still deny receiving what the agent had given him shall pay six times the sum to the agent.

114. If a man have no claim on another for corn and money, and try to demand it by force, he shall pay one-third of a mina of silver in every case.

108. If a tavern-keeper (feminine) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water.

115. If any one have a claim for corn or money upon another and imprison him; if the prisoner die in prison a natural death, the case shall go no further. 116. If the prisoner die in prison from blows or maltreatment, the master of the prisoner shall convict the merchant before the judge. If he was a free-born man, the son of the merchant shall be put to death; if it was a slave, he shall pay one-third of a mina of gold, and all that the master of the prisoner gave he shall forfeit.

109. If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death. 110. If a "sister of a god" open a tavern, or enter a tavern to drink, then shall this woman be burned to death.

117. If any one fail to meet a claim for debt, and sell himself, his wife, his son, and daughter for money or give them away to forced labor: they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free.

111. If an inn-keeper furnish sixty ka of usakani-drink to . . . she shall receive fifty ka of corn at the harvest. 112. If any one be on a journey and entrust silver, gold, precious stones, or any movable property to another, and wish to recover it from him; if the latter do not bring all of the property to the appointed place, but appropriate it to his own use, then shall this man, who did not bring the property to hand it over, be convicted, and he shall pay fivefold for all that had been entrusted to him.

118. If he give a male or female slave away for forced labor, and the merchant sublease them, or sell them for money, no objection can be raised. 119. If any one fail to meet a claim for debt, and he sell the maid servant who has borne him children, for money, the money which the merchant has paid shall be repaid to him 18

Ancient History Reader by the owner of the slave and she shall be freed.

false claims: if he claim his goods and amount of injury before God, even though he has not lost them, he shall be fully compensated for all his loss claimed. (I.e., the oath is all that is needed.)

120. If any one store corn for safe keeping in another person's house, and any harm happen to the corn in storage, or if the owner of the house open the granary and take some of the corn, or if especially he deny that the corn was stored in his house: then the owner of the corn shall claim his corn before God (on oath), and the owner of the house shall pay its owner for all of the corn that he took.

127. If any one "point the finger" (slander) at a sister of a god or the wife of any one, and can not prove it, this man shall be taken before the judges and his brow shall be marked. (by cutting the skin, or perhaps hair.)

121. If any one store corn in another man's house he shall pay him storage at the rate of one gur for every five ka of corn per year.

128. If a man take a woman to wife, but have no intercourse with her, this woman is no wife to him.

122. If any one give another silver, gold, or anything else to keep, he shall show everything to some witness, draw up a contract, and then hand it over for safe keeping.

129. If a man's wife be surprised (in flagrante delicto) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves.

123. If he turn it over for safe keeping without witness or contract, and if he to whom it was given deny it, then he has no legitimate claim.

130. If a man violate the wife (betrothed or child-wife) of another man, who has never known a man, and still lives in her father's house, and sleep with her and be surprised, this man shall be put to death, but the wife is blameless.

124. If any one deliver silver, gold, or anything else to another for safe keeping, before a witness, but he deny it, he shall be brought before a judge, and all that he has denied he shall pay in full.

131. If a man bring a charge against one's wife, but she is not surprised with another man, she must take an oath and then may return to her house.

125. If any one place his property with another for safe keeping, and there, either through thieves or robbers, his property and the property of the other man be lost, the owner of the house, through whose neglect the loss took place, shall compensate the owner for all that was given to him in charge. But the owner of the house shall try to follow up and recover his property, and take it away from the thief.

132. If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband. 133. If a man is taken prisoner in war, and there is a sustenance in his house, but his wife leave house and court, and go to another house: because this wife did not keep her court, and went to another house, she shall be judicially condemned and thrown into the water.

126. If any one who has not lost his goods state that they have been lost, and make 19

Ancient History Reader 134. If any one be captured in war and there is not sustenance in his house, if then his wife go to another house this woman shall be held blameless.

judicially convicted: if her husband offer her release, she may go on her way, and he gives her nothing as a gift of release. If her husband does not wish to release her, and if he take another wife, she shall remain as servant in her husband's house.

135. If a man be taken prisoner in war and there be no sustenance in his house and his wife go to another house and bear children; and if later her husband return and come to his home: then this wife shall return to her husband, but the children follow their father.

142. If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.

136. If any one leave his house, run away, and then his wife go to another house, if then he return, and wishes to take his wife back: because he fled from his home and ran away, the wife of this runaway shall not return to her husband.

143. If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast into the water.

137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.

144. If a man take a wife and this woman give her husband a maid-servant, and she bear him children, but this man wishes to take another wife, this shall not be permitted to him; he shall not take a second wife. 145. If a man take a wife, and she bear him no children, and he intend to take another wife: if he take this second wife, and bring her into the house, this second wife shall not be allowed equality with his wife.

138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go. 139. If there was no purchase price he shall give her one mina of gold as a gift of release.

146. If a man take a wife and she give this man a maid-servant as wife and she bear him children, and then this maid assume equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maidservants.

140. If he be a freed man he shall give her one-third of a mina of gold.

147. If she have not borne him children, then her mistress may sell her for money.

141. If a man's wife, who lives in his house, wishes to leave it, plunges into debt, tries to ruin her house, neglects her husband, and is

148. If a man take a wife, and she be seized by disease, if he then desire to take a second wife he shall not put away his wife, who has 20

Ancient History Reader been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives.

156. If a man betroth a girl to his son, but his son has not known her, and if then he defile her, he shall pay her half a gold mina, and compensate her for all that she brought out of her father's house. She may marry the man of her heart.

149. If this woman does not wish to remain in her husband's house, then he shall compensate her for the dowry that she brought with her from her father's house, and she may go.

157. If any one be guilty of incest with his mother after his father, both shall be burned.

150. If a man give his wife a field, garden, and house and a deed therefor, if then after the death of her husband the sons raise no claim, then the mother may bequeath all to one of her sons whom she prefers, and need leave nothing to his brothers.

158. If any one be surprised after his father with his chief wife, who has borne children, he shall be driven out of his father's house. 159. If any one, who has brought chattels into his father-in-law's house, and has paid the purchase-money, looks for another wife, and says to his father-in-law: "I do not want your daughter," the girl's father may keep all that he had brought.

151. If a woman who lived in a man's house made an agreement with her husband, that no creditor can arrest her, and has given a document therefor: if that man, before he married that woman, had a debt, the creditor can not hold the woman for it. But if the woman, before she entered the man's house, had contracted a debt, her creditor can not arrest her husband therefor.

160. If a man bring chattels into the house of his father-in-law, and pay the "purchase price" (for his wife): if then the father of the girl say: "I will not give you my daughter," he shall give him back all that he brought with him.

152. If after the woman had entered the man's house, both contracted a debt, both must pay the merchant.

161. If a man bring chattels into his fatherin-law's house and pay the "purchase price," if then his friend slander him, and his fatherin-law say to the young husband: "You shall not marry my daughter," the he shall give back to him undiminished all that he had brought with him; but his wife shall not be married to the friend.

153. If the wife of one man on account of another man has their mates (her husband and the other man's wife) murdered, both of them shall be impaled. 154. If a man be guilty of incest with his daughter, he shall be driven from the place (exiled).

162. If a man marry a woman, and she bear sons to him; if then this woman die, then shall her father have no claim on her dowry; this belongs to her sons.

155. If a man betroth a girl to his son, and his son have intercourse with her, but he (the father) afterward defile her, and be surprised, then he shall be bound and cast into the water (drowned).

163. If a man marry a woman and she bear him no sons; if then this woman die, if the "purchase price" which he had paid into the house of his father-in-law is repaid to him, her husband shall have no claim upon the 21

Ancient History Reader dowry of this woman; it belongs to her father's house.

a second time the father may deprive his son of all filial relation.

164. If his father-in-law do not pay back to him the amount of the "purchase price" he may subtract the amount of the "Purchase price" from the dowry, and then pay the remainder to her father's house.

170. If his wife bear sons to a man, or his maid-servant have borne sons, and the father while still living says to the children whom his maid-servant has borne: "My sons," and he count them with the sons of his wife; if then the father die, then the sons of the wife and of the maid-servant shall divide the paternal property in common. The son of the wife is to partition and choose.

165. If a man give to one of his sons whom he prefers a field, garden, and house, and a deed therefor: if later the father die, and the brothers divide the estate, then they shall first give him the present of his father, and he shall accept it; and the rest of the paternal property shall they divide.

171. If, however, the father while still living did not say to the sons of the maid-servant: "My sons," and then the father dies, then the sons of the maid-servant shall not share with the sons of the wife, but the freedom of the maid and her sons shall be granted. The sons of the wife shall have no right to enslave the sons of the maid; the wife shall take her dowry (from her father), and the gift that her husband gave her and deeded to her (separate from dowry, or the purchasemoney paid her father), and live in the home of her husband: so long as she lives she shall use it, it shall not be sold for money. Whatever she leaves shall belong to her children.

166. If a man take wives for his son, but take no wife for his minor son, and if then he die: if the sons divide the estate, they shall set aside besides his portion the money for the "purchase price" for the minor brother who had taken no wife as yet, and secure a wife for him. 167. If a man marry a wife and she bear him children: if this wife die and he then take another wife and she bear him children: if then the father die, the sons must not partition the estate according to the mothers, they shall divide the dowries of their mothers only in this way; the paternal estate they shall divide equally with one another.

172. If her husband made her no gift, she shall be compensated for her gift, and she shall receive a portion from the estate of her husband, equal to that of one child. If her sons oppress her, to force her out of the house, the judge shall examine into the matter, and if the sons are at fault the woman shall not leave her husband's house. If the woman desire to leave the house, she must leave to her sons the gift which her husband gave her, but she may take the dowry of her father's house. Then she may marry the man of her heart.

168. If a man wish to put his son out of his house, and declare before the judge: "I want to put my son out," then the judge shall examine into his reasons. If the son be guilty of no great fault, for which he can be rightfully put out, the father shall not put him out. 169. If he be guilty of a grave fault, which should rightfully deprive him of the filial relationship, the father shall forgive him the first time; but if he be guilty of a grave fault

173. If this woman bear sons to her second husband, in the place to which she went, and 22

Ancient History Reader then die, her earlier and later sons shall divide the dowry between them.

178. If a "devoted woman" or a prostitute to whom her father has given a dowry and a deed therefor, but if in this deed it is not stated that she may bequeath it as she pleases, and has not explicitly stated that she has the right of disposal; if then her father die, then her brothers shall hold her field and garden, and give her corn, oil, and milk according to her portion, and satisfy her. If her brothers do not give her corn, oil, and milk according to her share, then her field and garden shall support her. She shall have the usufruct of field and garden and all that her father gave her so long as she lives, but she can not sell or assign it to others. Her position of inheritance belongs to her brothers.

174. If she bear no sons to her second husband, the sons of her first husband shall have the dowry. 175. If a State slave or the slave of a freed man marry the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free. 176. If, however, a State slave or the slave of a freed man marry a man's daughter, and after he marries her she bring a dowry from a father's house, if then they both enjoy it and found a household, and accumulate means, if then the slave die, then she who was free born may take her dowry, and all that her husband and she had earned; she shall divide them into two parts, one-half the master for the slave shall take, and the other half shall the free-born woman take for her children. If the free-born woman had no gift she shall take all that her husband and she had earned and divide it into two parts; and the master of the slave shall take one-half and she shall take the other for her children.

179. If a "sister of a god," or a prostitute, receive a gift from her father, and a deed in which it has been explicitly stated that she may dispose of it as she pleases, and give her complete disposition thereof: if then her father die, then she may leave her property to whomsoever she pleases. Her brothers can raise no claim thereto. 180. If a father give a present to his daughter--either marriageable or a prostitute (unmarriageable)--and then die, then she is to receive a portion as a child from the paternal estate, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.

177. If a widow, whose children are not grown, wishes to enter another house (remarry), she shall not enter it without the knowledge of the judge. If she enter another house the judge shall examine the state of the house of her first husband. Then the house of her first husband shall be entrusted to the second husband and the woman herself as managers. And a record must be made thereof. She shall keep the house in order, bring up the children, and not sell the house-hold utensils. He who buys the utensils of the children of a widow shall lose his money, and the goods shall return to their owners.

181. If a father devote a temple-maid or temple-virgin to God and give her no present: if then the father die, she shall receive the third of a child's portion from the inheritance of her father's house, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers. 182. If a father devote his daughter as a wife of Mardi of Babylon (as in 181), and give her no present, nor a deed; if then her father 23

Ancient History Reader die, then shall she receive one-third of her portion as a child of her father's house from her brothers, but Marduk may leave her estate to whomsoever she wishes.

then he may go. He shall not give him of the field, garden, and house. 192. If a son of a paramour or a prostitute say to his adoptive father or mother: "You are not my father, or my mother," his tongue shall be cut off.

183. If a man give his daughter by a concubine a dowry, and a husband, and a deed; if then her father die, she shall receive no portion from the paternal estate.

193. If the son of a paramour or a prostitute desire his father's house, and desert his adoptive father and adoptive mother, and goes to his father's house, then shall his eye be put out.

184. If a man do not give a dowry to his daughter by a concubine, and no husband; if then her father die, her brother shall give her a dowry according to her father's wealth and secure a husband for her.

194. If a man give his child to a nurse and the child die in her hands, but the nurse unbeknown to the father and mother nurse another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off.

185. If a man adopt a child and to his name as son, and rear him, this grown son can not be demanded back again. 186. If a man adopt a son, and if after he has taken him he injure his foster father and mother, then this adopted son shall return to his father's house.

195. If a son strike his father, his hands shall be hewn off.

187. The son of a paramour in the palace service, or of a prostitute, can not be demanded back.

196. If a man put out the eye of another man, his eye shall be put out. [ An eye for an eye ]

188. If an artizan has undertaken to rear a child and teaches him his craft, he can not be demanded back.

197. If he break another man's bone, his bone shall be broken. 198. If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina.

189. If he has not taught him his craft, this adopted son may return to his father's house. 190. If a man does not maintain a child that he has adopted as a son and reared with his other children, then his adopted son may return to his father's house.

199. If he put out the eye of a man's slave, or break the bone of a man's slave, he shall pay one-half of its value. 200. If a man knock out the teeth of his equal, his teeth shall be knocked out. [ A tooth for a tooth ]

191. If a man, who had adopted a son and reared him, founded a household, and had children, wish to put this adopted son out, then this son shall not simply go his way. His adoptive father shall give him of his wealth one-third of a child's portion, and

201. If he knock out the teeth of a freed man, he shall pay one-third of a gold mina.

Ancient History Reader 202. If any one strike the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.

215. If a physician make a large incision with an operating knife and cure it, or if he open a tumor (over the eye) with an operating knife, and saves the eye, he shall receive ten shekels in money.

203. If a free-born man strike the body of another free-born man or equal rank, he shall pay one gold mina.

216. If the patient be a freed man, he receives five shekels.

204. If a freed man strike the body of another freed man, he shall pay ten shekels in money.

217. If he be the slave of some one, his owner shall give the physician two shekels.

205. If the slave of a freed man strike the body of a freed man, his ear shall be cut off.

218. If a physician make a large incision with the operating knife, and kill him, or open a tumor with the operating knife, and cut out the eye, his hands shall be cut off.

206. If during a quarrel one man strike another and wound him, then he shall swear, "I did not injure him wittingly," and pay the physicians.

219. If a physician make a large incision in the slave of a freed man, and kill him, he shall replace the slave with another slave.

207. If the man die of his wound, he shall swear similarly, and if he (the deceased) was a free-born man, he shall pay half a mina in money.

220. If he had opened a tumor with the operating knife, and put out his eye, he shall pay half his value.

208. If he was a freed man, he shall pay onethird of a mina.

221. If a physician heal the broken bone or diseased soft part of a man, the patient shall pay the physician five shekels in money.

209. If a man strike a free-born woman so that she lose her unborn child, he shall pay ten shekels for her loss.

222. If he were a freed man he shall pay three shekels.

210. If the woman die, his daughter shall be put to death.

223. If he were a slave his owner shall pay the physician two shekels.

211. If a woman of the free class lose her child by a blow, he shall pay five shekels in money.

224. If a veterinary surgeon perform a serious operation on an ass or an ox, and cure it, the owner shall pay the surgeon onesixth of a shekel as a fee.

212. If this woman die, he shall pay half a mina.

225. If he perform a serious operation on an ass or ox, and kill it, he shall pay the owner one-fourth of its value.

213. If he strike the maid-servant of a man, and she lose her child, he shall pay two shekels in money.

226. If a barber, without the knowledge of his master, cut the sign of a slave on a slave not to be sold, the hands of this barber shall be cut off.

214. If this maid-servant die, he shall pay one-third of a mina. 25

Ancient History Reader 227. If any one deceive a barber, and have him mark a slave not for sale with the sign of a slave, he shall be put to death, and buried in his house. The barber shall swear: "I did not mark him wittingly," and shall be guiltless.

expense. The tight boat he shall give to the boat owner. 236. If a man rent his boat to a sailor, and the sailor is careless, and the boat is wrecked or goes aground, the sailor shall give the owner of the boat another boat as compensation.

228. If a builder build a house for some one and complete it, he shall give him a fee of two shekels in money for each sar of surface.

237. If a man hire a sailor and his boat, and provide it with corn, clothing, oil and dates, and other things of the kind needed for fitting it: if the sailor is careless, the boat is wrecked, and its contents ruined, then the sailor shall compensate for the boat which was wrecked and all in it that he ruined.

229 If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.

238. If a sailor wreck any one's ship, but saves it, he shall pay the half of its value in money.

230. If it kill the son of the owner the son of that builder shall be put to death. 231. If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house.

239. If a man hire a sailor, he shall pay him six gur of corn per year. 240. If a merchantman run against a ferryboat, and wreck it, the master of the ship that was wrecked shall seek justice before God; the master of the merchantman, which wrecked the ferryboat, must compensate the owner for the boat and all that he ruined.

232. If it ruin goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means. 233. If a builder build a house for some one, even though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means.

241. If any one impresses an ox for forced labor, he shall pay one-third of a mina in money. 242. If any one hire oxen for a year, he shall pay four gur of corn for plow-oxen.

234. If a shipbuilder build a boat of sixty gur for a man, he shall pay him a fee of two shekels in money.

243. As rent of herd cattle he shall pay three gur of corn to the owner. 244. If any one hire an ox or an ass, and a lion kill it in the field, the loss is upon its owner.

235. If a shipbuilder build a boat for some one, and do not make it tight, if during that same year that boat is sent away and suffers injury, the shipbuilder shall take the boat apart and put it together tight at his own 26

Ancient History Reader 245. If any one hire oxen, and kill them by bad treatment or blows, he shall compensate the owner, oxen for oxen.

field, he shall be convicted, and for each one hundred gan he shall pay sixty gur of corn. 256. If his community will not pay for him, then he shall be placed in that field with the cattle (at work).

246. If a man hire an ox, and he break its leg or cut the ligament of its neck, he shall compensate the owner with ox for ox.

257. If any one hire a field laborer, he shall pay him eight gur of corn per year.

247. If any one hire an ox, and put out its eye, he shall pay the owner one-half of its value.

258. If any one hire an ox-driver, he shall pay him six gur of corn per year.

248. If any one hire an ox, and break off a horn, or cut off its tail, or hurt its muzzle, he shall pay one-fourth of its value in money.

259. If any one steal a water-wheel from the field, he shall pay five shekels in money to its owner.

249. If any one hire an ox, and God strike it that it die, the man who hired it shall swear by God and be considered guiltless.

260. If any one steal a shadduf (used to draw water from the river or canal) or a plow, he shall pay three shekels in money.

250. If while an ox is passing on the street (market) some one push it, and kill it, the owner can set up no claim in the suit (against the hirer).

261. If any one hire a herdsman for cattle or sheep, he shall pay him eight gur of corn per annum. 262. If any one, a cow or a sheep . . .

251. If an ox be a goring ox, and it shown that he is a gorer, and he do not bind his horns, or fasten the ox up, and the ox gore a free-born man and kill him, the owner shall pay one-half a mina in money.

263. If he kill the cattle or sheep that were given to him, he shall compensate the owner with cattle for cattle and sheep for sheep. 264. If a herdsman, to whom cattle or sheep have been entrusted for watching over, and who has received his wages as agreed upon, and is satisfied, diminish the number of the cattle or sheep, or make the increase by birth less, he shall make good the increase or profit which was lost in the terms of settlement.

252. If he kill a man's slave, he shall pay one-third of a mina. 253. If any one agree with another to tend his field, give him seed, entrust a yoke of oxen to him, and bind him to cultivate the field, if he steal the corn or plants, and take them for himself, his hands shall be hewn off.

265. If a herdsman, to whose care cattle or sheep have been entrusted, be guilty of fraud and make false returns of the natural increase, or sell them for money, then shall he be convicted and pay the owner ten times the loss.

254. If he take the seed-corn for himself, and do not use the yoke of oxen, he shall compensate him for the amount of the seedcorn. 255. If he sublet the man's yoke of oxen or steal the seed-corn, planting nothing in the 27

Ancient History Reader 266. If the animal be killed in the stable by God ( an accident), or if a lion kill it, the herdsman shall declare his innocence before God, and the owner bears the accident in the stable.

277. If any one hire a ship of sixty gur, he shall pay one-sixth of a shekel in money as its hire per day. 278. If any one buy a male or female slave, and before a month has elapsed the benudisease be developed, he shall return the slave to the seller, and receive the money which he had paid.

267. If the herdsman overlook something, and an accident happen in the stable, then the herdsman is at fault for the accident which he has caused in the stable, and he must compensate the owner for the cattle or sheep.

279. If any one by a male or female slave, and a third party claim it, the seller is liable for the claim.

268. If any one hire an ox for threshing, the amount of the hire is twenty ka of corn.

280. If while in a foreign country a man buy a male or female slave belonging to another of his own country; if when he return home the owner of the male or female slave recognize it: if the male or female slave be a native of the country, he shall give them back without any money.

269. If he hire an ass for threshing, the hire is twenty ka of corn. 270. If he hire a young animal for threshing, the hire is ten ka of corn. 271. If any one hire oxen, cart and driver, he shall pay one hundred and eighty ka of corn per day.

281. If they are from another country, the buyer shall declare the amount of money paid therefor to the merchant, and keep the male or female slave.

272. If any one hire a cart alone, he shall pay forty ka of corn per day.

282. If a slave say to his master: "You are not my master," if they convict him his master shall cut off his ear.

273. If any one hire a day laborer, he shall pay him from the New Year until the fifth month (April to August, when days are long and the work hard) six gerahs in money per day; from the sixth month to the end of the year he shall give him five gerahs per day.

THE EPILOGUE LAWS of justice which Hammurabi, the wise king, established. A righteous law, and pious statute did he teach the land. Hammurabi, the protecting king am I. I have not withdrawn myself from the men, whom Bel gave to me, the rule over whom Marduk gave to me, I was not negligent, but I made them a peaceful abiding-place. I expounded all great difficulties, I made the light shine upon them. With the mighty weapons which Zamama and Ishtar entrusted to me, with the keen vision with which Ea endowed me, with the wisdom that Marduk gave me, I

274. If any one hire a skilled artizan, he shall pay as wages of the . . . five gerahs, as wages of the potter five gerahs, of a tailor five gerahs, of . . . gerahs, . . . of a ropemaker four gerahs, of . . .. gerahs, of a mason . . . gerahs per day. 275. If any one hire a ferryboat, he shall pay three gerahs in money per day. 276. If he hire a freight-boat, he shall pay two and one-half gerahs per day. 28

Ancient History Reader have uprooted the enemy above and below (in north and south), subdued the earth, brought prosperity to the land, guaranteed security to the inhabitants in their homes; a disturber was not permitted. The great gods have called me, I am the salvation-bearing shepherd, whose staff is straight, the good shadow that is spread over my city; on my breast I cherish the inhabitants of the land of Sumer and Akkad; in my shelter I have let them repose in peace; in my deep wisdom have I enclosed them. That the strong might not injure the weak, in order to protect the widows and orphans, I have in Babylon the city where Anu and Bel raise high their head, in E-Sagil, the Temple, whose foundations stand firm as heaven and earth, in order to bespeak justice in the land, to settle all disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.

his subjects, and has established order in the land." When he reads the record, let him pray with full heart to Marduk, my lord, and Zarpanit, my lady; and then shall the protecting deities and the gods, who frequent E-Sagil, graciously grant the desires daily presented before Marduk, my lord, and Zarpanit, my lady. In future time, through all coming generations, let the king, who may be in the land, observe the words of righteousness which I have written on my monument; let him not alter the law of the land which I have given, the edicts which I have enacted; my monument let him not mar. If such a ruler have wisdom, and be able to keep his land in order, he shall observe the words which I have written in this inscription; the rule, statute, and law of the land which I have given; the decisions which I have made will this inscription show him; let him rule his subjects accordingly, speak justice to them, give right decisions, root out the miscreants and criminals from this land, and grant prosperity to his subjects.

The king who ruleth among the kings of the cities am I. My words are well considered; there is no wisdom like unto mine. By the command of Shamash, the great judge of heaven and earth, let righteousness go forth in the land: by the order of Marduk, my lord, let no destruction befall my monument. In E-Sagil, which I love, let my name be ever repeated; let the oppressed, who has a case at law, come and stand before this my image as king of righteousness; let him read the inscription, and understand my precious words: the inscription will explain his case to him; he will find out what is just, and his heart will be glad, so that he will say:

Hammurabi, the king of righteousness, on whom Shamash has conferred right (or law) am I. My words are well considered; my deeds are not equaled; to bring low those that were high; to humble the proud, to expel insolence. If a succeeding ruler considers my words, which I have written in this my inscription, if he do not annul my law, nor corrupt my words, nor change my monument, then may Shamash lengthen that king's reign, as he has that of me, the king of righteousness, that he may reign in righteousness over his subjects. If this ruler do not esteem my words, which I have written in my inscription, if he despise my curses, and fear not the curse of God, if he

"Hammurabi is a ruler, who is as a father to his subjects, who holds the words of Marduk in reverence, who has achieved conquest for Marduk over the north and south, who rejoices the heart of Marduk, his lord, who has bestowed benefits for ever and ever on 29

Ancient History Reader destroy the law which I have given, corrupt my words, change my monument, efface my name, write his name there, or on account of the curses commission another so to do, that man, whether king or ruler, patesi, or commoner, no matter what he be, may the great God (Anu), the Father of the gods, who has ordered my rule, withdraw from him the glory of royalty, break his scepter, curse his destiny. May Bel, the lord, who fixeth destiny, whose command can not be altered, who has made my kingdom great, order a rebellion which his hand can not control; may he let the wind of the overthrow of his habitation blow, may he ordain the years of his rule in groaning, years of scarcity, years of famine, darkness without light, death with seeing eyes be fated to him; may he (Bel) order with his potent mouth the destruction of his city, the dispersion of his subjects, the cutting off of his rule, the removal of his name and memory from the land. May Belit, the great Mother, whose command is potent in E-Kur (the Babylonian Olympus), the Mistress, who harkens graciously to my petitions, in the seat of judgment and decision (where Bel fixes destiny), turn his affairs evil before Bel, and put the devastation of his land, the destruction of his subjects, the pouring out of his life like water into the mouth of King Bel. May Ea, the great ruler, whose fated decrees come to pass, the thinker of the gods, the omniscient, who maketh long the days of my life, withdraw understanding and wisdom from him, lead him to forgetfulness, shut up his rivers at their sources, and not allow corn or sustenance for man to grow in his land. May Shamash, the great Judge of heaven and earth, who supporteth all means of livelihood, Lord of life-courage, shatter his dominion, annul his law, destroy his way, make vain the march of his troops, send him in his visions forecasts of the uprooting of the foundations of his throne

and of the destruction of his land. May the condemnation of Shamash overtake him forthwith; may he be deprived of water above among the living, and his spirit below in the earth. May Sin (the Moon-god), the Lord of Heaven, the divine father, whose crescent gives light among the gods, take away the crown and regal throne from him; may he put upon him heavy guilt, great decay, that nothing may be lower than he. May he destine him as fated, days, months and years of dominion filled with sighing and tears, increase of the burden of dominion, a life that is like unto death. May Adad, the lord of fruitfulness, ruler of heaven and earth, my helper, withhold from him rain from heaven, and the flood of water from the springs, destroying his land by famine and want; may he rage mightily over his city, and make his land into flood-hills (heaps of ruined cities). May Zamama, the great warrior, the first-born son of E-Kur, who goeth at my right hand, shatter his weapons on the field of battle, turn day into night for him, and let his foe triumph over him. May Ishtar, the goddess of fighting and war, who unfetters my weapons, my gracious protecting spirit, who loveth my dominion, curse his kingdom in her angry heart; in her great wrath, change his grace into evil, and shatter his weapons on the place of fighting and war. May she create disorder and sedition for him, strike down his warriors, that the earth may drink their blood, and throw down the piles of corpses of his warriors on the field; may she not grant him a life of mercy, deliver him into the hands of his enemies, and imprison him in the land of his enemies. May Nergal, the might among the gods, whose contest is irresistible, who grants me victory, in his great might burn up his subjects like a slender reedstalk, cut off his limbs with his mighty weapons, and shatter him like an earthen image. May Nin-tu, the sublime 30

Ancient History Reader mistress of the lands, the fruitful mother, deny him a son, vouchsafe him no name, give him no successor among men. May Nin-karak, the daughter of Anu, who adjudges grace to me, cause to come upon his members in E-kur high fever, severe wounds, that can not be healed, whose nature the physician does not understand, which he can not treat with dressing, which, like the bite of death, can not be removed, until they have sapped away his life. https://www.youtube.com/watch?v=7UqPJoShXCc& feature=player_embedded

May he lament the loss of his life-power, and may the great gods of heaven and earth, the Anunaki, altogether inflict a curse and evil upon the confines of the temple, the walls of this E-barra (the Sun temple of Sippara), upon his dominion, his land, his warriors, his subjects, and his troops. May Bel curse him with the potent curses of his mouth that can not be altered, and may they come upon him forthwith.

PRECEPTS OF PTAH-HOTEP (http://www.fordham.edu/Halsall/ancient/pta hhotep.asp) Precepts of the prefect, the lord Ptah-hotep, under the Majesty of the King of the South and North, Assa, living eternally forever.

THE END

The prefect, the feudal lord Ptah-hotep, says: O Ptah with the two crocodiles, my lord, the progress of age changes into senility. Decay falls upon man and decline takes the place of youth. A vexation weighs upon him every day; sight fails, the ear becomes deaf; his strength dissolves without ceasing. The mouth is silent, speech fails him; the mind decays, remembering not the day before. The whole body suffers. That which is good becomes evil; taste completely disappears. Old age makes a man altogether miserable; the nose is stopped up, breathing no more from exhaustion. Standing or sitting there is here a condition of . . . Who will cause me to have authority to speak, that I may declare to him the words of those who have heard the counsels of former days? And the counsels heard of the gods, who will give me authority to declare them? Cause that it be so and that evil be removed from those

ON THE ANCIENT CITY OF EMAR (A SECONDARY SOURCE) http://web.archive.org/web/1996112705162 1/http://scholar.cc.emory.edu/scripts/ASOR/ BA/Margueron.html EGYPT PLEASE WATCH: EXPLORING THE STEP PYRAMID

Ancient History Reader that are enlightened; send the double . . . The majesty of this god says: Instruct him in the sayings of former days. It is this which constitutes the merit of the children of the great. All that which makes the soul equal penetrates him who hears it, and that which it says produces no satiety.

He fights against himself; require him not further to flatter your feelings. Do not amuse yourself with the spectacle which you have before you; it is odious, it is mean, it is the part of a despicable soul so to do. As soon as you let yourself be moved by your feelings, combat this desire as a thing that is reproved by the great.

Beginning of the arrangement of the good sayings, spoken by the noble lord, the divine father, beloved of Ptah, the son of the king, the first-born of his race, the prefect and feudal lord Ptah-hotep, so as to instruct the ignorant in the knowledge of the arguments of the good sayings. It is profitable for him who hears them, it is a loss to him who shall transgress them. He says to his son:

If you have, as leader, to decide on the conduct of a great number of men, seek the most perfect manner of doing so that your own conduct may be without reproach. Justice is great, invariable, and assured; it has not been disturbed since the age of Ptah. To throw obstacles in the way of the laws is to open the way before violence. Shall that which is below gain the upper hand, if the unjust does not attain to the place of justice? Even he who says: I take for myself, of my own freewill; but says not: I take by virtue of my authority. The limitations of justice are invariable; such is the instruction which every man receives from his father.

Be not arrogant because of that which you know; deal with the ignorant as with the learned; for the barriers of art are not closed, no artist being in possession of the perfection to which he should aspire. But good words are more difficult to find than the emerald, for it is by slaves that that is discovered among the rocks of pegmatite.

Inspire not men with fear, else Ptah will fight against you in the same manner. If any one asserts that he lives by such means, Ptah will take away the bread from his mouth; if any one asserts that he enriches himself thereby, Ptah says: I may take those riches to myself. If any one asserts that he beats others, Ptah will end by reducing him to impotence. Let no one inspire men with fear; this is the will of Ptah. Let one provide sustenance for them in the lap of peace; it will then be that they will freely give what has been torn from them by terror.

If you find a disputant while he is hot, and if he is superior to you in ability, lower the hands, bend the back, do not get into a passion with him. As he will not let you destroy his words, it is utterly wrong to interrupt him; that proclaims that you are incapable of keeping yourself calm, when you are contradicted. If then you have to do with a disputant while he is hot, imitate one who does not stir. You have the advantage over him if you keep silence when he is uttering evil words. "The better of the two is he who is impassive," say the bystanders, and you are right in the opinion of the great.

If you are among the persons seated at meat in the house of a greater man than yourself, take that which he gives you, bowing to the ground. Regard that which is placed before you, but point not at it; regard it not frequently; he is a blameworthy person who

If you find a disputant while he is hot, do not despise him because you are not of the same opinion. Be not angry against him when he is wrong; away with such a thing. 32

Ancient History Reader departs from this rule. Speak not to the great man more than he requires, for one knows not what may be displeasing to him. Speak when he invites you and your worth will be pleasing. As for the great man who has plenty of means of existence, his conduct is as he himself wishes. He does that which pleases him; if he desires to repose, he realizes his intention. The great man stretching forth his hand does that to which other men do not attain. But as the means of existence are under the will of Ptah, one can not rebel against it.

heart against him. As you know that in him is authority, be respectful toward him as belonging to him. Wealth comes only at Ptah's own good-will, and his caprice only is the law; as for him who . . Ptah, who has created his superiority, turns himself from him and he is overthrown. Be active during the time of your existence, do no more than is commanded. Do not spoil the time of your activity; he is a blameworthy person who makes a bad use of his moments. Do not lose the daily opportunity of increasing that which your house possesses. Activity produces riches, and riches do not endure when it slackens.

If you are one of those who bring the messages of one great man to another, conform yourself exactly to that wherewith he has charged you; perform for him the commission as he has enjoined you. Beware of altering in speaking the offensive words which one great person addresses to another; he who perverts the trustfulness of his way, in order to repeat only what produces pleasure in the words of every man, great or small, is a detestable person.

If you are a wise man, bring up a son who shall be pleasing to Ptah. If he conforms his conduct to your way and occupies himself with your affairs as is right, do to him all the good you can; he is your son, a person attached to you whom your own self has begotten. Separate not your heart from him.... But if he conducts himself ill and transgresses your wish, if he rejects all counsel, if his mouth goes according to the evil word, strike him on the mouth in return. Give orders without hesitation to those who do wrong, to him whose temper is turbulent; and he will not deviate from the straight path, and there will be no obstacle to interrupt the way.

If you are a farmer, gather the crops in the field which the great Ptah has given you, do not boast in the house of your neighbors; it is better to make oneself dreaded by one's deeds. As for him who, master of his own way of acting, being all-powerful, seizes the goods of others like a crocodile in the midst even of watchment, his children are an object of malediction, of scorn, and of hatred on account of it, while his father is grievously distressed, and as for the mother who has borne him, happy is another rather than herself. But a man becomes a god when he is chief of a tribe which has confidence in following him.

If you are employed in the larit, stand or sit rather than walk about. Lay down rules for yourself from the first: not to absent yourself even when weariness overtakes you. Keep an eye on him who enters announcing that what he asks is secret; what is entrusted to you is above appreciation, and all contrary argument is a matter to be rejected. He is a god who penetrates into a place where no relaxation of the rules is made for the privileged.

If you abase yourself in obeying a superior, your conduct is entirely good before Ptah. Knowing who you ought to obey and who you ought to command, do not lift up your 33

Ancient History Reader If you are with people who display for you an extreme affection, saying: "Aspiration of my heart, aspiration of my heart, where there is no remedy! That which is said in your heart, let it be realized by springing up spontaneously. Sovereign master, I give myself to your opinion. Your name is approved without speaking. Your body is full of vigor, your face is above your neighbors." If then you are accustomed to this excess of flattery, and there be an obstacle to you in your desires, then your impulse is to obey your passion. But he who . . . according to his caprice, his soul is . . ., his body is . . . While the man who is master of his soul is superior to those whom Ptah has loaded with his gifts; the man who obeys his passion is under the power of his wife.

was done, instead of complaining of the injury itself let it not be! The way to obtain a clear explanation is to listen with kindness. If you desire to excite respect within the house you enter, for example the house of a superior, a friend, or any person of consideration, in short everywhere where you enter, keep yourself from making advances to a woman, for there is nothing good in so doing. There is no prudence in taking part in it, and thousands of men destroy themselves in order to enjoy a moment, brief as a dream, while they gain death, so as to know it. It is a villainous intention, that of a man who thus excites himself; if he goes on to carry it out, his mind abandons him. For as for him who is without repugnance for such an act, there is no good sense at all in him.

Declare your line of conduct without reticence; give your opinion in the council of your lord; while there are people who turn back upon their own words when they speak, so as not to offend him who has put forward a statement, and answer not in this fashion: "He is the great man who will recognize the error of another; and when he shall raise his voice to oppose the other about it he will keep silence after what I have said."

If you desire that your conduct should be good and preserved from all evil, keep yourself from every attack of bad humor. It is a fatal malady which leads to discord, and there is no longer any existence for him who gives way to it. For it introduces discord between fathers and mothers, as well as between brothers and sisters; it causes the wife and the husband to hate each other; it contains all kinds of wickedness, it embodies all kinds of wrong. When a man has established his just equilibrium and walks in this path, there where he makes his dwelling, there is no room for bad humor.

If you are a leader, setting forward your plans according to that which you decide, perform perfect actions which posterity may remember, without letting the words prevail with you which multiply flattery, which excite pride and produce vanity.

Be not of an irritable temper as regards that which happens at your side; grumble not over your own affairs. Be not of an irritable temper in regard to your neighbors; better is a compliment to that which displeases than rudeness. It is wrong to get into a passion with one's neighbors, to be no longer master of one's words. When there is only a little irritation, one creates for oneself an

If you are a leader of peace, listen to the discourse of the petitioner. Be not abrupt with him; that would trouble him. Say not to him: "You have already recounted this." Indulgence will encourage him to accomplish the object of his coming. As for being abrupt with the complainant because he described what passed when the injury 34

Ancient History Reader affliction for the time when one will again be cool.

which can be brought against you. To speak in the council is an art, and speech is criticized more than any other labor; it is contradiction which puts it to the proof.

If you are wise, look after your house; love your wife without alloy. Fill her stomach, clothe her back; these are the cares to be bestowed on her person. Caress her, fulfil her desires during the time of her existence; it is a kindness which does honor to its possessor. Be not brutal; tact will influence her better than violence; her . . . behold to what she aspires, at what she aims, what she regards. It is that which fixes her in your house; if you repel her, it is an abyss. Open your arms for her, respond to her arms; call her, display to her your love.

If you are powerful, respect knowledge and calmness of language. Command only to direct; to be absolute is to run into evil. Let not your heart be haughty, neither let it be mean. Do not let your orders remain unsaid and cause your answers to penetrate; but speak without heat, assume a serious countenance. As for the vivacity of an ardent heart, temper it; the gentle man penetrates all obstacles. He who agitates himself all the day long has not a good moment; and he who amuses himself all the day long keeps not his fortune. Aim at fulness like pilots; once one is seated another works, and seeks to obey one's orders.

Treat your dependents well, in so far as it belongs to you to do so; and it belongs to those whom Ptah has favored. If any one fails in treating his dependents well it is said: "He is a person . . ." As we do not know the events which may happen tomorrow, he is a wise person by whom one is well treated. When there comes the necessity of showing zeal, it will then be the dependents themselves who say: "Come on, come on," if good treatment has not quitted the place; if it has quitted it, the dependents are defaulters.

Disturb not a great man; weaken not the attention of him who is occupied. His care is to embrace his task, and he strips his person through the love which he puts into it. That transports men to Ptah, even the love for the work which they accomplish. Compose then your face even in trouble, that peace may be with you, when agitation is with . . .These are the people who succeed in what they desire.

Do not repeat any extravagance of language; do not listen to it; it is a thing which has escaped from a hasty mouth. If it is repeated, look, without hearing it, toward the earth; say nothing in regard to it. Cause him who speaks to you to know what is just, even him who provokes to injustice; cause that which is just to be done, cause it to triumph. As for that which is hateful according to the law, condemn it by unveiling it.

Teach others to render homage to a great man. If you gather the crop for him among men, cause it to return fully to its owner, at whose hands is your subsistence. But the gift of affection is worth more than the provisions with which your back is covered. For that which the great man receives from you will enable your house to live, without speaking of the maintenance you enjoy, which you desire to preserve; it is thereby that he extends a beneficent hand, and that in your home good things are added to good things. Let your love pass into the heart of

If you are a wise man, sitting in the council of your lord, direct your thought toward that which is wise. Be silent rather than scatter your words. When you speak, know that 35

Ancient History Reader those who love you; cause those about you to be loving and obedient.

Do not make . . . you know that there are obstacles to the water which comes to its hinder part, and that there is no trickling of that which is in its bosom. Let it not . . . after having corrupted his heart.

If you are a son of the guardians deputed to watch over the public tranquillity, execute your commission without knowing its meaning, and speak with firmness. Substitute not for that which the instructor has said what you believe to be his intention; the great use words as it suits them. Your part is to transmit rather than to comment upon.

If you aim at polished manners, call not him whom you accost. Converse with him especially in such a way as not to annoy him. Enter on a discussion with him only after having left him time to saturate his mind with the subject of the conversation. If he lets his ignorance display itself, and if he gives you all opportunity to disgrace him, treat him with courtesy rather; proceed not to drive him into a corner; do not . . . the word to him; answer not in a crushing manner; crush him not; worry him not; in order that in his turn he may not return to the subject, but depart to the profit of your conversation.

If you are annoyed at a thing, if you are tormented by someone who is acting within his right, get out of his sight, and remember him no more when he has ceased to address you. If you have become great after having been little, if you have become rich after having been poor, when you are at the head of the city, know how not to take advantage of the fact that you have reached the first rank, harden not your heart because of your elevation; you are become only the administrator, the prefect, of the provisions which belong to Ptah. Put not behind you the neighbor who is like you; be unto him as a companion.

Let your countenance be cheerful during the time of your existence. When we see one departing from the storehouse who has entered in order to bring his share of provision, with his face contracted, it shows that his stomach is empty and that authority is offensive to him. Let not that happen to you; it is . . .

Bend your back before your superior. You are attached to the palace of the king; your house is established in its fortune, and your profits are as is fitting. Yet a man is annoyed at having an authority above himself, and passes the period of life in being vexed thereat. Although that hurts not your . . . Do not plunder the house of your neighbors, seize not by force the goods which are beside you. Exclaim not then against that which you hear, and do not feel humiliated. It is necessary to reflect when one is hindered by it that the pressure of authority is felt also by one's neighbor.

Know those who are faithful to you when you are in low estate. Your merit then is worth more than those who did you honor. His . . ., behold that which a man possesses completely. That is of more importance than his high rank; for this is a matter which passes from one to another. The merit of one's son is advantageous to the father, and that which he really is, is worth more than the remembrance of his father's rank. Distinguish the superintendent who directs from the workman, for manual labor is little elevated; the inaction of the hands is honorable. If a man is not in the evil way, 36

Ancient History Reader that which places him there is the want of subordination to authority.

attended. To attend is worth more than anything else, for it produces love, the good thing that is twice good. The son who accepts the instruction of his father will grow old on that account. What Ptah loves is that one should attend; if one attends not, it is abhorrent to Ptah. The heart makes itself its own master when it attends and when it does not attend; but if it attends, then his heart is a beneficent master to a man. In attending to instruction, a man loves what he attends to, and to do that which is prescribed is pleasant. When a son attends to his father, it is a twofold joy for both; when wise things are prescribed to him, the son is gentle toward his master. Attending to him who has attended when such things have been prescribed to him, he engraves upon his heart that which is approved by his father; and the recollection of it is preserved in the mouth of the living who exist upon this earth.

If you take a wife, do not . . . Let her be more contented than any of her fellowcitizens. She will be attached to you doubly, if her chain is pleasant. Do not repel her; grant that which pleases her; it is to her contentment that she appreciates your work. If you hear those things which I have said to you, your wisdom will be fully advanced. Although they are the means which are suitable for arriving at the maat, and it is that which makes them precious, their memory would recede from the mouth of men. But thanks to the beauty of their arrangement in rhythm all their words will now be carried without alteration over this earth eternally. That will create a canvass to be embellished, whereof the great will speak, in order to instruct men in its sayings. After having listened to them the pupil will become a master, even he who shall have properly listened to the sayings because he shall have heard them. Let him win success by placing himself in the first rank; that is for him a position perfect and durable, and he has nothing further to desire forever. By knowledge his path is assured, and he is made happy by it on the earth. The wise man is satiated by knowledge; he is a great man through his own merits. His tongue is in accord with his mind; just are his lips when he speaks, his eyes when he gazes, his ears when he hears. The advantage of his son is to do that which is just without deceiving himself.

When a son receives the instruction of his father there is no error in all his plans. Train your son to be a teachable man whose wisdom is agreeable to the great. Let him direct his mouth according to that which has been said to him; in the docility of a son is discovered his wisdom. His conduct is perfect while error carries away the unteachable. Tomorrow knowledge will support him, while the ignorant will be destroyed. As for the man without experience who listens not, he effects nothing whatsoever. He sees knowledge in ignorance, profit in loss; he commits all kinds of error, always accordingly choosing the contrary of what is praiseworthy. He lives on that which is mortal, in this fashion. His food is evil words, whereat he is filled with astonishment. That which the great know to be mortal he lives upon every day, flying

To attend therefore profits the son of him who has attended. To attend is the result of the fact that one has attended. A teachable auditor is formed, because I have attended. Good when he has attended, good when he speaks, he who has attended has profited, and it is profitable to attend to him who has 37

Ancient History Reader from that which would be profitable to him, because of the multitude of errors which present themselves before him every day.

Do that which your master bids you. Twice good is the precept of his father, from whom he has issued, from his flesh. What he tells us, let it be fixed in our heart; to satisfy him greatly let us do for him more than he has prescribed. Verily a good son is one of the gifts of Ptah, a son who does even better than he has been told to do. For his master he does what is satisfactory, putting himself with all his heart on the part of right. So I shall bring it about that your body shall be healthful, that the Pharaoh shall be satisfied with you in all circumstances and that you shall obtain years of life without default. It has caused me on earth to obtain one hundred and ten years of life, along with the gift of the favor of the Pharoah among the first of those whom their works have ennobled, satisfying the Pharoah in a place of dignity.

A son who attends is like a follower of Horus; he is happy after having attended. He becomes great, he arrives at dignity, he gives the same lesson to his children. Let none innovate upon the precepts of his father; let the same precepts form his lessons to his children. "Verily," will his children say to him, "to accomplish what you say works marvels." Cause therefore that to flourish which is just, in order to nourish your children with it. If the teachers allow themselves to be led toward evil principles, verily the people who understand them not will speak accordingly, and that being said to those who are docile they will act accordingly. Then all the world considers them as masters and they inspire confidence in the public; but their glory endures not so long as would please them. Take not away then a word from the ancient teaching, and add not one; put not one thing in place of another; beware of uncovering the rebellious ideas which arise in you; but teach according to the words of the wise. Attend if you wish to dwell in the mouth of those who shall attend to your words, when you have entered upon the office of master, that your words may be upon our lips . . . and that there may be a chair from which to deliver your arguments.

It is finished, from its beginning to its end, according to that which is found in writing.

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Let your thoughts be abundant, but let your mouth be under restraint, and you shall argue with the great. Put yourself in unison with the ways of your master; cause him to say: "He is my son," so that those who shall hear it shall say "Praise be to her who has borne him to him!" Apply yourself while you speak; speak only of perfect things; and let the great who shall hear you say: "Twice good is that which issues from his mouth!" 38

Ancient History Reader https://www.youtube.com/watch?v=L92iLo TS3Sg&feature=player_embedded INDIA PLEASE LISTEN TO THIS PODCAST :

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ARISTOTLE, THE ATHENIAN CONSTITUTION, SECTION 1 (http://classics.mit.edu/Aristotle/athenian_co nst.1.1.html)

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Part 1

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...[They were tried] by a court empanelled from among the noble families, and sworn upon the sacrifices. The part of accuser was taken by Myron. They were found guilty of the sacrilege, and their bodies were cast out of their graves and their race banished for evermore. In view of this expiation, Epimenides the Cretan performed a purification of the city. Part 2 After this event there was contention for a 39

Ancient History Reader long time between the upper classes and the populace. Not only was the constitution at this time oligarchical in every respect, but the poorer classes, men, women, and children, were the serfs of the rich. They were known as Pelatae and also as Hectemori, because they cultivated the lands of the rich at the rent thus indicated. The whole country was in the hands of a few persons, and if the tenants failed to pay their rent they were liable to be haled into slavery, and their children with them. All loans secured upon the debtor's person, a custom which prevailed until the time of Solon, who was the first to appear as the champion of the people. But the hardest and bitterest part of the constitution in the eyes of the masses was their state of serfdom. Not but what they were also discontented with every other feature of their lot; for, to speak generally, they had no part nor share in anything.

was invited to accept the post on an occasion of pressing need. The last of the three offices was that of the Archon, which most authorities state to have come into existence in the time of Medon. Others assign it to the time of Acastus, and adduce as proof the fact that the nine Archons swear to execute their oaths 'as in the days of Acastus,' which seems to suggest that it was in his time that the descendants of Codrus retired from the kingship in return for the prerogatives conferred upon the Archon. Whichever way it may be, the difference in date is small; but that it was the last of these magistracies to be created is shown by the fact that the Archon has no part in the ancestral sacrifices, as the King and the Polemarch have, but exclusively in those of later origin. So it is only at a comparatively late date that the office of Archon has become of great importance, through the dignity conferred by these later additions. The Thesmothetae were many years afterwards, when these offices had already become annual, with the object that they might publicly record all legal decisions, and act as guardians of them with a view to determining the issues between litigants. Accordingly their office, alone of those which have been mentioned, was never of more than annual duration.

Part 3 Now the ancient constitution, as it existed before the time of Draco, was organized as follows. The magistrates were elected according to qualifications of birth and wealth. At first they governed for life, but subsequently for terms of ten years. The first magistrates, both in date and in importance, were the King, the Polemarch, and the Archon. The earliest of these offices was that of the King, which existed from ancestral antiquity. To this was added, secondly, the office of Polemarch, on account of some of the kings proving feeble in war; for it was on this account that Ion

Such, then, is the relative chronological precedence of these offices. At that time the nine Archons did not all live together. The King occupied the building now known as the Boculium, near the Prytaneum, as may be seen from the fact that even to the present day the marriage of the King's wife to Dionysus takes place there. The Archon 40

Ancient History Reader lived in the Prytaneum, the Polemarch in the Epilyceum. The latter building was formerly called the Polemarcheum, but after Epilycus, during his term of office as Polemarch, had rebuilt it and fitted it up, it was called the Epilyceum. The Thesmothetae occupied the Thesmotheteum. In the time of Solon, however, they all came together into the Thesmotheteum. They had power to decide cases finally on their own authority, not, as now, merely to hold a preliminary hearing. Such then was the arrangement of the magistracies. The Council of Areopagus had as its constitutionally assigned duty the protection of the laws; but in point of fact it administered the greater and most important part of the government of the state, and inflicted personal punishments and fines summarily upon all who misbehaved themselves. This was the natural consequence of the facts that the Archons were elected under qualifications of birth and wealth, and that the Areopagus was composed of those who had served as Archons; for which latter reason the membership of the Areopagus is the only office which has continued to be a lifemagistracy to the present day.

elected by this body from persons possessing an unencumbered property of not less than ten minas, the less important officials from those who could furnish themselves with a military equipment, and the generals [Strategi] and commanders of the cavalry [Hipparchi] from those who could show an unencumbered property of not less than a hundred minas, and had children born in lawful wedlock over ten years of age. These officers were required to hold to bail the Prytanes, the Strategi, and the Hipparchi of the preceding year until their accounts had been audited, taking four securities of the same class as that to which the Strategi and the Hipparchi belonged. There was also to be a Council, consisting of four hundred and one members, elected by lot from among those who possessed the franchise. Both for this and for the other magistracies the lot was cast among those who were over thirty years of age; and no one might hold office twice until every one else had had his turn, after which they were to cast the lot afresh. If any member of the Council failed to attend when there was a sitting of the Council or of the Assembly, he paid a fine, to the amount of three drachmas if he was a Pentacosiomedimnus, two if he was a Knight, and One if he was a Zeugites. The Council of Areopagus was guardian of the laws, and kept watch over the magistrates to see that they executed their offices in accordance with the laws. Any person who felt himself wronged might lay an information before the Council of Areopagus, on declaring what law was broken by the wrong done to him. But, as has been said before, loans were secured

Part 4 Such was, in outline, the first constitution, but not very long after the events above recorded, in the archonship of Aristaichmus, Draco enacted his ordinances. Now his constitution had the following form. The franchise was given to all who could furnish themselves with a military equipment. The nine Archons and the Treasurers were 41

Ancient History Reader upon the persons of the debtors, and the land was in the hands of a few.

Let the heart that is great within you be trained a lowlier way; Ye shall not have all at your will, and we will not for ever obey.

Part 5 Since such, then, was the organization of the constitution, and the many were in slavery to the few, the people rose against the upper class. The strife was keen, and for a long time the two parties were ranged in hostile camps against one another, till at last, by common consent, they appointed Solon to be mediator and Archon, and committed the whole constitution to his hands. The immediate occasion of his appointment was his poem, which begins with the words:

Indeed, he constantly fastens the blame of the conflict on the rich; and accordingly at the beginning of the poem he says that he fears 'the love of wealth and an overweening mind', evidently meaning that it was through these that the quarrel arose. Part 6 As soon as he was at the head of affairs, Solon liberated the people once and for all, by prohibiting all loans on the security of the debtor's person: and in addition he made laws by which he cancelled all debts, public and private. This measure is commonly called the Seisachtheia [= removal of burdens], since thereby the people had their loads removed from them. In connexion with it some persons try to traduce the character of Solon. It so happened that, when he was about to enact the Seisachtheia, he communicated his intention to some members of the upper class, whereupon, as the partisans of the popular party say, his friends stole a march on him; while those who wish to attack his character maintain that he too had a share in the fraud himself. For these persons borrowed money and bought up a large amount of land, and so when, a short time afterwards, all debts were cancelled, they became wealthy; and this, they say, was the origin of the families which were afterwards looked on as having been wealthy from primeval times.

I behold, and within my heart deep sadness has claimed its place, As I mark the oldest home of the ancient Ionian race Slain by the sword. In this poem he fights and disputes on behalf of each party in turn against the other, and finally he advises them to come to terms and put an end to the quarrel existing between them. By birth and reputation Solon was one of the foremost men of the day, but in wealth and position he was of the middle class, as is generally agreed, and is, indeed, established by his own evidence in these poems, where he exhorts the wealthy not to be grasping. But ye who have store of good, who are sated and overflow, Restrain your swelling soul, and still it and keep it low: 42

Ancient History Reader However, the story of the popular party is by far the most probable. A man who was so moderate and public-spirited in all his other actions, that when it was within his power to put his fellow-citizens beneath his feet and establish himself as tyrant, he preferred instead to incur the hostility of both parties by placing his honour and the general welfare above his personal aggrandisement, is not likely to have consented to defile his hands by such a petty and palpable fraud. That he had this absolute power is, in the first place, indicated by the desperate condition the country; moreover, he mentions it himself repeatedly in his poems, and it is universally admitted. We are therefore bound to consider this accusation to be false.

magistracies, namely, the nine Archons, the Treasurers, the Commissioners for Public Contracts (Poletae), the Eleven, and Clerks (Colacretae), he assigned to the Pentacosiomedimni, the Knights, and the Zeugitae, giving offices to each class in proportion to the value of their rateable property. To who ranked among the Thetes he gave nothing but a place in the Assembly and in the juries. A man had to rank as a Pentacosiomedimnus if he made, from his own land, five hundred measures, whether liquid or solid. Those ranked as Knights who made three hundred measures, or, as some say, those who were able to maintain a horse. In support of the latter definition they adduce the name of the class, which may be supposed to be derived from this fact, and also some votive offerings of early times; for in the Acropolis there is a votive offering, a statue of Diphilus, bearing this inscription:

Part 7 Next Solon drew up a constitution and enacted new laws; and the ordinances of Draco ceased to be used, with the exception of those relating to murder. The laws were inscribed on the wooden stands, and set up in the King's Porch, and all swore to obey them; and the nine Archons made oath upon the stone, declaring that they would dedicate a golden statue if they should transgress any of them. This is the origin of the oath to that effect which they take to the present day. Solon ratified his laws for a hundred years; and the following was the fashion in which he organized the constitution. He divided the population according to property into four classes, just as it had been divided before, namely, Pentacosiomedimni, Knights, Zeugitae, and Thetes. The various

The son of Diphilus, Athenion hight, Raised from the Thetes and become a knight, Did to the gods this sculptured charger bring, For his promotion a thank-offering. And a horse stands in evidence beside the man, implying that this was what was meant by belonging to the rank of Knight. At the same time it seems reasonable to suppose that this class, like the Pentacosiomedimni, was defined by the possession of an income of a certain number of measures. Those ranked as Zeugitae who made two hundred measures, liquid or solid; and the rest ranked as Thetes, and were not eligible for any 43

Ancient History Reader office. Hence it is that even at the present day, when a candidate for any office is asked to what class he belongs, no one would think of saying that he belonged to the Thetes.

the Council of the Areopagus the duty of superintending the laws, acting as before as the guardian of the constitution in general. It kept watch over the affairs of the state in most of the more important matters, and corrected offenders, with full powers to inflict either fines or personal punishment. The money received in fines it brought up into the Acropolis, without assigning the reason for the mulct. It also tried those who conspired for the overthrow of the state, Solon having enacted a process of impeachment to deal with such offenders. Further, since he saw the state often engaged in internal disputes, while many of the citizens from sheer indifference accepted whatever might turn up, he made a law with express reference to such persons, enacting that any one who, in a time civil factions, did not take up arms with either party, should lose his rights as a citizen and cease to have any part in the state.

Part 8 The elections to the various offices Solon enacted should be by lot, out of candidates selected by each of the tribes. Each tribe selected ten candidates for the nine archonships, and among these the lot was cast. Hence it is still the custom for each tribe to choose ten candidates by lot, and then the lot is again cast among these. A proof that Solon regulated the elections to office according to the property classes may be found in the law still in force with regard to the Treasurers, which enacts that they shall be chosen from the Pentacosiomedimni. Such was Solon's legislation with respect to the nine Archons; whereas in early times the Council of Areopagus summoned suitable persons according to its own judgement and appointed them for the year to the several offices. There were four tribes, as before, and four tribe-kings. Each tribe was divided into three Trittyes [=Thirds], with twelve Naucraries in each; and the Naucraries had officers of their own, called Naucrari, whose duty it was to superintend the current receipts and expenditure. Hence, among the laws of Solon now obsolete, it is repeatedly written that the Naucrari are to receive and to spend out of the Naucraric fund. Solon also appointed a Council of four hundred, a hundred from each tribe; but he assigned to

Part 9 Such, then, was his legislation concerning the magistracies. There are three points in the constitution of Solon which appear to be its most democratic features: first and most important, the prohibition of loans on the security of the debtor's person; secondly, the right of every person who so willed to claim redress on behalf of any one to whom wrong was being done; thirdly, the institution of the appeal to the jurycourts; and it is to this last, they say, that the masses have owed their strength most of all, since, when the democracy is master of the voting-power, it is master of the constitution. Moreover, 44

Ancient History Reader since the laws were not drawn up in simple and explicit terms (but like the one concerning inheritances and wards of state), disputes inevitably occurred, and the courts had to decide in every matter, whether public or private. Some persons in fact believe that Solon deliberately made the laws indefinite, in order that the final decision might be in the hands of the people. This, however, is not probable, and the reason no doubt was that it is impossible to attain ideal perfection when framing a law in general terms; for we must judge of his intentions, not from the actual results in the present day, but from the general tenor of the rest of his legislation.

the constitution in the manner that has been described, he found himself beset by people coming to him and harassing him concerning his laws, criticizing here and questioning there, till, as he wished neither to alter what he had decided on nor yet to be an object of ill will to every one by remaining in Athens, he set off on a journey to Egypt, with the combined objects of trade and travel, giving out that he should not return for ten years. He considered that there was no call for him to expound the laws personally, but that every one should obey them just as they were written. Moreover, his position at this time was unpleasant. Many members of the upper class had been estranged from him on account of his abolition of debts, and both parties were alienated through their disappointment at the condition of things which he had created. The mass of the people had expected him to make a complete redistribution of all property, and the upper class hoped he would restore everything to its former position, or, at any rate, make but a small change. Solon, however, had resisted both classes. He might have made himself a despot by attaching himself to whichever party he chose, but he preferred, though at the cost of incurring the enmity of both, to be the saviour of his country and the ideal lawgiver.

Part 10 These seem to be the democratic features of his laws; but in addition, before the period of his legislation, he carried through his abolition of debts, and after it his increase in the standards of weights and measures, and of the currency. During his administration the measures were made larger than those of Pheidon, and the mina, which previously had a standard of seventy drachmas, was raised to the full hundred. The standard coin in earlier times was the two-drachma piece. He also made weights corresponding with the coinage, sixty-three minas going to the talent; and the odd three minas were distributed among the staters and the other values.

Part 12 The truth of this view of Solon's policy is established alike by common consent, and by the mention he has himself made of the matter in his poems. Thus:

Part 11 When he had completed his organization of 45

Ancient History Reader flames upon me. Yet therein no justice lies. All I promised, fully wrought I with the gods at hand to cheer, Naught beyond in folly ventured. Never to my soul was dear With a tyrant's force to govern, nor to see the good and base Side by side in equal portion share the rich home of our race.

I gave to the mass of the people such rank as befitted their need, I took not away their honour, and I granted naught to their greed; While those who were rich in power, who in wealth were glorious and great, I bethought me that naught should befall them unworthy their splendour and state; So I stood with my shield outstretched, and both were sale in its sight, And I would not that either should triumph, when the triumph was not with right.

Once more he speaks of the abolition of debts and of those who before were in servitude, but were released owing to the Seisachtheia: Of all the aims for which I summoned forth The people, was there one I compassed not? Thou, when slow time brings justice in its train, O mighty mother of the Olympian gods, Dark Earth, thou best canst witness, from whose breast I swept the pillars broadcast planted there, And made thee free, who hadst been slave of yore. And many a man whom fraud or law had sold For from his god-built land, an outcast slave, I brought again to Athens; yea, and some, Exiles from home through debt's oppressive load, Speaking no more the dear Athenian tongue, But wandering far and wide, I brought again; And those that here in vilest slavery Crouched 'neath a master's frown, I set them free. Thus might and right were yoked in harmony, Since by the force of law I won my ends And kept my promise. Equal laws I gave

Again he declares how the mass of the people ought to be treated: But thus will the people best the voice of their leaders obey, When neither too slack is the rein, nor violence holdeth the sway; For indulgence breedeth a child, the presumption that spurns control, When riches too great are poured upon men of unbalanced soul. And again elsewhere he speaks about the persons who wished to redistribute the land: So they came in search of plunder, and their cravings knew no hound, Every one among them deeming endless wealth would here be found. And that I with glozing smoothness hid a cruel mind within. Fondly then and vainly dreamt they; now they raise an angry din, And they glare askance in anger, and the light within their eyes Burns with hostile 46

Ancient History Reader To evil and to good, with even hand Drawing straight justice for the lot of each. But had another held the goad as One in whose heart was guile and greediness, He had not kept the people back from strife. For had I granted, now what pleased the one, Then what their foes devised in counterpoise, Of many a man this state had been bereft. Therefore I showed my might on every side, Turning at bay like wolf among the hounds.

government they were unable to elect an Archon on account of their dissensions, and again four years later they elected no Archon for the same reason. Subsequently, after a similar period had elapsed, Damasias was elected Archon; and he governed for two years and two months, until he was forcibly expelled from his office. After this, it was agreed, as a compromise, to elect ten Archons, five from the Eupatridae, three from the Agroeci, and two from the Demiurgi, and they ruled for the year following Damasias. It is clear from this that the Archon was at the time the magistrate who possessed the greatest power, since it is always in connexion with this office that conflicts are seen to arise. But altogether they were in a continual state of internal disorder. Some found the cause and justification of their discontent in the abolition of debts, because thereby they had been reduced to poverty; others were dissatisfied with the political constitution, because it had undergone a revolutionary change; while with others the motive was found in personal rivalries among themselves. The parties at this time were three in number. First there was the party of the Shore, led by Megacles the son of Alcmeon, which was considered to aim at a moderate form of government; then there were the men of the Plain, who desired an oligarchy and were led by Lycurgus; and thirdly there were the men of the Highlands, at the head of whom was Pisistratus, who was looked on as an extreme democrat. This latter party was reinforced by those who had been deprived of the debts due to them, from motives of poverty, and by those who were

And again he reviles both parties for their grumblings in the times that followed: Nay, if one must lay blame where blame is due, Wer't not for me, the people ne'er had set Their eyes upon these blessings e'en in dreams:While greater men, the men of wealthier life, Should praise me and should court me as their friend. For had any other man, he says, received this exalted post, He had not kept the people hack, nor ceased Til he had robbed the richness of the milk. But I stood forth a landmark in the midst, And barred the foes from battle. Part 13 Such then, were Solon's reasons for his departure from the country. After his retirement the city was still torn by divisions. For four years, indeed, they lived in peace; but in the fifth year after Solon's 47

Ancient History Reader esteem; that what is good and useful may be brought to light. And let no one suppose that in seeking for something beyond them we are anxious to make a sophistical display at any cost; we only undertake this inquiry because all the constitutions with which we are acquainted are faulty.

not of pure descent, from motives of personal apprehension. A proof of this is seen in the fact that after the tyranny was overthrown a revision was made of the citizen-roll, on the ground that many persons were partaking in the franchise without having a right to it. The names given to the respective parties were derived from the districts in which they held their lands.

We will begin with the natural beginning of the subject. Three alternatives are conceivable: The members of a state must either have (1) all things or (2) nothing in common, or (3) some things in common and some not. That they should have nothing in common is clearly impossible, for the constitution is a community, and must at any rate have a common place -- one city will be in one place, and the citizens are those who share in that one city. But should a well ordered state have all things, as far as may be, in common, or some only and not others? For the citizens might conceivably have wives and children and property in common, as Socrates proposes in the Republic of Plato. Which is better, our present condition, or the proposed new order of society.

ARISTOTLE, POLITICS, BOOK 2 BOOK TWO

II There are many difficulties in the community of women. And the principle on which Socrates rests the necessity of such an institution evidently is not established by his arguments. Further, as a means to the end which he ascribes to the state, the scheme, taken literally is impracticable, and how we are to interpret it is nowhere precisely stated. I am speaking of the premise from which the argument of Socrates proceeds, 'that the greater the unity of the state the better.' Is it not obvious that a state may at length attain such a degree of unity as to be no longer a state? since the nature of a state is to be a

I (http://www.sacredtexts.com/cla/ari/pol/pol02.htm ) OUR PURPOSE is to consider what form of political community is best of all for those who are most able to realize their ideal of life. We must therefore examine not only this but other constitutions, both such as actually exist in well-governed states, and any theoretical forms which are held in 48

Ancient History Reader plurality, and in tending to greater unity, from being a state, it becomes a family, and from being a family, an individual; for the family may be said to be more than the state, and the individual than the family. So that we ought not to attain this greatest unity even if we could, for it would be the destruction of the state. Again, a state is not made up only of so many men, but of different kinds of men; for similars do not constitute a state. It is not like a military alliance The usefulness of the latter depends upon its quantity even where there is no difference in quality (for mutual protection is the end aimed at), just as a greater weight of anything is more useful than a less (in like manner, a state differs from a nation, when the nation has not its population organized in villages, but lives an Arcadian sort of life); but the elements out of which a unity is to be formed differ in kind. Wherefore the principle of compensation, as I have already remarked in the Ethics, is the salvation of states. Even among freemen and equals this is a principle which must be maintained, for they cannot an rule together, but must change at the end of a year or some other period of time or in some order of succession. The result is that upon this plan they all govern; just as if shoemakers and carpenters were to exchange their occupations, and the same persons did not always continue shoemakers and carpenters. And since it is better that this should be so in politics as well, it is clear that while there should be continuance of the same persons in power where this is possible, yet where this is not possible by reason of the natural equality of the citizens, and at the same time it is just that an should share in the government (whether to govern be a good thing or a bad), an approximation to this is that equals should in turn retire from office and should, apart from official position, be treated alike. Thus the one party rule and the

others are ruled in turn, as if they were no longer the same persons. In like manner when they hold office there is a variety in the offices held. Hence it is evident that a city is not by nature one in that sense which some persons affirm; and that what is said to be the greatest good of cities is in reality their destruction; but surely the good of things must be that which preserves them. Again, in another point of view, this extreme unification of the state is clearly not good; for a family is more self-sufficing than an individual, and a city than a family, and a city only comes into being when the community is large enough to be selfsufficing. If then self-sufficiency is to be desired, the lesser degree of unity is more desirable than the greater. III But, even supposing that it were best for the community to have the greatest degree of unity, this unity is by no means proved to follow from the fact 'of all men saying "mine" and "not mine" at the same instant of time,' which, according to Socrates, is the sign of perfect unity in a state. For the word 'all' is ambiguous. If the meaning be that every individual says 'mine' and 'not mine' at the same time, then perhaps the result at which Socrates aims may be in some degree accomplished; each man will call the same person his own son and the same person his wife, and so of his property and of all that falls to his lot. This, however, is not the way in which people would speak who had their had their wives and children in common; they would say 'all' but not 'each.' In like manner their property would be described as belonging to them, not severally but collectively. There is an obvious fallacy in the term 'all': like some other words, 'both,' 'odd,' 'even,' it is ambiguous, and even in 49

Ancient History Reader abstract argument becomes a source of logical puzzles. That all persons call the same thing mine in the sense in which each does so may be a fine thing, but it is impracticable; or if the words are taken in the other sense, such a unity in no way conduces to harmony. And there is another objection to the proposal. For that which is common to the greatest number has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest; and only when he is himself concerned as an individual. For besides other considerations, everybody is more inclined to neglect the duty which he expects another to fulfill; as in families many attendants are often less useful than a few. Each citizen will have a thousand sons who will not be his sons individually but anybody will be equally the son of anybody, and will therefore be neglected by all alike. Further, upon this principle, every one will use the word 'mine' of one who is prospering or the reverse, however small a fraction he may himself be of the whole number; the same boy will be 'so and so's son,' the son of each of the thousand, or whatever be the number of the citizens; and even about this he will not be positive; for it is impossible to know who chanced to have a child, or whether, if one came into existence, it has survived. But which is better -- for each to say 'mine' in this way, making a man the same relation to two thousand or ten thousand citizens, or to use the word 'mine' in the ordinary and more restricted sense? For usually the same person is called by one man his own son whom another calls his own brother or cousin or kinsman -- blood relation or connection by marriage either of himself or of some relation of his, and yet another his clansman or tribesman; and how much better is it to be the real cousin of somebody than to be a son after Plato's fashion! Nor is there any way of preventing

brothers and children and fathers and mothers from sometimes recognizing one another; for children are born like their parents, and they will necessarily be finding indications of their relationship to one another. Geographers declare such to be the fact; they say that in part of Upper Libya, where the women are common, nevertheless the children who are born are assigned to their respective fathers on the ground of their likeness. And some women, like the females of other animals -- for example, mares and cows -- have a strong tendency to produce offspring resembling their parents, as was the case with the Pharsalian mare called Honest. IV Other evils, against which it is not easy for the authors of such a community to guard, will be assaults and homicides, voluntary as well as involuntary, quarrels and slanders, all which are most unholy acts when committed against fathers and mothers and near relations, but not equally unholy when there is no relationship. Moreover, they are much more likely to occur if the relationship is unknown, and, when they have occurred, the customary expiations of them cannot be made. Again, how strange it is that Socrates, after having made the children common, should hinder lovers from carnal intercourse only, but should permit love and familiarities between father and son or between brother and brother, than which nothing can be more unseemly, since even without them love of this sort is improper. How strange, too, to forbid intercourse for no other reason than the violence of the pleasure, as though the relationship of father and son or of brothers with one another made no difference.

Ancient History Reader This community of wives and children seems better suited to the husbandmen than to the guardians, for if they have wives and children in common, they will be bound to one another by weaker ties, as a subject class should be, and they will remain obedient and not rebel. In a word, the result of such a law would be just the opposite of which good laws ought to have, and the intention of Socrates in making these regulations about women and children would defeat itself. For friendship we believe to be the greatest good of states and the preservative of them against revolutions; neither is there anything which Socrates so greatly lauds as the unity of the state which he and all the world declare to be created by friendship. But the unity which he commends would be like that of the lovers in the Symposium, who, as Aristophanes says, desire to grow together in the excess of their affection, and from being two to become one, in which case one or both would certainly perish. Whereas in a state having women and children common, love will be watery; and the father will certainly not say 'my son,' or the son 'my father.' As a little sweet wine mingled with a great deal of water is imperceptible in the mixture, so, in this sort of community, the idea of relationship which is based upon these names will be lost; there is no reason why the so-called father should care about the son, or the son about the father, or brothers about one another. Of the two qualities which chiefly inspire regard and affection -that a thing is your own and that it is your only one -- neither can exist in such a state as this.

transferrers cannot but know whom they are giving and transferring, and to whom. And the previously mentioned evils, such as assaults, unlawful loves, homicides, will happen more often amongst those who are transferred to the lower classes, or who have a place assigned to them among the guardians; for they will no longer call the members of the class they have left brothers, and children, and fathers, and mothers, and will not, therefore, be afraid of committing any crimes by reason of consanguinity. Touching the community of wives and children, let this be our conclusion. V Next let us consider what should be our arrangements about property: should the citizens of the perfect state have their possessions in common or not? This question may be discussed separately from the enactments about women and children. Even supposing that the women and children belong to individuals, according to the custom which is at present universal, may there not be an advantage in having and using possessions in common? Three cases are possible: (1) the soil may be appropriated, but the produce may be thrown for consumption into the common stock; and this is the practice of some nations. Or (2), the soil may be common, and may be cultivated in common, but the produce divided among individuals for their private use; this is a form of common property which is said to exist among certain barbarians. Or (3), the soil and the produce may be alike common.

Again, the transfer of children as soon as they are born from the rank of husbandmen or of artisans to that of guardians, and from the rank of guardians into a lower rank, will be very difficult to arrange; the givers or

When the husbandmen are not the owners, the case will be different and easier to deal with; but when they till the ground for themselves the question of ownership will 51

Ancient History Reader give a world of trouble. If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed there is always a difficulty in men living together and having all human relations in common, but especially in their having common property. The partnerships of fellowtravelers are an example to the point; for they generally fall out over everyday matters and quarrel about any trifle which turns up. So with servants: we are most able to take offense at those with whom we most we most frequently come into contact in daily life.

should be private, but the use of it common; and the special business of the legislator is to create in men this benevolent disposition. Again, how immeasurably greater is the pleasure, when a man feels a thing to be his own; for surely the love of self is a feeling implanted by nature and not given in vain, although selfishness is rightly censured; this, however, is not the mere love of self, but the love of self in excess, like the miser's love of money; for all, or almost all, men love money and other such objects in a measure. And further, there is the greatest pleasure in doing a kindness or service to friends or guests or companions, which can only be rendered when a man has private property. These advantages are lost by excessive unification of the state. The exhibition of two virtues, besides, is visibly annihilated in such a state: first, temperance towards women (for it is an honorable action to abstain from another's wife for temperance' sake); secondly, liberality in the matter of property. No one, when men have all things in common, will any longer set an example of liberality or do any liberal action; for liberality consists in the use which is made of property.

These are only some of the disadvantages which attend the community of property; the present arrangement, if improved as it might be by good customs and laws, would be far better, and would have the advantages of both systems. Property should be in a certain sense common, but, as a general rule, private; for, when everyone has a distinct interest, men will not complain of one another, and they will make more progress, because every one will be attending to his own business. And yet by reason of goodness, and in respect of use, 'Friends,' as the proverb says, 'will have all things common.' Even now there are traces of such a principle, showing that it is not impracticable, but, in well-ordered states, exists already to a certain extent and may be carried further. For, although every man has his own property, some things he will place at the disposal of his friends, while of others he shares the use with them. The Lacedaemonians, for example, use one another's slaves, and horses, and dogs, as if they were their own; and when they lack provisions on a journey, they appropriate what they find in the fields throughout the country. It is clearly better that property

Such legislation may have a specious appearance of benevolence; men readily listen to it, and are easily induced to believe that in some wonderful manner everybody will become everybody's friend, especially when some one is heard denouncing the evils now existing in states, suits about contracts, convictions for perjury, flatteries of rich men and the like, which are said to arise out of the possession of private property. These evils, however, are due to a very different cause -- the wickedness of human nature. Indeed, we see that there is much more quarrelling among those who have all things in common, though there are 52

Ancient History Reader not many of them when compared with the vast numbers who have private property.

guardians, a prohibition which the Lacedaemonians try to enforce already.

Again, we ought to reckon, not only the evils from which the citizens will be saved, but also the advantages which they will lose. The life which they are to lead appears to be quite impracticable. The error of Socrates must be attributed to the false notion of unity from which he starts. Unity there should be, both of the family and of the state, but in some respects only. For there is a point at which a state may attain such a degree of unity as to be no longer a state, or at which, without actually ceasing to exist, it will become an inferior state, like harmony passing into unison, or rhythm which has been reduced to a single foot. The state, as I was saying, is a plurality which should be united and made into a community by education; and it is strange that the author of a system of education which he thinks will make the state virtuous, should expect to improve his citizens by regulations of this sort, and not by philosophy or by customs and laws, like those which prevail at Sparta and Crete respecting common meals, whereby the legislator has made property common. Let us remember that we should not disregard the experience of ages; in the multitude of years these things, if they were good, would certainly not have been unknown; for almost everything has been found out, although sometimes they are not put together; in other cases men do not use the knowledge which they have. Great light would be thrown on this subject if we could see such a form of government in the actual process of construction; for the legislator could not form a state at all without distributing and dividing its constituents into associations for common meals, and into phratries and tribes. But all this legislation ends only in forbidding agriculture to the

But, indeed, Socrates has not said, nor is it easy to decide, what in such a community will be the general form of the state. The citizens who are not guardians are the majority, and about them nothing has been determined: are the husbandmen, too, to have their property in common? Or is each individual to have his own? And are the wives and children to be individual or common. If, like the guardians, they are to have all things in common, what do they differ from them, or what will they gain by submitting to their government? Or, upon what principle would they submit, unless indeed the governing class adopt the ingenious policy of the Cretans, who give their slaves the same institutions as their own, but forbid them gymnastic exercises and the possession of arms. If, on the other hand, the inferior classes are to be like other cities in respect of marriage and property, what will be the form of the community? Must it not contain two states in one, each hostile to the other He makes the guardians into a mere occupying garrison, while the husbandmen and artisans and the rest are the real citizens. But if so the suits and quarrels, and all the evils which Socrates affirms to exist in other states, will exist equally among them. He says indeed that, having so good an education, the citizens will not need many laws, for example laws about the city or about the markets; but then he confines his education to the guardians. Again, he makes the husbandmen owners of the property upon condition of their paying a tribute. But in that case they are likely to be much more unmanageable and conceited than the Helots, or Penestae, or slaves in general. And whether community of wives and property be necessary for the lower equally with the higher class or not, and the 53

Ancient History Reader questions akin to this, what will be the education, form of government, laws of the lower class, Socrates has nowhere determined: neither is it easy to discover this, nor is their character of small importance if the common life of the guardians is to be maintained.

VI The same, or nearly the same, objections apply to Plato's later work, the Laws, and therefore we had better examine briefly the constitution which is therein described. In the Republic, Socrates has definitely settled in all a few questions only; such as the community of women and children, the community of property, and the constitution of the state. The population is divided into two classes -- one of husbandmen, and the other of warriors; from this latter is taken a third class of counselors and rulers of the state. But Socrates has not determined whether the husbandmen and artisans are to have a share in the government, and whether they, too, are to carry arms and share in military service, or not. He certainly thinks that the women ought to share in the education of the guardians, and to fight by their side. The remainder of the work is filled up with digressions foreign to the main subject, and with discussions about the education of the guardians. In the Laws there is hardly anything but laws; not much is said about the constitution. This, which he had intended to make more of the ordinary type, he gradually brings round to the other or ideal form. For with the exception of the community of women and property, he supposes everything to be the same in both states; there is to be the same education; the citizens of both are to live free from servile occupations, and there are to be common meals in both. The only difference is that in the Laws, the common meals are extended to women, and the warriors number 5000, but in the Republic only 1000.

Again, if Socrates makes the women common, and retains private property, the men will see to the fields, but who will see to the house? And who will do so if the agricultural class have both their property and their wives in common? Once more: it is absurd to argue, from the analogy of the animals, that men and women should follow the same pursuits, for animals have not to manage a household. The government, too, as constituted by Socrates, contains elements of danger; for he makes the same persons always rule. And if this is often a cause of disturbance among the meaner sort, how much more among high-spirited warriors? But that the persons whom he makes rulers must be the same is evident; for the gold which the God mingles in the souls of men is not at one time given to one, at another time to another, but always to the same: as he says, 'God mingles gold in some, and silver in others, from their very birth; but brass and iron in those who are meant to be artisans and husbandmen.' Again, he deprives the guardians even of happiness, and says that the legislator ought to make the whole state happy. But the whole cannot be happy unless most, or all, or some of its parts enjoy happiness. In this respect happiness is not like the even principle in numbers, which may exist only in the whole, but in neither of the parts; not so happiness. And if the guardians are not happy, who are? Surely not the artisans, or the common people. The Republic of which Socrates discourses has all these difficulties, and others quite as great.

The discourses of Socrates are never commonplace; they always exhibit grace and originality and thought; but perfection in everything can hardly be expected. We must 54

Ancient History Reader not overlook the fact that the number of 5000 citizens, just now mentioned, will require a territory as large as Babylon, or some other huge site, if so many persons are to be supported in idleness, together with their women and attendants, who will be a multitude many times as great. In framing an ideal we may assume what we wish, but should avoid impossibilities.

too, in equalizing the property and not regulating the number of the citizens; the population is to remain unlimited, and he thinks that it will be sufficiently equalized by a certain number of marriages being unfruitful, however many are born to others, because he finds this to be the case in existing states. But greater care will be required than now; for among ourselves, whatever may be the number of citizens, the property is always distributed among them, and therefore no one is in want; but, if the property were incapable of division as in the Laws, the supernumeraries, whether few or many, would get nothing. One would have thought that it was even more necessary to limit population than property; and that the limit should be fixed by calculating the chances of mortality in the children, and of sterility in married persons. The neglect of this subject, which in existing states is so common, is a never-failing cause of poverty among the citizens; and poverty is the parent of revolution and crime. Pheidon the Corinthian, who was one of the most ardent legislators, thought that the families and the number of citizens ought to remain the same, although originally all the lots may have been of different sizes: but in the Laws the opposite principle is maintained. What in our opinion is the right arrangement will have to be explained hereafter.

It is said that the legislator ought to have his eye directed to two points -- the people and the country. But neighboring countries also must not be forgotten by him, firstly because the state for which he legislates is to have a political and not an isolated life. For a state must have such a military force as will be serviceable against her neighbors, and not merely useful at home. Even if the life of action is not admitted to be the best, either for individuals or states, still a city should be formidable to enemies, whether invading or retreating. There is another point: Should not the amount of property be defined in some way which differs from this by being clearer? For Socrates says that a man should have so much property as will enable him to live temperately, which is only a way of saying 'to live well'; this is too general a conception. Further, a man may live temperately and yet miserably. A better definition would be that a man must have so much property as will enable him to live not only temperately but liberally; if the two are parted, liberally will combine with luxury; temperance will be associated with toil. For liberality and temperance are the only eligible qualities which have to do with the use of property. A man cannot use property with mildness or courage, but temperately and liberally he may; and therefore the practice of these virtues is inseparable from property. There is an inconsistency, too, in

There is another omission in the Laws: Socrates does not tell us how the rulers differ from their subjects; he only says that they should be related as the warp and the woof, which are made out of different wools. He allows that a man's whole property may be increased fivefold, but why should not his land also increase to a certain extent? Again, will the good management of a household be promoted by his arrangement of homesteads? For he assigns to each individual two homesteads in separate 55

Ancient History Reader places, and it is difficult to live in two houses.

rest may do as they like, and the endeavor to have the greater number of the magistrates appointed out of the richer classes and the highest officers selected from those who have the greatest incomes, both these are oligarchical features. The oligarchical principle prevails also in the choice of the council, for all are compelled to choose, but the compulsion extends only to the choice out of the first class, and of an equal number out of the second class and out of the third class, but not in this latter case to all the voters but to those of the first three classes; and the selection of candidates out of the fourth class is only compulsory on the first and second. Then, from the persons so chosen, he says that there ought to be an equal number of each class selected. Thus a preponderance will be given to the better sort of people, who have the larger incomes, because many of the lower classes, not being compelled will not vote. These considerations, and others which will be adduced when the time comes for examining similar polities, tend to show that states like Plato's should not be composed of democracy and monarchy. There is also a danger in electing the magistrates out of a body who are themselves elected; for, if but a small number choose to combine, the elections will always go as they desire. Such is the constitution which is described in the Laws.

The whole system of government tends to be neither democracy nor oligarchy, but something in a mean between them, which is usually called a polity, and is composed of the heavy-armed soldiers. Now, if he intended to frame a constitution which would suit the greatest number of states, he was very likely right, but not if he meant to say that this constitutional form came nearest to his first or ideal state; for many would prefer the Lacedaemonian, or, possibly, some other more aristocratic government. Some, indeed, say that the best constitution is a combination of all existing forms, and they praise the Lacedaemonian because it is made up of oligarchy, monarchy, and democracy, the king forming the monarchy, and the council of elders the oligarchy while the democratic element is represented by the Ephors; for the Ephors are selected from the people. Others, however, declare the Ephoralty to be a tyranny, and find the element of democracy in the common meals and in the habits of daily life. In the Laws it is maintained that the best constitution is made up of democracy and tyranny, which are either not constitutions at all, or are the worst of all. But they are nearer the truth who combine many forms; for the constitution is better which is made up of more numerous elements. The constitution proposed in the Laws has no element of monarchy at all; it is nothing but oligarchy and democracy, leaning rather to oligarchy. This is seen in the mode of appointing magistrates; for although the appointment of them by lot from among those who have been already selected combines both elements, the way in which the rich are compelled by law to attend the assembly and vote for magistrates or discharge other political duties, while the

VII FRONTINUS, THE AQUADUCTS OF ROME, BOOK 1:1-23

(http://penelope.uchicago.edu/Thayer/E/Ro man/Texts/Frontinus/De_Aquis/text*.html )

Ancient History Reader 1. Inasmuch as every task assigned by the Emperor demands especial attention; and inasmuch as I am incited, not merely to diligence, but also to devotion, when any matter is entrusted to me, be it as a consequence of my natural sense of responsibility or of my fidelity; and inasmuch as Nerva Augustus (an emperor of whom I am at a loss to say whether he devotes more industry or love to the State) has laid upon me the duties of water commissioner, an office which concerns not merely the convenience but also the health and even the safety of the City, and which has always been administered by the most eminent men of our State; now therefore I deem it of the first and greatest importance to familiarize myself with the business I have undertaken, a policy which I have always made a principle in other affairs.

experience, I consulted the interests of my predecessors. The present treatise also may be found useful by my own successor, but it will serve especially for my own instruction and guidance, being prepared, as it is, at the beginning of my administration. 3. And lest I seem to have omitted anything requisite to a familiarity with the entire subject, I will first set down the names of the waters which enter the City of Rome; then I will tell by whom, under what consuls, and in what year after the founding of the City each one was brought in; then at what point and at what milestone each water was taken; how far each is carried in a subterranean channel, how far on substructures, how far on arches. Then I will give the elevation of each, [the plan] of the taps, and the distributions that are made from them; how much each aqueduct brings to points outside the City, what proportion to each quarter within the City; how many public reservoirs there are, and from these how much is delivered to public works, how much to ornamental fountains (munera, as the more polite call them), how much to the waterbasins; how much is granted in the name of Caesar; how much for private uses by the favour of the Emperor; what is the law with regard to the construction and maintenance of the aqueducts, what penalties enforce it, whether established by resolutions of the Senate or by edicts of the Emperors.

2. For I believe that there is no surer foundation for any business than this, and that it would be otherwise impossible to determine what ought to be done, what ought to be avoided; likewise that there is nothing so disgraceful for a decent man as to conduct an office delegated to him, according to the instructions of assistants. Yet precisely this is inevitable whenever a person inexperienced in the matter in hand has to have recourse to the practical knowledge of subordinates. For though the latter play a necessary r么le in the way of rendering assistance, yet they are, as it were, but the hands and tools of the directing head. Observing, therefore, the practice which I have followed in many offices, I have gathered in this sketch (into one systematic body, so to speak) such facts, hitherto scattered, as I have been able to get together, which bear on the general subject, and which might serve to guide me in my administration. Now in the case of other books which I have written after practical

4. For four hundred and forty-one years from the foundation of the City, the Romans were satisfied with the use of such waters as they drew from the Tiber, from wells, or from springs. Esteem for springs still continues, and is observed with veneration. They are believed to bring healing to the sick, as, for example, the springs of the Camenae, of Apollo, and of Juturna. But there now run into the City: the Appian 57

Ancient History Reader aqueduct, Old Anio, Marcia, Tepula, Julia, Virgo, Alsietina, which is also called Augusta, Claudia, New Anio.

Appia begins at the foot of the Publician Ascent, near the Porta Trigemina, at the place designated as the Salinae.

5. In the consulship of Marcus Valerius Maximus and Publius Decius Mus, in the thirtieth year after the beginning of the Samnite War, the Appian aqueduct was brought into the City by Appius Claudius Crassus, the Censor, who afterwards received the surname of "the Blind," the same man who had charge of constructing the Appian Way from the Porta Capena as far as the City of Capua. As colleague in the censorship Appius had Gaius Plautius, to whom was given the name of "the Hunter" for having discovered the springs of this water. But since Plautius resigned the censorship within a year and six months, under the mistaken impression that his colleague would do the same, the honour of giving his name to the aqueduct fell to Appius alone, who, by various subterfuges, is reported to have extended the term of his consulship, until he should complete both the Way and this aqueduct. The intake of the Appia is on the Lucullan estate, between the seventh and eighth milestones, on the Praenestine Way, on a cross-road, •780 paces to the left. From its intake to the Salinae at the Porta Trigemina, its channel has a length of •11,190 paces, of which •11,130 paces run underground, while above ground •sixty paces are carried on substructures and, near the Porta Capena, on arches. Near Spes Vetus, on the edge of the Torquatian and Epaphroditian Gardens, there joins it a branch of Augusta, added by Augustus as a supplementary supply * This branch has its intake at the sixth milestone, on the Praenestine Way, on a cross-road, •980 paces to the left, near the Collatian Way. Its course, by underground channel, extends to •6,380 paces before reaching The Twins. The distribution of

6. Forty years after Appia was brought in, in the four hundred and eighty-first year from the founding of the City, Manius Curius Dentatus, who held the censorship with Lucius Papirius Cursor, contracted to have the waters of what is now called Old Anio brought into the City, with the proceeds of the booty captured from Pyrrhus. This was in the second consulship of Spurius Carvilius and Lucius Papirius. Then two years later the question of completing the aqueduct was discussed in the Senate on the motion * of the praetor. At the close of the discussion, Curius, who had let the original contract, and Fulvius Flaccus were appointed by decree of the Senate as a board of two to bring in the water. Within five days of the time he had been appointed, one of the two commissioners, Curius, died; thus the credit of achieving the work rested with Flaccus. The intake of Old Anio is above Tibur at the twentieth milestone outside the * Gate, where it gives a part of its water to supply the Tiburtines. Owing to the exigence of elevation, its conduit has a length of •43,000 paces. Of this, the channel runs underground for •42,779 paces, while there are above ground substructures for •221 paces. 7. One hundred and twenty-seven years later, that is in the six hundred and eighth year from the founding of the City, in the consulship of Servius Sulpicius Galba and Lucius Aurelius Cotta, when the conduits of Appia and Old Anio had become leaky by reason of age, and water was also being diverted from them unlawfully by individuals, the Senate commissioned Marcius, who at that time administered the law as praetor between citizens, to reclaim 58

Ancient History Reader where it crosses valleys, there are •463 paces on arches; nearer the City, beginning at the seventh milestone, •528 paces on substructures, and the remaining •6,472 paces on arches.

and repair these conduits; and since the growth of the City was seen to demand a more bountiful supply of water, the same man was charged by the Senate to bring into the City other waters so far as he could. * He restored the old channels and brought in a third supply, more wholesome than these, * which is called Marcia after the man who introduced it. We read in Fenestella, that 180,000,000 sesterces were granted to Marcius for these works, and since the term of his praetorship was not sufficient for the completion of the enterprise, it was extended for a second year. At that time the Decemvirs, on consulting the Sibylline Books for another purpose, are said to have discovered that it was not right for the Marcian water, or rather the Anio (for tradition more regularly mentions this) to be brought to the Capitol. The matter is said to have been debated in the Senate, in the consulship of Appius Claudius and Quintus Caecilius, Marcus Lepidus acting as spokesman for the Board of Decemvirs; and three years later the matter is said to have been brought up again by Lucius Lentulus, in the consulship of Gaius Laelius and Quintus Servilius, but on both occasions the influence of Marcius Rex carried the day; and thus the water was brought to the Capitol. The intake of Marcia is at the thirtysixth milestone on the Valerian Way, on a cross-road, three miles to the right as you come from Rome. But on the Sublacensian Way, which was first paved under the Emperor Nero, at the thirty-eighth milestone, within •200 paces to the left [a view of its source may be seen]. Its waters stand like a tranquil pool, of deep green hue. Its conduit has a length, from the intake to the City, of •61,710½ paces; •54,247½ paces of underground conduit; •7,463 paces on structures above ground, of which, at some distance from the City, in several places

8. The Censors, Gnaeus Servilius Caepio and Lucius Cassius Longinus, called Ravilla, in the year 627 after the founding of the City, in the consulate of Marcus Plautus Hypsaeus and Marcus Fulvius Flaccus, had the water called Tepula brought to Rome and to the Capitol, from the estate of Lucullus, which some persons hold to belong to Tusculan territory. The intake of Tepula is at the tenth milestone on the Latin Way, near a cross-road, two miles to the right as you proceed from Rome * From that point it was conducted in its own channel to the City. 9. Later * in the second consulate of the Emperor Caesar Augustus, when Lucius Volcatius was his colleague, in the year 719 after the foundation of the City, [Marcus] Agrippa, when aedile, after his first consulship, took another independent source of supply, at the twelfth milestone from the City on the Latin Way, on a crossroad two miles to the right as you proceed from Rome, and also tapped Tepula. The name Julia was given to the new aqueduct by its builder, but since the waters were again divided for distribution, the name Tepula remained. The conduit of Julia has a length of •15,426½ paces; •7,000 paces on masonry above ground, of which •528 paces next the City, beginning at the seventh milestone, are on substructures, the other •6,472 paces being on arches. Past the intake of Julia flows a brook, which is called Crabra. Agrippa refrained from taking in this brook either because he had condemned it, or because he thought it ought to be left to the proprietors at Tusculum, for this is the 59

Ancient History Reader water which all the estates of that district receive in turn, dealt out to them on regular days and in regular quantities. But our water-men, failing to practise the same restraint, have always claimed a part of it to supplement Julia, not, however, thus increasing the actual flow of Julia, since they habitually exhausted it by diverting its waters for their own profit. I therefore shut off the Crabra brook and at the Emperor's command restored it entirely to the Tusculan proprietors, who now, possibly not without surprise, take its waters, without knowing to what cause to ascribe the unusual abundance. The Julian aqueduct, on the other hand, by reason of the destruction of the branch pipes through which it was secretly plundered, has maintained its normal quantity even in times of most extraordinary drought. In the same year, Agrippa repaired the conduits of Appia, Old Anio, and Marcia, which had almost worn out, and with unique forethought provided the City with a large number of fountains.

paces of this distance it is carried in an underground channel, for •1,240 paces above ground. Of these 1,240 paces, it is carried for •540 paces on substructures at various points, and for •700 paces on arches. The underground conduits of the tributaries measure •1,405 paces. 11. I fail to see what motive induced Augustus, a most sagacious sovereign, to bring in the Alsietinian water, also called Augusta. For this has nothing to commend it, — is in fact positively unwholesome, and for that reason is nowhere delivered for consumption by the people. It may have been that when Augustus began the construction of his Naumachia, he brought this water in a special conduit, in order not to encroach on the existing supply of wholesome water, and then granted the surplus of the Naumachia to the adjacent gardens and to private users for irrigation. It is customary, however, in the district across the Tiber, in an emergency, whenever the bridges are undergoing repairs and the water supply is cut off from this side of the river, to draw from Alsietina to maintain the flow of the public fountains. Its source is the Alsietinian Lake, at the fourteenth milestone, on the Claudian Way, on a crossroad, six miles and a half to the right. Its conduit has a length of •22,172 paces, with •358 paces on arches.

10. The same man, after his own third consulship, in the consulship of Gaius Sentius and Quintus Lucretius, twelve years after he had constructed the Julian aqueduct, also brought Virgo to Rome, taking it from the estate of Lucullus. We learn that June 9 was the day that it first began to flow in the City. It was called Virgo, •because a young girl pointed out certain springs to some soldiers hunting for water, and when they followed these up and dug, they found a copious supply. A small temple, situated near the spring, contains a painting which illustrates this origin of the aqueduct. The intake of Virgo is on the Collatian Way at the eighth milestone, in a marshy spot, surrounded by a concrete enclosure for the purpose of confining the gushing waters. Its volume is augmented by several tributaries. Its length is •14,105 paces. For •12,865

12. To supplement Marcia, whenever dry seasons required an additional supply, Augustus also, by an underground channel, brought to the conduit of Marcia another water of the same excellent quality, called Augusta from the name of its donor. Its source is beyond the springs of Marcia; its conduit, up to its junction with Marcia, measures •800 paces.

Ancient History Reader 13. After these aqueducts, Gaius Caesar, the successor of Tiberius, in the second year of his reign, in the consulate of Marcus Aquila Julianus and Publius Nonius Asprenas, in the year 791 after the founding of the City, began two others, inasmuch as the seven then existing seemed insufficient to meet both the public needs and the luxurious private demands of the day. These works Claudius completed on the most magnificent scale, and dedicated in the consulship of Sulla and Titianus, on the 1st of August in the year 803 after the founding of the City. To the one water, which had its sources in the Caerulean and Curtian springs, was given the name Claudia. This is next to Marcia in excellence. The second began to be designated as New Anio, in order the more readily to distinguish by title the two Anios that had now begun to flow to the City. To the former Anio the name of "Old" was added.

above ground; of these last there are at various points in the upper reaches •3,076 paces on arches; and near the City, beginning at the seventh milestone, •609 paces on substructures and •6,491 on arches. 15. The intake of New Anio is at the fortysecond milestone on the Sublacensian Way, in the district of Simbruvium. The water is taken from the river, which, even without the effect of rainstorms, is muddy and discoloured, because it has rich and cultivated fields adjoining it, and in consequence loose banks. For this reason, a settling reservoir was put in beyond the inlet of the aqueduct, in order that the water might settle there and clarify itself, between the river and the conduit. But even despite this precaution, the water reaches the City in a discoloured condition whenever there are rains. It is joined by the Herculanean brook, which has its source on the same Way, at the thirty-eighth milestone, opposite the springs of Claudia, beyond the river and the highway. This is naturally very clear, but loses the charm of its purity by admixture with New Anio. The conduit of New Anio measures •58,700 paces, of which •49,300 are in an underground channel, •9,400 paces above ground on masonry; of these, at various points in the upper reaches are •2,300 paces on substructures or arches; while nearer the City, beginning at the seventh milestone, are •609 paces on substructures, •6,491 paces on arches. These are the highest arches, rising at certain points to •109 feet.

14. The intake of Claudia is at the thirtyeighth milestone on the Sublacensian Way, on a cross-road, •less than three hundred paces to the left. The water comes from two very large and beautiful springs, the Caerulean, so designated from its appearance, and the Curtian. Claudia also receives the spring which is called Albudinus, which is of such excellence that, when Marcia, too, needs supplementing, this water answers the purpose so admirably that by its addition there is no change in Marcia's quality. The spring of Augusta was turned into Claudia, because it was plainly evident that Marcia was of sufficient volume by itself. But Augusta remained, nevertheless, a reserve supply to Marcia, the understanding being that Augusta should run into Claudia only when the conduit of Marcia would not carry it. Claudia's conduit has a length of •46,606 paces, of which •36,230 are in a subterranean channel, •10,176 on structures

16. With such an array of indispensable structures carrying so many waters, compare, if you will, the idle Pyramids or the useless, though famous, works of the Greeks!

Ancient History Reader 17. It has seemed to me not inappropriate to include also a statement of the lengths of the channels of the several aqueducts, according to the kinds of construction. For since the chief function of this office of watercommissioner lies in their upkeep, the man in charge of them ought to know which of them demand the heavier outlay. My zeal was not satisfied with submitting details to examination; I also had plans made of the aqueducts, on which it is shown where there are valleys and how great these are; where rivers are crossed; and where conduits laid on hillsides demand more particular constant care for their maintenance and repair. By this provision, one reaps the advantage of being able to have the works before one's eyes, so to speak, at a moment's notice, and to consider them as though standing by their side.

to save length, abandoning the subterranean loops in the valleys. The sixth rank in height is held by Old Anio, which would likewise be capable of supplying even the higher portions of the City, if it were raised up on substructures or arches, wherever the nature of the valleys and low places demands. Its elevation is followed by that of Virgo, then by that of Appia. These, since they were brought from points near the City, could not rise to such high elevations. Lowest of all is Alsietina, which supplies the ward across the Tiber and the very lowest districts. 19. Of these waters, six are received in covered catch-basins, this side the seventh milestone on the Latin Way. Here, taking fresh breath, so to speak, after the run, they deposit their sediment. Their volume also is determined by gauges set up at the same point. Three of these, Julia, Marcia, and Tepula, are carried by the same arches from the catch-basins onward. Tepula, which, as we have above explained, was tapped and added to the conduit of Julia, now leaves the basin of this same Julia, receives its own quota of water, and runs in its own conduit, under its own name. The topmost of these three is Julia; next below is Tepula; then Marcia. These flowing [under ground] reach the level of the Viminal Hill, and in fact even of the Viminal Gate. There they again emerge. Yet a part of Julia is first diverted at Spes Vetus, and distributed to the reservoirs of Mount Caelius. But Marcia delivers a part of its waters into the so-called Herculanean Conduit, behind the Gardens of Pallas. This conduit, carried along the Caelian, affords no service to the occupants of the hill, on account of its low level; it ends beyond the Porta Capena.

18. The several aqueducts reach the City at different elevations. In consequence certain ones deliver water on higher ground, while others cannot rise to the loftier points; for the hills have gradually grown higher with rubbish in consequence of frequent conflagrations. There are five whose head rises to every point in the City, but of these some are forced up with greater, others with lesser pressure. The highest is New Anio; next comes Claudia; the third place is taken by Julia; the fourth by Tepula; the last by Marcia, although at its intake this mounts even to the level of Claudia. But the ancients laid the lines of their aqueducts at a lower elevation, either because they had not yet nicely worked out the art of levelling, or because they purposely sunk their aqueducts in the ground, in order that they might not easily be cut by the enemy, since frequent wars were still waged with the Italians. But now, whenever a conduit has succumbed to old age, it is the practice to carry it in certain parts on substructures or on arches, in order

20. New Anio and Claudia are carried together from their catch-basins on lofty arches, Anio being above. Their arches end 62

Ancient History Reader behind the Gardens of Pallas, and from that point their waters are distributed in pipes to serve the City. Yet Claudia first transfers a part of its waters near Spes Vetus to the so-called Neronian Arches. These arches pass along the Caelian Hill and end near the Temple of the Deified Claudius. Both aqueducts deliver the volume which they receive, partly about the Caelian, partly on the Palatine and Aventine, and to the ward beyond the Tiber.

also for the satisfaction of luxury; by how many reservoirs it is distributed and in what wards; how much water is delivered outside the City; how much is used for water-basins, how much for fountains, how much for public buildings, how much in the name of Caesar, how much for private consumption. But before I mention the names quinaria, centenaria, and those of the other ajutages by which water is gauged, I deem it appropriate to state what is their origin, what their capacities, and what each name means; and, after setting forth the rule according to which their proportions and capacities are computed, to show in what way I discovered their discrepancies, and what course I pursued in correcting them.

21. Old Anio, this side the fourth milestone, passes under New Anio, which here shifts from the Latin to the Labican Way; it has its own catch-basin. Then, this side the second milestone, it gives a part of its waters to the so-called Octavian Conduit and reaches the Asinian Gardens in the neighbourhood of the New Way, whence it is distributed throughout that district. But the main conduit, which passes Spes Vetus, comes inside the Esquiline Gate and is distributed to high-lying mains throughout the City.

CARTHAGE ARISTOTLE, CARTHAGINIAN CONSTITUTION (http://www.fordham.edu/halsall/ancient/aris totle-carthage.asp )

22. Neither Virgo, nor Appia, nor Alsietina has a receiving reservoir or catch-basin. The arches of Virgo begin under the Lucullan Gardens, and end on the Campus Martius in front of the Voting Porticoes. The conduit of Appia, running along the base of the Caelian and Aventine, emerges, as we have said above, at the foot of the Publician Ascent. The conduit of Alsietina terminates behind the Naumachia, for which it seems to have been constructed.

The Carthaginians are also considered to have an excellent form of government, which differs from that of any other state in several respects, though it is in some very like the Spartan. Indeed, all three states---the Spartan, the Cretan, and the Carthaginian--nearly resemble one another, and are very different from any others. Many of the Carthaginian institutions are excellent. The superiority of their constitution is proved by the fact that the common people remain loyal to the constitution. The Carthaginians have never had any rebellion worth speaking of, and have never been under the rule of a tyrant. Among the points in which the Carthaginian constitution resembles the Spartan are the following: The common

23. Since I have given in detail the builders of the several aqueducts, their dates, and, in addition, their sources, the lengths of their channels, and their elevations in sequence, it seems to me not out of keeping to add also some separate details, and to show how great is the supply which suffices not only for public and private uses and purposes, but 63

Ancient History Reader tables of the clubs answer to the Spartan phiditia, and their magistracy of the Hundred-Four to the Ephors; but, whereas the Ephors are any chance persons, the magistrates of the Carthaginians are elected according to merit---this is an improvement. They have also their kings and their Gerousia, or council of elders, who correspond to the kings and elders of Sparta. Their kings, unlike the Spartan, are not always of the same family, nor that an ordinary one, but if there is some distinguished family they are selected out of it and not appointed by seniority---this is far better. Such officers have great power, and therefore, if they are persons of little worth, do a great deal of harm, and they have already done harm at Sparta.

practice of having all suits tried by the magistrates, and not some by one class of judges or jurors and some by another, as at Sparta, are characteristic of aristocracy. The Carthaginian constitution deviates from aristocracy and inclines to oligarchy, chiefly on a point where popular opinion is on their side. For men in general think that magistrates should be chosen not only for their merit, but for their wealth: a man, they say, who is poor cannot rule well---he has not the leisure. If, then, election of magistrates for their wealth be characteristic of oligarchy, and election for merit of aristocracy, there will be a third form under which the constitution of Carthage is comprehended; for the Carthaginians choose their magistrates, and particularly the highest of them---their kings and generals--with an eye both to merit and to wealth. But we must acknowledge that, in thus deviating from aristocracy, the legislator has committed an error. Nothing is more absolutely necessary than to provide that the highest class, not only when in office, but when out of office, should have leisure and not disgrace themselves in any way; and to this his attention should be first directed. Even if you must have regard to wealth, in order to secure leisure, yet it is surely a bad thing that the greatest offices, such as those of kings and generals, should be bought. The law which allows this abuse makes wealth of more account than virtue, and the whole state becomes avaricious.

Most of the defects or deviations from the perfect state, for which the Carthaginian constitution would be censured, apply equally to all the forms of government which we have mentioned. But of the deflections from aristocracy and constitutional government, some incline more to democracy and some to oligarchy. The kings and elders, if unanimous, may determine whether they will or will not bring a matter before the people, but when they are not unanimous, the people decide on such matters as well. And whatever the kings and elders bring before the people is not only heard but also determined by them, and any one who likes may oppose it; now this is not permitted in Sparta and Crete. That the magistrates of five who have under them many important matters should be coopted, that they should choose the supreme council of One Hundred, and should hold office longer than other magistrates (for they are virtually rulers both before and after they hold office)---these are oligarchical features; their being without salary and not elected by lot, and any similar points, such as the

For, whenever the chiefs of the state deem anything honorable, the other citizens are sure to follow their example; and, where virtue has not the first place, their aristocracy cannot be firmly established. Those who have been at the expense of purchasing their places will be in the habit of repaying themselves; and it is absurd to suppose that a poor and honest man will be 64

Ancient History Reader wanting to make gains, and that a lower stamp of man who has incurred a great expense will not. Wherefore they should rule who are able to rule best. And even if the legislator does not care to protect the good from poverty, he should at any rate secure leisure for them when in office. It would seem also to be a bad principle that the same person should hold many offices, which is a favorite practice among the Carthaginians, for one business is better done by one man.

PLEASE SCAN THIS PICTURE:

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The government of the Carthaginians is oligarchical, but they successfully escape the evils of oligarchy by enriching one portion of the people after another by sending them to their colonies. This is their panacea and the means by which they give stability to the state. Accident favors them, but the legislator should be able to provide against revolution without trusting to accidents. As things are, if any misfortune occurred, and the bulk of the subjects revolted, there would be no way of restoring peace by legal methods. ROME

POLYBIUS, HISTORY OF ROME, BOOK 6 (http://www.fordham.edu/halsall/ancient/pol ybius6.asp) THE THREE kinds of government, monarchy, aristocracy and democracy, were 65

Ancient History Reader all found united in the commonwealth of Rome. And so even was the balance between them all, and so regular the administration that resulted from their union, that it was no easy thing to determine with assurance, whether the entire state was to be estimated an aristocracy, a democracy, or a monarchy. For if they turned their view upon the power of the consuls, the government appeared to be purely monarchical and regal. If, again, the authority of the senate was considered, it then seemed to wear the form of aristocracy. And, lastly, if regard was to be had to the share which the people possessed in the administration of affairs, it could then scarcely fail to be denominated a popular state. The several powers that were appropriated to each of these distinct branches of the constitution at the time of which we are speaking, and which, with very little variation, are even still preserved, are these which follow.

military tribunes; to enroll the legions, and make the necessary levies, and to inflict punishments in the field, upon all that are subject to their command. Add to this, that they have the power likewise to expend whatever sums of money they may think convenient from the public treasury; being attended for that purpose by a quaestor; who is always ready to receive and execute their orders. When any one therefore, directs his view to this part of the constitution, it is very reasonable for him to conclude that this government is no other than a simple royalty. Let me only observe, that if in some of these particular points, or in those that will hereafter be mentioned, any change should be either now remarked, or should happen at some future time, such an alteration will not destroy the general principles of this discourse. To the senate belongs, in the first place, the sole care and management of the public money. For all returns that are brought into the treasury, as well as all the payments that are issued from it, are directed by their orders. Nor is it allowed to the quaestors to apply any part of the revenue to particular occasions as they arise, without a decree of the senate; those sums alone excepted. which are expended in the service of the consuls. And even those more general, as well as greatest disbursements, which are employed at the return every five years, in building and repairing the public edifices, are assigned to the censors for that purpose, by the express permission of the senate. To the senate also is referred the cognizance of all the crimes, committed in any part of Italy, that demand a public examination and inquiry: such as treasons, conspiracies, poisonings, and assassinations. Add to this, that when any controversies arise, either between private men, or any of the cities of Italy, it is the part of the senate to adjust all

The consuls, when they remain in Rome, before they lead out the armies into the field, are the masters of all public affairs. For all other magistrates, the tribunes alone excepted, are subject to them, and bound to obey their commands. They introduce ambassadors into the senate. They propose also to the senate the subjects of debates; and direct all forms that are observed in making the decrees. Nor is it less a part of their office likewise, to attend to those affairs that are transacted by the people; to call together general assemblies; to report to them the resolutions of the senate; and to ratify whatever is determined by the greater number. In all the preparations that are made for war, as well as in the whole administration in the field, they possess an almost absolute authority. For to them it belongs to impose upon the allies whatever services they judge expedient; to appoint the 66

Ancient History Reader disputes; to censure those that are deserving of blame: and to yield assistance to those who stand in need of protection and defense. When any embassies are sent out of Italy; either to reconcile contending states; to offer exhortations and advice; or even, as it sometimes happens, to impose commands; to propose conditions of a treaty; or to make a denunciation of war; the care and conduct of all these transactions is entrusted wholly to the senate. When any ambassadors also arrive in Rome, it is the senate likewise that determines how they shall be received and treated, and what answer shall be given to their demands.

all human societies, are held together. For when the difference between these is overlooked, or when they are distributed without due distinction, nothing but disorder can ensue. Nor is it possible, indeed, that the government should be maintained if the wicked stand in equal estimation with the good. The people, then, when any such offences demand such punishment, frequently condemn citizens to the payment of a fine: those especially who have been invested with the dignities of the state. To the people alone belongs the right to sentence any one to die. Upon this occasion they have a custom which deserves to be mentioned with applause. The person accused is allowed to withdraw himself in open view, and embrace a voluntary banishment, if only a single tribe remains that has not yet given judgment; and is suffered to retire in safety to Praeneste, Tibur, Naples, or any other of the confederate cities. The public magistrates are allotted also by the people to those who are esteemed worthy of them: and these are the noblest rewards that any government can bestow on virtue. To the people belongs the power of approving or rejecting laws and, which is still of greater importance, peace and war are likewise fixed by their deliberations. When any alliance is concluded, any war ended, or treaty made; to them the conditions are referred, and by them either annulled or ratified. And thus again, from a view of all these circumstances, it might with reason be imagined, that the people had engrossed the largest portion of the government, and that the state was plainly a democracy.

In all these things that have now been mentioned, the people has no share. To those, therefore, who come to reside in Rome during the absence of the consuls, the government appears to be purely aristocratic. Many of the Greeks, especially, and of the foreign princes, are easily led into this persuasion: when they perceive that almost all the affairs, which they are forced to negotiate with the Romans, are determined by the senate. And now it may well be asked, what part is left to the people in this government: since the senate, on the one hand, is vested with the sovereign power, in the several instances that have been enumerated, and more especially in all things that concern the management and disposal of the public treasure; and since the consuls, on the other hand, are entrusted with the absolute direction of the preparations that are made for war, and exercise an uncontrolled authority on the field. There is, however, a part still allotted to the people; and, indeed, the most important part. For, first, the people are the sole dispensers of rewards and punishments; which are the only bands by which states and kingdoms, and, in a word,

Such are the parts of the administration, which are distinctly assigned to each of the three forms of government, that are united in the commonwealth of Rome. It now remains to be considered, in what manner each 67

Ancient History Reader several form is enabled to counteract the others, or to cooperate with them.

moment is that the consuls, at the time of laying down their office are bound to submit their past administration to the judgment of the people. And thus these magistrates can at no time think themselves secure, if they neglect to gain the approbation both of the senate and the people.

When the consuls, invested with the power that has been mentioned, lead the armies into the field, though they seem, indeed, to hold such absolute authority as is sufficient for all purposes, yet are they in truth so dependent both on the senate and the people, that without their assistance they are by no means able to accomplish any design. It is well known that armies demand a continual supply of necessities. But neither corn, nor habits, nor even the military stipends, can at any time be transmitted to the legions unless by an express order of the senate. Any opposition, therefore, or delay, on the part of this assembly, is sufficient always to defeat the enterprises of the generals. It is the senate, likewise, that either compels the consuls to leave their designs imperfect, or enables them to complete the projects which they have formed, by sending a successor into each of their several provinces, upon the expiration of the annual term, or by continuing them in the same command. The senate also has the power to aggrandize and amplify the victories that are gained, or, on the contrary, to depreciate and debase them. For that which is called among the Romans a triumph, in which a sensible representation of the actions of the generals is exposed in solemn procession to the view of all the citizens, can neither be exhibited with due pomp and splendor, nor, indeed, be in any other manner celebrated, unless the consent of the senate be first obtained, together with the sums that are requisite for the expense. Nor is it less necessary, on the other hand, that the consuls, how soever far they may happen to be removed from Rome, should be careful to preserve the good affections of the people. For the people, as we have already mentioned, annuls or ratifies all treaties. But that which is of greatest

In the same manner the senate also, though invested with so great authority, is bound to yield a certain attention to the people, and to act in concert with them in all affairs that are of great importance. With regard especially to those offences that are committed against the state, and which demand a capital punishment, no inquiry can be perfected, nor any judgment carried into execution, unless the people confirm what the senate has before decreed. Nor are the things which more immediately regard the senate itself less subject than the same control. For if a law should at any time be proposed to lessen the received authority of the senators, to detract from their honors and pre-eminence, or even deprive them of a part of their possessions, it belongs wholly to the people to establish or reject it. And even still more, the interposition of a single tribune is sufficient, not only to suspend the deliberations of the senate, but to prevent them also from holding any meeting or assembly. Now the peculiar office of the tribunes is to declare those sentiments that are most pleasing to the people: and principally to promote their interests and designs. And thus the senate, on account of all these reasons, is forced to cultivate the favor and gratify the inclinations of the people. The people again, on their part, are held in dependence on the senate, both to the particular members, and to the general body. In every part of Italy there are works of various kinds, which are let to farm by the 68

Ancient History Reader censors, such are the building or repairing of the public edifices, which are almost innumerable; the care of rivers, harbors, mines and lands; every thing, in a word, that falls beneath the dominion of the Romans. In all these things the people are the undertakers: inasmuch as there are scarcely any to be found that are not in some way involved, either in the contracts, or in the management of the works. For some take the farms of the censors at a certain price; others become partners with the first. Some, again, engage themselves as sureties for the farmers; and others, in support also of these sureties, pledge their own fortunes to the state. Now, the supreme direction of all these affairs is placed wholly in the senate. The senate has the power to allot a longer time, to lighten the conditions of the agreement, in case that any accident has intervened, or even to release the contractors from their bargain, if the terms should be found impracticable. There are also many other circumstances in which those that are engaged in any of the public works may be either greatly injured or greatly benefited by the senate; since to this body, as we have already observed, all things that belong to these transactions are constantly referred. But there is still another advantage of much greater moment. For from this order, likewise, judges are selected, in almost every accusation of considerable weight, whether it be of a public or private nature. The people, therefore, being by these means held under due subjection and restraint, and doubtful of obtaining that protection, which they foresee that they may at some time want, are always cautious of exciting any opposition to the measures of the senate. Nor are they, on the other hand, less ready to pay obedience to the orders of the consuls; through the dread of that supreme authority, to which the citizens in general, as well as

each particular man, are obnoxious in the field. Thus, while each of these separate parts is enabled either to assist or obstruct the rest, the government, by the apt contexture of them all in the general frame, is so well secured against every accident, that it seems scarcely possible to invent a more perfect system. For when the dread of any common danger, that threatens from abroad, constrains all the orders of the state to unite together, and co-operate with joint assistance; such is the strength of the republic that as, on the one hand, no measures that are necessary are neglected, while all men fix their thoughts upon the present exigency; so neither is it possible, on the other hand, that their designs should at any time be frustrated through the want of due celerity, because all in general, as well as every citizen in particular, employ their utmost efforts to carry what has been determined into execution. Thus the government, by the very form and peculiar nature of its constitution, is equally enabled to resist all attacks, and to accomplish every purpose. And when again all apprehensions of foreign enemies are past, and the Romans being now settled in tranquility, and enjoying at their leisure all the fruits of victory, begin to yield to the seduction of ease and plenty, and, as it happens usually in such conjunctures, become haughty and ungovernable; then chiefly may we observe in what manner the same constitution likewise finds in itself a remedy against the impending danger. For whenever either of the separate parts of the republic attempts to exceed its proper limits, excites contention and dispute, and struggles to obtain a greater share of power, than that which is assigned to it by the laws, it is manifest, that since no one single part, as we have shown in this discourse, is in itself supreme or absolute, 69

Ancient History Reader but that on the contrary, the powers which are assigned to each are still subject to reciprocal control, the part, which thus aspires, must soon be reduced again within its own just bounds, and not be suffered to insult or depress the rest. And thus the several orders, of which the state is framed, are forced always to maintain their due position: being partly counter-worked in their designs; and partly also restrained from making any attempt, by the dread of falling under that authority to which they are exposed.

the first and general distribution of all the forces into four separate legions. Of these tribunes, therefore, the four first named are assigned to the first legion; the three next to the second; the following four to the third; and the last three appointed to the fourth. Of the tribunes of the oldest order the two that are first named are placed in the first legion; the three second in the second; the two that follow in the third; and the remaining three in the fourth. By this distribution and division an equal number of commanders is allotted to each legion. When this is done, the tribunes of each legion, having taken their seats apart, draw out the tribes one by one by lot; and calling to them that upon which the lot first falls, they select from it four young men, as nearly equal as is possible in age and stature. And when these are brought forward from the rest, the tribunes of the first legion first choose one; then those of the second a second; those of the third take the third; and those of the fourth the last. After these four more are made to approach. And now the tribunes of the second legion first make their choice; then those of the rest in order; and last of all the tribunes of the first. In the same manner again, from the next four that follow, the tribunes of the third legion choose the first; and those of the second the last. And thus, by observing the same method of rotation to the end, it happens that the legions, with respect to the men of which they are composed are all alike and equal. The number allotted to each legion is four thousand and two hundred; and sometimes five thousand, when any great and unusual danger is foreseen. After these had been thus selected it was anciently the custom to choose the cavalry; and to add two hundred horsemen to each four thousand of the infantry But in the present times, the citizens, of whom the cavalry is composed,

The Military Institutions of the Romans: As soon as the consuls are declared, the military tribunes are next appointed. Of these, fourteen are taken from the citizens who have carried arms in five campaigns; and ten more from those who completed ten. For every citizen, before he arrives at the age of forty-six, is obliged to serve either ten years in the cavalry, or sixteen in the infantry: those alone excepted who are placed by the censors below the rate of four hundred drachmae; and who are all reserved for the service of the sea. In the case of any pressing danger the time of continuing in the infantry is extended to twenty years. No citizen is permitted by the laws to sue for any magistracy before he has completed the serving of ten campaigns. When the enrollments are to be made the consuls give notice before to the people of a certain day, upon which all the Romans that are of sufficient age are required to attend. This is done every year. And when the day arrives, and the men all appear at Rome, and are assembled afterwards in the Capitol, the tribunes of the youngest order divide themselves, as they are appointed either by the consuls or the people, into four separate bodies. For this division corresponds with 70

Ancient History Reader are first enrolled; having been before appointed by the censors, according to the rate of their revenue; and three hundred are assigned to every legion.

principes are twelve hundred; the hastati an equal number; and all the rest light-armed. If a legion consist of more than four thousand men, the several bodies are increased in due proportion; except only that the number of the triarii always remains the same.

When the enrollments are in this manner finished, the tribunes having assembled together in separate bodies the soldiers of their respective legions, choose out a man that seems most proper for the purpose, and make him swear in the following words: "that he will be obedient to his commanders, and execute all the orders that he shall receive from them to the utmost of his power." The rest of the soldiers of the legion, advancing one by one, swear also that they will perform what the first has sworn. About the same time, likewise, the consuls send notice to the magistrates of the allied cities of Italy, from which they design to draw any forces, what number of troops are wanted, and at what time and place they are required to join the Roman army. The cities, having raised their levies in the same manner that has now been mentioned, and administered to them the same oath, send them away attended by a paymaster and a general.

The youngest of these troops are armed with a sword, light javelins, and a buckler. The buckler is both strongly made, and of a size sufficient for security. For it is of a circular form, and has three feet in the diameter. They wear likewise upon their heads some simple sort of covering; such as the skin of a wolf, or something of a similar kind; which serves both for their defense, and to point out also to the commanders those particular soldiers that are distinguished either by their bravery or want of courage in the time of action. The wood of the javelins is of the length of two cubits, and of the thickness of a finger. The iron part is a span in length, and is drawn out to such a slender fineness towards the point, that it never fails to be bent in the very first discharge, so that the enemy cannot throw it back again. Otherwise it would be a common javelin. The next in age, who are called the hastati, are ordered to furnish themselves with a complete suit of armor. This among the Romans consists in the first place of a shield of a convex surface; the breadth of which is two feet and a half; and the length four feet, or four feet and a palm of those of the largest size. It is composed of two planks, glued together, and covered first with linen, and afterwards with calves' skin. The extreme edges of it, both above and below, are guarded with plates of iron; as well to secure it against the strokes of swords, as that it may be rested also upon the ground without receiving any injury. To the surface is fitted likewise a shell of iron; which serves to turn aside the more violent strokes

At Rome the tribunes, after the ceremony of the oath is finished, command all the legions to return without arms upon a certain day, and then dismiss them. And when they are met together again at the appointed time, those that are youngest, and of the lowest condition, are set apart for the light-armed troops. From the next above these in age are selected the hastati; from those that are in full strength and vigor, the principes; and the oldest of all that are enrolled are the triarii. For every legion is composed of all these different bodies; different in name, in age, and in the manner in which they are armed. This division is so adjusted that the triarii amount to six hundred men; the 71

Ancient History Reader of stones, or spears, or any other ponderous weapon. After the shield comes the sword, which is carried upon the right thigh, and is called the Spanish sword. It is formed not only to push with at the point; but to make a falling stroke with either edge, and with singular effect; for the blade is remarkably strong and firm. To these arms are added two piles or javelins; a helmet made of brass; and boots for the legs. The piles are of two sorts; the one large, the other slender.

From each of these several sorts of soldiers, the youngest alone excepted, ten men of distinguished merit are first selected; and after these, ten more. These are all called commanders of companies; and he that is first chosen has a seat in the military council. After these, twenty more are appointed to conduct the rear; and are chosen by the former twenty. The soldiers of each different order, the light troops excepted, are then divided into ten separate parts; to each of which are assigned four officers, of those who have been thus selected: two to lead the van, and two to take the care of the rear. The light-armed troops are distributed in just proportion among them all. Each separate part is called a company, a band, or an ensign; and the leaders, captains of companies or centurions. Last of all, two of the bravest and most vigorous among the soldiers are appointed by the captains to carry the standards of the company.

Of the former those that are round have the breadth of a palm in their diameter; and those that are square the breadth of a palm likewise is a side. The more slender, which are carried with the other, resemble a common javelin of a moderate size. In both sorts, the wooden part is of the same length likewise, and turned outwards at the point, in the form of a double hook, is fastened to the wood with so great care and foresight, being carried upwards to the very middle of it, and transfixed with many close-set rivets, that it is sooner broken in use than loosened; though in the part in which it is joined to the wood, it is not less than a finger and a half in thickness. Upon the helmet is worn an ornament of three upright feathers, either red or black, of about a cubit in height; which being fixed upon the very top of the head, and added to their other arms, make the troops seem to be of double size, and gives them an appearance which is both beautiful and terrible. Beside these arms, the soldiers in general place also upon their breasts a square plate of brass, of the measure of a span on either side, which is called the guard of the heart. But all those who are rated at more than ten thousand drachmae cover their breasts with a coat of mail. The principes and the triarii are armed in the same manner likewise as the hastati; except only that the triarii carry pikes instead of javelins.

It is not without good reason that two captains are assigned to every company. For as it always is uncertain, what will be the conduct of an officer, or to what accidents he may be exposed; and, as in the affairs of war, there is no room for pretext or excuse; this method is contrived, that the company may not upon any occasion be destitute of a leader. When the captains therefore both are present, he that was first chosen leads the right, and the other the left of the company. And when either of them is absent, he that remains takes the conduct of the whole. In the choice of these captains not those that are the boldest and most enterprising are esteemed the best; but those rather, who are steady and sedate; prudent in conduct, and skillful in command. Nor is it so much required, that they should be at all times eager to begin the combat, and throw themselves precipitately into action; as that, 72

Ancient History Reader when they are pressed, or even conquered by a superior force, they should still maintain their ground, and rather die than desert their station.

and, as it was at first not very capable of service, it afterwards became wholly useless, when the substance of it had been softened and relaxed by rain. The Romans, therefore, having observed these defects, soon changed their weapons for the armor of the Greeks. For the Grecian spear, which is firm and stable, not only serves to make the first stroke with the point in just direction and with sure effect; but, with the help of the iron at the opposite end, may, when turned, be employed against the enemy with equal steadiness and force. In the same manner also the Grecian shields, being strong in texture, and capable of being held in a fixed position, are alike serviceable both for attack and for defense. These advantages were soon perceived, and the arms adopted by the cavalry. For the Romans, above all other people, are excellent in admitting foreign customs that are preferable to their own.

The cavalry is divided also into ten parts or troops. In each of these, three captains first are chosen; who afterwards appoint three other officers to conduct the rear. The first of the captains commands the whole troop. The other two hold the rank and office of decurions; and all of them are called by that name. In the absence of the first captain, the next in order takes the entire command. The manner in which these troops are armed is at this time the same as that of the Greeks. But anciently it was very different. For, first, they wore no armor upon their bodies; but were covered, in the time of action, with only an undergarment. In this method, they were able indeed to descend from their horses, or leap up again upon them, with greater quickness and facility; but, as they were almost naked, they were too much exposed to danger in all those engagements. The spears also that were in use among them in former times were, in a double respect, very unfit for service. First, as they were of a slender make, and always trembled in the hand, it not only was extremely difficult to direct them with exactness towards the destined mark; but very frequently, even before their points had reached the enemy, the greatest part of them were shaken into pieces by the bare motion of the horses. Add to this, that these spears, not being armed with iron at the lowest end, were formed to strike only with the point, and, when they were broken by this stroke, were afterwards incapable of any farther use.

â&#x20AC;ŚSuch then in general are the institutions of the Romans, which belong to the establishment of their armies, and more especially to the manner of their encampment.

Rome and Carthage Compared: The government of Carthage seems also to have been originally well contrived with regard to those general forms that have been mentioned. For there were kings in this government, together with a senate, which was vested with aristocratic authority. The people likewise enjoy the exercise of certain powers that were appropriated to them. In a word, the entire frame of the republic very much resembled those of Rome and Sparta. But at the time of the war of Hannibal the Carthaginian constitution was worse in its condition than the Roman. For as nature has assigned to every body, every government,

Their buckler was made of the hide of an ox, and in form was not unlike to those globular dishes which are used in sacrifices. But this was also of too infirm a texture for defense; 73

Ancient History Reader and every action, three successive periods; the first, of growth; the second, of perfection; and that which follows, of decay; and as the period of perfection is the time in which they severally display their greatest strength; from hence arose the difference that was then found between the two republics. For the government of Carthage, having reached the highest point of vigor and perfection much sooner than that of Rome, had now declined from it in the same proportion: whereas the Romans, at this very time, had just raised their constitution to the most flourishing and perfect state. The effect of this difference was, that among the Carthaginians the people possessed the greatest sway in all deliberations, but the senate among the Romans. And as, in the one republic, all measures were determined by the multitude; and, in the other, by the most eminent citizens; of so great force was this advantage in the conduct of affairs, that the Romans, though brought by repeated losses into the greatest danger, became, through the wisdom of their counsels, superior to the Carthaginians in the war.

Carthaginians employ foreign mercenaries; and that on the contrary the Roman armies are composed of citizens, and of the people of the country. Now in this respect the government of Rome is greatly preferable to that of Carthage. For while the Carthaginians entrust the preservation of their liberty to the care of venal troops; the Romans place all their confidence in their own bravery, and in the assistance of their allies. From hence it happens, that the Romans, though at first defeated, are always able to renew the war; and that the Carthaginian armies never are repaired without great difficulty. Add to this, that the Romans, fighting for their country and their children, never suffer their ardor to be slackened; but persist with the same steady spirit till they become superior to their enemies. From hence it happens, likewise, that even in actions upon the sea, the Romans, though inferior to the Carthaginians, as we have already observed, in naval knowledge and experience, very frequently obtain success through the mere bravery of their forces. For though in all such contests a skill in maritime affairs must be allowed to be of the greatest use; yet, on the other hand, the valor of the troops that are engaged is no less effectual to draw the victory to their side.

If we descend to a more particular comparison, we shall find, that with respect to military science, for example, the Carthaginians, in the management and conduct of a naval war, are more skillful than the Romans. For the Carthaginians have derived this knowledge from their ancestors through a long course of ages; and are more exercised in maritime affairs than any other people. But the Romans, on the other hand, are far superior in all things that belong to the establishment and discipline of armies. For this discipline, which is regarded by them as the chief and constant object of their care, is utterly neglected by the Carthaginians; except only that they bestow some little attention upon their cavalry. The reason of this difference is, that the

Now the people of Italy are by nature superior to the Carthaginians and the Africans, both in bodily strength, and in courage. Add to this, that they have among them certain institutions by which the young men are greatly animated to perform acts of bravery. It will be sufficient to mention one of these, as a proof of the attention that is shown by the Roman government, to infuse such a spirit into the citizens as shall lead them to encounter every kind of danger for the sake of obtaining reputation in their country. When any illustrious person dies, 74

Ancient History Reader he is carried in procession with the rest of the funeral pomp, to the rostra in the forum; sometimes placed conspicuous in an upright posture; and sometimes, though less frequently, reclined. And while the people are all standing round, his son, if he has left one of sufficient age, and who is then at Rome, or, if otherwise, some person of his kindred, ascends the rostra, and extols the virtues of the deceased, and the great deeds that were performed by him in his life. By this discourse, which recalls his past actions to remembrance, and places them in open view before all the multitude, not those alone who were sharers in his victories, but even the rest who bore no part in his exploits, are moved to such sympathy of sorrow, that the accident seems rather to be a public misfortune, than a private loss. He is then buried with the usual rites; and afterwards an image, which both in features and complexion expresses an exact resemblance of his face, is set up in the most conspicuous part of the house, inclosed in a shrine of wood. Upon solemn festivals, these images are uncovered, and adorned with the greatest care.

that can be offered to youthful mind, warmed with the love of virtue and of glory. For who can behold without emotion the forms of so many illustrious men, thus living, as it were, and breathing together in his presence? Or what spectacle can be conceived more great and striking? The person also that is appointed to harangue, when he has exhausted all the praises of the deceased, turns his discourse to the rest, whose images are before him; and, beginning with the most ancient of them, recounts the fortunes and the exploits of every one in turn. By this method, which renews continually the remembrance of men celebrated for their virtue, the fame of every great and noble action become immortal. And the glory of those, by whose services their country has been benefited, is rendered familiar to the people, and delivered down to future times. But the chief advantage is, that by the hope of obtaining this honorable fame, which is reserved for virtue, the young men are animated to sustain all danger, in the cause of the common safety. For from hence it has happened, that many among the Romans have voluntarily engaged in single combat, in order to decide the fortune of an entire war. Many also have devoted themselves to inevitable death; some of them in battle, to save the lives of other citizens; and some in time of peace to rescue the whole state from destruction. Others again, who have been invested with the highest dignities have, in defiance of all law and customs, condemned their own sons to die; showing greater regard to the advantage of their country, than to the bonds of nature, and the closest ties of kindred.

And when any other person of the same family dies, they are carried also in the funeral procession, with a body added to the bust, that the representation may be just, even with regard to size. They are dressed likewise in the habits that belong to the ranks which they severally filled when they were alive. If they were consuls or praetors, in a gown bordered with purple: if censors, in a purple robe: and if they triumphed, or obtained any similar honor, in a vest embroidered with gold. Thus appeared, they are drawn along in chariots preceded by the rods and axes, and other ensigns of their former dignity. And when they arrive at the forum, they are all seated upon chairs of ivory; and there exhibit the noblest objects

Very frequent are the examples of this kind, that are recorded in the Roman story. I shall here mention one, as a signal instance, and proof of the truth of all that I have affirmed. Horatius, surnamed Cocles, being engaged 75

Ancient History Reader in combat with two enemies, at the farthest extremity of the bridge that led into Rome across the Tiber, and perceiving that many others were advancing fast to their assistance, was apprehensive that they would force their way together into the city. turning himself, therefore, to his companions that were behind him, he called to them aloud, that should immediately retire and break the bridge. While they were employed in this work, Horatius, covered over with wounds, still maintained the post, and stopped the progress of the enemy; who were struck with his firmness and intrepid courage, even more than with the strength of his resistance. And when the bridge was broken, and the city secured from insult, he threw himself into the river with his armor, and there lost his life as he had designed: having preferred the safety of his country, and the future fame that was sure to follow such an action, to his own present existence, and to the time that remained for him to live. Such is the spirit, and such the emulation of achieving glorious action, which the Roman institutions are fitted to infuse into the minds of youth.

proceeding is a capital crime in Rome. As the rewards, therefore, that are proposed to virtue in the two republics are so different, it cannot but happen, that the attention of the citizens to form their minds to virtuous actions must be also different. But among all the useful institutions, that demonstrate the superior excellence of the Roman government, the most considerable perhaps is the opinion which the people are taught to hold concerning the gods: and that, which other men regard as an object of disgrace, appears in my judgment to be the very thing by which this republic chiefly is sustained. I mean, superstition: which is impressed with all it terrors; and influences both the private actions of the citizens, and the public administration also of the state, in a degree that can scarcely be exceeded. This may appear astonishing to many. To me it is evident, that this contrivance was at first adopted for the sake of the multitude. For if it were possible that a state could be composed of wise men only, there would be no need, perhaps, of any such invention. But as the people universally are fickle and inconstant, filled with irregular desires, too precipitate in their passions, and prone to violence; there is no way left to restrain them, but by the dread of things unseen, and by the pageantry of terrifying fiction. The ancients, therefore, acted not absurdedly, nor without good reason, when they inculcated the notions concerning the gods, and the belief of infernal punishments; but much more those of the present age are to be charged with rashness and absurdity, in endeavoring to extirpate these opinions. For, not to mention effects that flow from such an institution, if, among the Greeks, for example, a single talent only be entrusted to those who have the management of any of the public money; though they give ten written sureties, with as many seals and

In things that regard the acquisition of wealth, the manners also, and the customs of the Romans, are greatly preferable to those of the Carthaginians. Among the latter, nothing is reputed infamous, that is joined with gain. But among the former, nothing is held more base than to be corrupted by gifts, or to covet an increase of wealth by means that are unjust. For as much as they esteem the possession of honest riches to be fair and honorable, so much, on the other hand, all those that are amassed by unlawful arts, are viewed by them with horror and reproach. The truth of this fact is clearly seen in the following instance. Among the Carthaginians, money is openly employed to obtain the dignities of the state: but all such 76

Ancient History Reader twice as many witnesses, they are unable to discharge the trusts reposed in them with integrity. But the Romans, on the other hand, who in the course of their magistracies, and in embassies, disperse the greatest sums, are prevailed on by the single obligation of an oath to perform their duties with inviolable honesty. And as, in other states, a man is rarely found whose hands are pure from public robbery; so, among the Romans, it is no less rare to discover one that is tainted with this crime. But all things are subject to decay and change. This is a truth so evident, and so demonstrated by the perpetual and the necessary force of nature, that it needs no other proof.

remaining in a subject state, will first begin to work the ruin of the republic; arrogance and luxury will afterwards advance it: and in the end the change will be completed by the people; as the avarice of some is found to injure and oppress them, and the ambition of others swells their vanity and poisons them with flattering hopes. For then, being with rage, and following only the dictates of their passions, they no longer will submit to any control, or be contented with an equal share of the administration, in conjunction with their rulers; but will draw to themselves the entire sovereignty and supreme direction of all affairs. When this is done, the government will assume indeed the fairest of all names, that of a free and popular state; but will, in truth, be the greatest of all evils, the government of the multitude.

Now there are two ways by which every kind of government is destroyed; either by some accident that happens from without, or some evil that arises within itself. What the first will be is not always easy to foresee: but the latter is certain and determinate. We have already shown what are the original and what: the secondary forms of government; and in what manner also they are reciprocally converted each into the other. Whoever, therefore, is able to connect the beginning with the end in this enquiry, will be able also to declare with some assurance what will be the future fortune of the Roman government. At least in my judgment nothing is more easy. For when a state, after having passed with safety through many and great dangers, arrives at the highest degree of power, and possesses an entire and undisputed sovereignty; it is manifest that the long continuance of prosperity must give birth to costly and luxurious manners, and that the minds of men will be heated with ambitious contest, and become too eager and aspiring in the pursuit of dignities. And as these evils are continually increased, the desire of power and rule, and the imagined ignominy of

As we have thus sufficiently explained the constitution and the growth of the Roman government; have marked the causes of that greatness in which it now subsists; and shown by comparison, in what view it may be judged inferior, and in what superior, to other states; we shall here close this discourse. But as every skillful artist offers some piece of work to public view, as a proof of his abilities: in the same manner we also, taking some part of history that is connected with the times from which we were led into this digression and making a short recital of one single action, shall endeavor to demonstrate by fact as well as words what was the strength, and how great the vigor, which at that time were displayed by this republic. When Hannibal, after the battle of Cannae, had taken prisoners eight thousand of the Romans, who were left to guard the camp; he permitted them to send a deputation to Rome, to treat of their ransom and redemption. Ten persons, the most 77

Ancient History Reader illustrious that were among them, were appointed for this purpose: and the general, having first commanded them to swear that they would return to him again, suffered them to depart. But one of the number, as soon as they had passed the entrenchment, having said that he had forgotten something, went back into camp, took what he had left, and then continued his journey with the rest; persuading himself that by his return he had discharged his promise, and satisfied the obligation of the oath. When they arrived at Rome, they earnestly entreated the senate not to envy them the safety that was offered, but to suffer them to be restored to their families, at the price of three minae for each prisoner, which was the sum that Hannibal demanded; that they were not unworthy of this favor; that they neither had through cowardice deserted their post in battle, nor done anything that had brought dishonor upon the Roman name; but that having been left to guard the camp, they had been thrown by unavoidable necessity, after the destruction of the rest of the army, into the power of the enemy.

this request, that they showed no regard either to the distressed condition of their fellow citizens, or to the services that might be expected from the prisoners: but resolved to disappoint the hopes and frustrate the intentions of this general, by rejecting all terms of ransom. They made a law also, by which it was declared that the soldiers that were left must either conquer or must die; and that no other hope of safety was reserved for them, in case that they were conquered. After this determination they dismissed the nine deputies, who, on account of their oath were, willing to return, and taking the other, who had endeavored to elude by sophistry what he had sworn, they sent him bound back to the enemy; so that Hannibal was much less filled with joy from having vanquished the Romans in the field, than he was struck with terror and astonishment at the firmness and magnanimity what appeared in their deliberations.

The Romans were at this time weakened by repeated losses; were deserted by almost every one of their allies; and seemed even to expect that Rome itself would instantly be attacked; yet when they had heard the deputies, they neither were deterred by adverse fortune from attending to what was fit and right, nor neglected any of those measures that were necessary to the public safety. But perceiving that the design of Hannibal in this proceeding was both to acquire a large supply of money and at the same time to check the ardor of his enemies in battle, by opening to their view the means of safety, even though they should be conquered, they were so far from yielding to

VITRUVIUS: ON ARCHITECTURE

Please read Book 1, Preface and Chapter 1 here and ALL of Book 5: 78

Ancient History Reader memory of those who are to come after them.1 5 Indeed it is through this very service that many men of later times strive after virtue, by emulating the honours of those who have preceded them, and, because they cannot endure censure, are quite likely to shun the basest practices. And the reason why I have made this preface I shall forthwith disclose.

(http://penelope.uchicago.edu/Thayer/E/Ro man/Texts/Vitruvius/home.html) PROCOPIUS, BUILDINGS

http://penelope.uchicago.edu/Thayer/E/Rom an/Texts/Procopius/Buildings/home.html

6 In our own age there has been born the Emperor Justinian, who, taking over the State when it was harassed by disorder, has not only made it greater in extent, but also much more illustrious, by expelling from it those barbarians who had from of old pressed hard upon it, as I have made clear in detail in the Books on the Wars. 7 Indeed they say that Themistocles, the son of Neocles, once boastfully said that he did not lack the ability to make a small state large. 8 But this Sovereign does not lack the skill to produce completely transformed states â&#x20AC;&#x201D; witness the way he has already added to the Roman domain many states which in his own times had belonged to others, and has created countless cities which did not exist before. 9 And finding that the belief in God was, before his time, straying into errors and being forced to go in many directions, he completely destroyed all the paths leading to such errors, and brought it about that it stood on the firm foundation p7of a single faith.2 10 Moreover, finding the laws obscure because they had become far more numerous than they should be, and in obvious confusion because they disagreed with each other, he preserved them by cleansing them of the mass of their verbal trickery, and by controlling their discrepancies with the greatest firmness; as for those who plotted against him, he of his own volition dismissed the charges against them, causing those who were in want to have a surfeit of wealth, and crushing the

BOOK 1, CHAPTER 1 1 1 It is not because I wish to make a display of skill, nor through any confidence in my eloquence, nor because I pride myself on my personal knowledge of many lands, that I have set about writing this record; for indeed I had no grounds for venturing so bold an intention. 2 Yet the thought has many times occurred to me, how many and how great are the benefits which are wont to accrue to states through History, which transmits to future generations the memory of those who have gone before, and resists the steady effort of time to bury events in oblivion; and while it incites to virtue those who from time to time may read it by the praise it bestows, it constantly assails vice by repelling its influence. 3 Wherefore our concern must be solely this â&#x20AC;&#x201D; that all the deeds of the past shall be clearly set forth, and by what man, whosoever he might be, they were wrought. And this, I believe, is not an impossible task, even for a lisping and thin-voiced tongue. 4 Apart from all this, history shews that subjects who have received benefits have proved themselves grateful toward their benefactors, and that they have repaid them with p5thankofferings in generous measure, seeing that, while they have profited, it may be, for the moment only by the beneficence of their rulers, they nevertheless preserve their sovereigns' virtue imperishable in the 79

Ancient History Reader spiteful fortune that oppressed them, he wedded the whole State to a life of prosperity. 11 Furthermore, he strengthened the Roman domain, which everywhere lay exposed to the barbarians, by a multitude of soldiers, and by constructing strongholds he built a wall along all its remote frontiers.

17 But now we must proceed, as I have said, to the subject of the buildings of this Emperor, so that it may not come to pass in the future that those who see them refuse, by reason of their great number and magnitude, to believe that they are in truth the works of one man. 18 For already many works of men of former times which are not vouched for by a written record have aroused incredulity because of their surpassing merit. And with good reason the buildings in Byzantium, beyond all the rest, will serve as a foundation for my narrative. 19 For "o'er a work's beginnings," as the old saying has it,7 "we needs must set a front that shines afar."

12 However, most of the Emperor's other achievements have been described by me in my other writings,3 so that the subject of the present work will be the benefits which he wrought as a builder. They do indeed say that the best king of whom we know by tradition was the Persian Cyrus, and that he was chiefly responsible for the founding of the kingdom of Persia for the people of his race. 13 But whether that Cyrus was in fact such a man as he whose education from childhood up is described by Xenophon the Athenian, I have no means of knowing. 14 For it may well be that the skill of the writer of that description was quite capable, such was his exquisite eloquence, of coming to be a mere embellishment of the facts.a p915 But in the case of the king of our times, Justinian (whom one would rightly, I think, call a king by nature as well as by inheritance, since he is, as Homer says,4 "as gentle as a father"), if one should examine his reign with care, he will regard the rule of Cyrus as a sort of child's play.5 16 The proof of this will be that the Roman Empire, as I have just said, has become more than doubled both in area and in power generally, while, on the other hand, those who treacherously formed the plot6 against him, going so far even as to plan his assassination, are not only living up to the present moment, and in possession of their own property, even though their guilt was proved with absolute certainty, but are actually still serving as generals of the Romans, and are holding the consular rank to which they had been appointed.

20 Some men of the common herd, all the rubbish of p11the city, once rose up against the Emperor Justinian in Byzantium, when they brought about the rising called the Nika Insurrection, which has been described by me in detail and without any concealment in Books on the Wars.8 21 And by way of shewing that it was not against the Emperor alone that they had taken up arms, but no less against God himself, unholy wretches that they were, they had the hardihood to fire the Church of the Christians, which the people of Byzantium call "Sophia,"9 an epithet which they have most appropriately invented for God, by which they call His temple; and God permitted them to accomplish this impiety, foreseeingยบ into what an object of beauty this shrine was destined to be transformed. 22 So the whole church at that time lay a charred mass of ruins. But the Emperor Justinian built not long afterwards a church10 so finely shaped,11 that if anyone had enquired of the Christians before the burning if it would be their wish that the church should be destroyed and one like this should take its place, shewing them some sort of model of the building we now see, it seems to me that 80

Ancient History Reader they would have prayed that they might see their church destroyed forthwith, in order that the building might be converted into its present form. 23 At any rate the Emperor, disregarding all questions of expense, eagerly pressed on to begin the work of construction, and began to gather all the artisans from the whole world. 24 And Anthemius of Tralles, the most learned man in the skilled craft which is known as the art of building,12 not only of all his contemporaries, p13but also when compared with those who had lived long before him, ministered to the Emperor's enthusiasm, duly regulating the tasks of the various artisans, and preparing in advance designs of the future construction; and associated with him with another master-builder, Isidorus by name, a Milesian by birth, a man who was intelligent and worthy to assist the Emperor Justinian. 25 Indeed this also was an indication of the honour in which God held the Emperor, that He had already provided the men who would be most serviceable to him in the tasks which were waiting to be carried out. 26 And one might with good reason marvel at the discernment of the Emperor himself, in that out of the whole world he was able to select the men who were most suitable for the most important of his enterprises.13

28 Both its breadth and its length have been so carefully proportioned, that it may not improperly be said to be exceedingly long and at the same time unusually broad. And it exults in an indescribable beauty. p1729 For it proudly reveals its mass and the harmony of its proportions, having neither excess nor deficiency, since it is both more pretentious than the buildings to which we are accustomed, and considerably more noble than those which are merely huge, and it abounds exceedingly in sunlight and in the reflection of the sun's rays from the marble. 30 Indeed one might say that its interior is not illuminated from without by the sun, but that the radiance comes into being within it, such an abundance of light bathes this shrine. 31 And the face itself of the church (which would be the part which faces the rising sun, that portion of the building in which they perform the mysteries in worship of God) was constructed in the following manner. 32 A structure of masonry (oikodomia) is built up from the ground, not made in a straight line, but gradually curving inward on its flanks and receding at the middle, so that it forms the shape of half a circle, which those who are skilled in such matters call a half-cylinder (hĂŞmikylindron); and so it rises precipitously to a height.15 33 The upper part of this structure ends in the fourth part of a sphere (sphaira), and above it another crescent-shaped (mĂŞnoeides) structure rises, fitted to the adjoining parts of the building, marvellous in its grace, but by reason of the seeming insecurity of its composition altogether terrifying. 34 For it seems somehow to float in the air on no firm basis, but to be poised aloft to the peril of those inside it. Yet actually it is braced with exceptional firmness and security. 35 On either side of this are columns arranged on the pavement; these likewise do not p19stand in a straight

27 So the church has become a spectacle of marvellous beauty, overwhelming to those who see it, but to those who know it by hearsay altogether incredible.14 For it soars to a height to match the sky, and as if surging up from amongst the other buildings it stands on high and looks down upon the remainder of the city, adorning it, because it is a part of it, but glorying in its own beauty, because, though a part of the city and dominating it, it at the same time towers above it to such a height that the whole city is viewed from there as from a watch-tower. 81

Ancient History Reader line, but they retreat inward in the pattern of the semicircle (hêmikyklon) as if they were yielding to one another in a choral dance, and above them hangs a structure of crescent shape (mênoeides). 36 And on the side opposite the east is reared a wall containing the entrances (eisodoi), and on either side of this there stand in a semicircle (hêmikyklon) not only the columns themselves but also the structure above them, all this being very similar to the columns and structure I have just described. 37 And in the centre of the church stand four man-made eminences (lophoi), which they call piers (pessoi), two on the north side and two on the south, opposite and equal to each other, each pair having between them just four columns.16 38 The piers (lophoi) are composed of huge stones joined together, carefully selected and skilfully fitted to one another by the masons, and rising to a great height. One might suppose that they were sheer mountainpeaks. 39 From these spring four arches (apsides) which rise over the four sides of a square, and their ends come together in pairs and are made fast to each other on top of these piers (lophoi), while the other portions rise and soar to an infinite height. 40 And while two of the arches rise over empty air, those namely on the east and the west sides, the other two have under them certain structural elements (oikodomia), including p21a number of rather small columns. 41 Upon the crowns of the arches rests a circular structure (kykloterês oikodomia), cylindrical (strongylon) in shape; it is through this that the light of day always first smiles. 42 For it towers above the whole earth, as I believe, and the structure is interrupted at short intervals, openings having been left intentionally, in the spaces where the perforation of the stone-work takes place, to be channels for the admission of light in sufficient measure. 43 And since the arches where they are joined together are

so constructed as to form a four-cornered plan, the stonework between the arches produces four triangles (trigôna).17 44 And while each supporting end (krêpis) of a triangle, having been contracted to a point by the coming together of each pair of arches, makes the lower point an acute angle, yet as the triangle rises and its width is extended by the intermediate surface, 45 it ends in the segment of a circle (kykloterês) which it supports, and forms the remaining angles18 at that level. And upon this circle rests the huge spherical dome (sphairoeidês tholos) which makes the structure exceptionally beautiful. 46 Yet it seems not to rest upon solid masonry, but to cover the space with its golden dome (sphaira) suspended from Heaven. 47 All these details, fitted together with incredible skill in mid-air and floating off from each other and resting only on the parts next to them, produce a single and most extraordinary harmony in the work, and yet do not permit the spectator to linger much over the study of any one of them, but each detail attracts the eye and draws it on irresistibly to itself. 48 So the vision p23constantly shifts suddenly, for the beholder is utterly unable to select which particular detail he should admire more than all the others. 49 But even so, though they turn their attention to every side and look with contracted brows upon every detail, observers are still unable to understand the skilful craftsmanship, but they always depart from there overwhelmed by the bewildering sight. So much, then, for this. 50 It was by many skilful devices that the Emperor Justinian and the master-builder Anthemius and Isidorus secured the stability of the church, hanging, as it does, in mid-air. Some of these it is both hopeless for me to understand in their entirety, and impossible to explain in words; I shall record only one 82

Ancient History Reader of them for the present, from which it should be possible to gain an impression of the strength of the whole work. 51 It is as follows: The piers (lophoi) which I have just mentioned are not constructed in the same way as other structures, but in the following manner. The courses of stone were laid down so as to form a four-cornered shape, 52 the stones being rough by nature but worked smooth; and they were cut to the angles when they were destined to form the projecting corners of the sides of the pier, but when they chanced to be assigned to a position between the angles, they were cut in rectangles (tetrapleuron).19 53 These were held together neither by lime (titanos), which they call "asbestus",20 nor by asphalt, the material which was the pride of Semiramis in Babylon,21 nor by any other such thing, p25but by lead (molibdos) poured into the interstices (telma), which flowed about everywhere in the spaces between the stones and hardened in the joints (harmonia), binding them to each other.22 54 Thus were these parts constructed; but let us proceed to the remaining portions of the church.

distinguish them, nor do they differ from one another in any way, but their very equality serves to beautify the church, and p27their similarity to adorn it. 58 But who could fittingly describe the galleries (hyperôa) of the women's side (gynaikonitis), or enumerate the many colonnades and the colonnaded aisles (peristyloi aulai) by means of which the church is surrounded? 59 Or who could recount the beauty of the columns (kiones) and the stones with which the church is adorned? One might imagine that he had come upon a meadow with its flowers in full bloom. 60 For he would surely marvel at the purple of some, the green tint of others, and at those on which the crimson glows and those from which the white flashes, and again at those which Nature, like some painter, varies with the most contrasting colours. 61 And whenever anyone enters this church to pray, he understands at once that it is not by any human power or skill, but by the influence of God, that this work has been so finely turned. And so his mind is lifted up toward God and exalted, feeling that He cannot be far away, but must especially love to dwell in this place which He has chosen. 62 And this does not happen only to one who sees the church for the first time, but the same experience comes to him on each successive occasion, as though the sight were new each time. 63 Of this spectacle no one has ever had a surfeit, but when present in the church men rejoice in what they see, and when they leave it they take proud delight in conversing about it. 64 Furthermore, concerning the treasures of this church — the vessels of gold and silver and the works in precious stones, which the Emperor Justinian has dedicated here — it is impossible to give a precise account of them all. But I shall allow my readers to form a judgment by a single example. 65 That part of the shrine which is p29especially sacred,

The whole ceiling is overlaid with pure gold,b which adds glory to the beauty, yet the light reflected from the stones prevails, shining out in rivalry with the gold. 55 And there are two stoa-like colonnades (stoai),23 one on each side, not separated in any way from the structure of the church itself, but actually making the effect of its width greater,24 and reaching along its whole length, to the very end, while in height they are less than the interior of the building. 56 And they too have vaulted ceilings (orophê tholos) and decorations of gold. One of these two colonnaded stoas has been assigned to men worshippers, while the other is reserved for women engaged in the same exercise. 57 But they have nothing to 83

Ancient History Reader where only priests may enter, which they call the Inner Sanctuary (thysiast锚rion), is embellished with forty thousand pounds' weight of silver.

instructions, and the whole arch then hung secure, sealing by experiment the truth of his idea. 74 Thus, then, was this arch completed; but in the process of building the other arches, indeed, those namely which are turned toward the south and the north, the following chanced to take place. 75 The so-called l么ri had been raised up, carrying the masonry of the church, but everything underneath was labouring under their load, making the columns (kiones) which stood there throw off tiny flakes, as if they had been planed. 76 So once more the masterbuilders were dismayed at what had happened and reported their problem to the Emperor. 77 And again the Emperor met the situation with a remedy, as follows. He ordered them immediately to remove the upper parts (akra) of the masonry which were strained, that is, the portions which came into contact with the arches, and to put them back much later, as soon as the dampness of the masonry should abate enough to bear them. 78 These instructions they carried out, and thereafter the structure stood p33secure.27 And the Emperor, in this way, enjoys a kind of testimonial from the work.

66 So the church of Constantinople (which men are accustomed to call the Great Church), speaking concisely and merely running over the details with the finger-tips, as it were, and mentioning with a fleeting word only the most notable features, was constructed in such a manner by the Emperor Justinian. 67 But it was not with money alone that the Emperor built it, but also with labour of the mind and with the other powers of the soul, as I shall straightway shew. 68 One of the arches which I just now mentioned (l么ri25 the master-builders call them), the one which stands toward the east, had already been built up from either side, but it had not yet been wholly completed in the middle, and was still waiting. 69 And the piers (pessoi), above which the structure was being built, unable to carry the mass which bore down upon them, somehow or other suddenly began to crack, and they seemed on the point of collapsing. 70 So Anthemius and Isidorus, terrified at what had happened, carried the matter to the Emperor, having come to have no hope in their technical skill. 71 And straightway the Emperor, impelled by I know not what, but I suppose by God (for he is not himself a master-builder), commanded them to carry the curve of this arch to its final completion. "For when it rests upon itself," he said, "it will no longer need p31the props (pessoi) beneath it."26 72 And if this story were without witness, I am well aware that it would have seemed a piece of flattery and altogether incredible; but since there are available many witnesses of what then took place, we need not hesitate to proceed to the remainder of the story. 73 So the artisans carried out his

BOOK 2.1 (FORTIFICATIONS AND CITIES IN THE PERSIAN EMPIRE) 1 1 All the new churches which the Emperor Justinian built both in Constantinople and in its suburbs, and all those which, having been ruined by the passage of time, he restored, as well as all the other buildings which he erected here, have been described in the preceding Book. 2 From this point we must proceed to the defences with which he surrounded the farthest limits of the territory of the Romans. Here indeed my narrative will be constrained to halt painfully and to labour with an impossible subject. 3 For it is 84

Ancient History Reader not the pyramids which we are about to describe, those celebrated monuments of the rulers of Egypt, on which labour was expended for a useless show,a but rather all the fortifications whereby this Emperor preserved the Empire, walling it about p99and frustrating the attacks of the barbarians on the Romans. And it seems to me not amiss to start from the Persian frontier.

great p101haste, not having made it fit to withstand the enemy, but raising it only to such a height as was barely necessary; indeed they did not even lay the stones themselves carefully, or fit them together as they should, or bind them properly at the joints with mortar. 10 So within a short time, since the towers could not in any way withstand the snows and the heat of the sun because of their faulty construction, it came about that the most of them fell into ruin. So were the earlier walls built at the city of Daras.2

4 When the Persians retired from the territory of the Romans, selling to them the city of Amida, as I have related in the Books on the Wars,1 the Emperor Anastasius selected a hitherto insignificant village close to the Persian boundary, Daras by name, and urgently set about enclosing it with a wall and making it into a city which should serve as a bulwark against the enemy. 5 But since it was forbidden in the treaty which the Emperor Theodosius once concluded with the Persian nation, that either party should construct any new fortress on his own land where it bordered on the boundaries of the other nation, the Persians, citing the terms of the peace, tried with all their might to obstruct the work, though they were hard pressed by being involved in a war with the Huns. 6 So the Romans, observing that they were for this reason unprepared, pressed on the work of building all more keenly, being anxious to get ahead of the enemy before they should finish their struggle with the Huns and come against them. 7 Consequently, being fearful by reason of suspicion of the enemy, and continually expecting their attacks, they did not carry out the building with care, since the haste inspired by their extreme eagerness detracted from the stability of their work. 8 For stability is never likely to keep company with speed, nor is accuracy wont to follow swiftness. 9 They therefore carried out the construction of the circuit-wall in

11 The Emperor Justinian perceived that the Persians, as far as lay in their power, would not permit this outpost of the Romans, which was a menace to them, to stand there, but they would of course assault it with all their might, and would use every device to conduct siege operations on even terms with the city; and that a great number of elephants would come with them, and these would bear wooden towers on their shoulders, under which they would stand, supporting them like foundations; and worse still, that they would be led about wherever the enemy needed them and would bear a fortress which would follow along wherever, according to the judgement of their masters, it should happen to be needed; 21 and that the enemy would mount these towers and shoot down upon the heads of the Romans inside the city, and attack them from a higher level; that, furthermore they would raise up artificial mounds against them, and would bring up all manner of siege-engines. 13 And if any misfortune should befall the city of Daras, which was thrown out like an earthwork before the whole Roman Empire and was obviously placed as a threat to the enemy's land, the disaster for us would p103not stop there, but a great part of the State would be seriously shaken. For these reasons he wished to surround the place with 85

Ancient History Reader defences in keeping with its practical usefulness.

in the neighbourhood watching their opportunity and continually scouting to see whether they might not find some part of the defences dismantled at any time. But he hit upon the following plan. 19 He left these towers in place, and outside each of them he cleverly erected another structure in the form of a rectangle, which was built securely and with every possible care, and thus, by means of a second set of defences, he safely enclosed those parts of the wall which had suffered. 20 But one of the towers, called the "Tower of the Guard," he pulled down at a favourable moment and rebuilt so that it was safe, and everywhere he removed the fear which had arisen from the weakness of the circuit-wall. 21 He also wisely added sufficient height, in due proportion, to the outworks. 22 And outside these he dug a moat, not in the way in which men are wont to make them, but only for a short distance and in a novel manner; and the reason for this I shall explain.

14 First of all he rendered the wall (which, as I have said, was very low and therefore very easy for an enemy to assault) both inaccessible and wholly impregnable for an attacking force.3 15 For he contracted the original apertures of the battlements by inserting stones and reduced them to very narrow slits, leaving only traces of them in the form of tiny windows, and allowing them to open just enough for a hand to pass through, so that outlets were left through which arrows could be shot against assailants. 16 Then above these he added to the wall a height of â&#x20AC;˘about thirty feet,4 not building the addition upon the whole thickness of the wall, lest the foundations should be overloaded by the excessive weight which bore upon them, so that the whole work would suffer some irreparable damage, but he enclosed the space at that level with courses of stones on the outside and constructed a colonnaded stoa (stoa) running all around the wall, and he placed the battlements above this portico, so that the wall really had a double roof throughout; and at the towers there were actually three levels for the men who defended the wall and repelled attacks upon it. 17 For at about the middle of each tower he added a rounded structure (sphairikon schĂŞma) upon which he placed additional battlements, thus making the wall three-storeyed.

23 The greater part of the defences, as it happens, are in general unapproachable for an attacking party, since they do not stand on level ground and offer no favourable opportunity for assault to an approaching force; but they stand along a steep slope of a rough and precipitous character, where it is not possible for a mine to be dug or for any attack to be made. 24 But on the side which is turned toward south, the soil is deep and soft and consequently easy to mine, so that it makes the city assailable on this side. 25 So in p109that place he dug a crescent-shaped moat, with sufficient breadth and depth and extending to a great distance, and joined either end of this to the outworks and filled it amply with water, rendering it altogether impassable for the enemy; and on its inner side he set up another outwork. On this the Romans take their stand and keep guard in time of siege, freed from anxiety for the

p107 18 Then he observed that it had come about that many of the towers, as I have said, had fallen into ruin in a short time, yet it was entirely out of the question to pull them down, since the enemy were constantly 86

Ancient History Reader circuit-wall and the other outwork which is thrown out before the main wall. 26 And it happened that between the main wall and the outwork, at the gate which faces toward the village of Ammodius,5 there lay a great mound of earth, under cover of which the enemy were able to be in large measure unobserved while making mines against the city under the circuit-wall. 27 This mound he removed from the spot and he cleared up the place thoroughly, and thus frustrated any secret attack on the wall by the enemy.

prosperity the population of Baghdad and its suburbs amounted to over two millions! The palace of the Caliph stood in the midst of a vast park several hours in circumference which beside a menagerie and aviary comprised an inclosure for wild animals reserved for the chase. The palace grounds were laid out with gardens, and adorned with exquisite taste with plants, flowers, and trees, reservoirs and fountains, surrounded by sculptured figures. On this side of the river stood the palaces of the great nobles. Immense streets, none less than forty cubits wide, traversed the city from one end to the other, dividing it into blocks or quarters, each under the control of an overseer or supervisor, who looked after the cleanliness, sanitation and the comfort of the inhabitants.

ISLAM YAKUT: BAGHDAD UNDER THE ABBASIDS, C. 1000 CE

http://www.fordham.edu/halsall/source/1000 baghdad.asp [Introduction (adapted from Davis)]

The water exits both on the north and the south were like the city gates, guarded night and day by relays of soldiers stationed on the watch towers on both sides of the river. Every household was plentifully supplied with water at all seasons by the numerous aqueducts which intersected the town; and the streets, gardens and parks were regularly swept and watered, and no refuse was allowed to remain within the walls. An immense square in front of the imperial palace was used for reviews, military inspections, tournaments and races; at night the square and the streets were lighted by lamps.

Baghdad "the city of the Arabian nights" was founded in 764 CE. by the Abbasid Caliph Al-Mansur. It was in its prime about 800 CE., during the reign of the famous caliph Harun-al-Rashid. What this city which represented the crown of Medieval Muslim civilization - resembled, is told by an author who saw Baghdad in its glory. Yakut: Geographical Encyclopedia: The city of Baghdad formed two vast semicircles on the right and left banks of the Tigris, twelve miles in diameter. The numerous suburbs, covered with parks, gardens, villas and beautiful promenades, and plentifully supplied with rich bazaars, and finely built mosques and baths, stretched for a considerable distance on both sides of the river. In the days of its

There was also a vast open space where the troops whose barracks lay on the left bank of the river were paraded daily. The long wide estrades at the different gates of the city were used by the citizens for gossip and 87

Ancient History Reader recreation or for watching the flow of travelers and country folk into the capital. The different nationalities in the capital had each a head officer to represent their interests with the government, and to whom the stranger could appeal for counsel or help. Baghdad was a veritable City of Palaces, not made of stucco and mortar, but of marble. The buildings were usually of several stories. The palaces and mansions were lavishly gilded and decorated, and hung with beautiful tapestry and hangings of brocade or silk. The rooms were lightly and tastefully furnished with luxurious divans, costly tables, unique Chinese vases and gold and silver ornaments. Both sides of the river were for miles fronted by the palaces, kiosks, gardens and parks of the grandees and nobles, marble steps led down to the water's edge, and the scene on the river was animated by thousands of gondolas, decked with little flags, dancing like sunbeams on the water, and carrying the pleasure-seeking Baghdad citizens from one part of the city to the other. Along the wide-stretching quays lay whole fleets at anchor, sea and river craft of all kinds, from the Chinese junk to the old Assyrian raft resting on inflated skins. The mosques of the city were at once vast in size and remarkably beautiful. There were also in Baghdad numerous colleges of learning, hospitals, infirmaries for both sexes, and lunatic asylums.