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salary and not elected by lot, and any similar points, such as the
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 Lacedaemon,
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. 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 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. The
legislator should see to this and should not appoint the same person
to be a flute-player and a shoemaker. Hence, where the state is large,
it is more in accordance both with constitutional and with democratic
principles that the offices of state should be distributed among many
persons. For, as I said, this arrangement is fairer to all, and any
action familiarized by repetition is better and sooner performed. We
have a proof in military and naval matters; the duties of command and
of obedience in both these services extend to all.
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.
Such is the character of the Lacedaemonian, Cretan, and Carthaginian
constitutions, which are justly celebrated.
Part XII
Of those who have treated of governments, some have never taken any
part at all in public affairs, but have passed their lives in a
private station; about most of them, what was worth telling has been
already told. Others have been lawgivers, either in their own or in
foreign cities, whose affairs they have administered; and of these
some have only made laws, others have framed constitutions; for
example, Lycurgus and Solon did both. Of the Lacedaemonian
constitution I have already spoken. As to Solon, he is thought by some

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