921cfails to pay him his wage duly according to the legal agreement, and sets at naught Zeus, the Patron of the State, and Athena, who are partners in the constitution,—thereby dissolving great partnerships through love of a little gain,—then, with the help of the gods, this law shall lend aid to the bonds that unite the State:—Whosoever has previously received the work ordered and fails to pay the price within the period agreed shall be bound to pay double the price; and if a year have elapsed, although all other
921dmonies on loan are barren, note this man shall pay as interest one obol on each drachma for every month note of arrears; and actions for these cases shall take place before the tribal courts. And now that we have made mention of craftsmen in general, it is right to allude in passing to those whose craft is military security, that is to say, military commanders and all experts in such matters. As to the former craftsmen, so to these men, as craftsmen of another sort,—whenever any of them, either voluntarily or under orders,
921eundertakes any public work and executes it well,—whosoever shall duly pay to these men those honors which are the soldier's wages, him the law will never weary of lauding; but if he has previously received some noble work of a military kind and fails to pay for it, the law will blame him. So, touching this matter, let there be laid down this law, coupled with laudation,—a law which counsels rather than compels
922athe mass of citizens to honor as second in merit those brave men who, either by bold deeds or by military devices, are protectors of the State; for first in merit come those on whom the greatest reward must be bestowed—namely, those who have proved themselves able pre-eminently to honor the written code of the good lawgivers. note We have now made regulations for most of the more important business dealings between man and man, excepting those regarding orphans and the care of orphans by their guardians; so, after those now dealt with, these matters must necessarily receive some kind of regulation.
922bAll these have their starting-points either in the desire of those at the point of death to devise their property, or in the accidental cases of those who die without making a testament; and it was in view of the complex and difficult nature of these cases, Clinias, that I made use of the word “necessarily.” And it is, indeed, impossible to leave them without regulation; for individuals might set down many wishes both at variance with one another and contrary to the laws as well as to the dispositions of the living, and also to their own former dispositions in the days before they proposed making a will,
922cif any will that a man makes were to be granted absolute and unconditional validity, no matter what his state of mind at the end of his life. For most of us are more or less in a dull and enfeebled state of mind, when we imagine that we are nearly at the point of death.Clinias
What do you mean by this, Stranger?
Athenian
A man at the point of death, Clinias, is a difficult subject, and overflowing with speech that is most alarming and vexatious to a lawgiver.
Clinias
How so?
Athenian
Since he claims to be lord of all he has, he is wont
922dto speak angrily.Clinias
What will he say?
Athenian
“Good heavens!” he cries, “what a monstrous shame it is, if I am not to be allowed at all to give, or not give, my own things to whomsoever I will—and more to one, less to another, according as they have proved themselves good to me or bad, when fully tested in times of sickness, or else in old age and in other happenings of every kind.”
Clinias
And do you not think, Stranger, that what they say is right?
922eAthenian
What I think, Clinias, is this—that the old lawgivers were cowardly, and gave laws with a short view and a slight consideration of human affairs.
Clinias
How do you mean?
Athenian
It was through fear, my dear sir, of that angry speech that they made the law allowing a man unconditionally to dispose by will of his goods exactly how he pleases.
923aBut you and I will make a more suitable answer to those in your State who are at the point of death.Clinias
In what way?
Athenian
O friends, we will say, for you, who are literally but creatures of a day, it is hard at present to know your own possessions and, as the Pythian oracle declares, note your own selves, to boot. So I, as lawgiver, make this ruling—that both yourself and this your property are not your own, but belong to the whole of your race, both past and future, and that still more truly does all your race and its property belong to the State;
923band this being so, I will not willingly consent if anyone persuades you to make a will contrary to what is best, by fawning on you and helping you when afflicted by disease or age; rather will I legislate with a general view to what is best for your whole race and State, justly accounting of minor importance the interest of the individual. May it be that you will feel kindly disposed and at peace with us as you journey towards that bourne whither, by the natural law of our human life, you now are traveling: the rest of your affairs
