Regulations are made to provide for the case where a slave, sold by his master, is found to be distempered or mad, or to have committed a murder. If the sale has been made to a physician or a gymnast, Plato holds that these persons ought to judge for themselves about the bodily condition of the slave bought: he therefore grants them no redress. But if the buyer be a non-professional man, he may within one month restore the distempered slave (or within one year, if the distemper be the Morbus Sacer), and may cause a jury of physicians to examine the case. Should they decide the distemper of the slave to be undoubted, the seller must take him back: repaying the full price, if he be a private man — double the price, if he be a professional man, who ought to have known, and perhaps did know, the real condition of the slave sold.[416]
[416] Plato, Legg. xi. p. 916 B-C.
Retailers. Strict regulations about them. No citizen can be a retailer.
In regard to Retail Selling, and to frauds committed either in sale or in barter, Plato provides or enjoins strict regulations. The profession of the retailer, and the function of money as auxiliary to it, he pronounces to be useful and almost indispensable to society, for the purpose of rendering different articles of value commensurable with each other, and of ensuring a distribution suitable to the requirements of individuals. This could not be done without retailers, merchants, hired agents, &c.[417] But though retailing is thus useful, if properly conducted, it slides easily and almost naturally into cheating, lying, extortion, &c., from the love of money inherent in most men. Such abuses must be restrained: at any rate they must not be allowed to corrupt the best part of the community. Accordingly, none of the 5040 citizens will be allowed either to practise retailing, or to exercise any hired function, except under his own senior relatives, and of a dignified character. The discrimination of what is dignified and not dignified must be made according to the liking or antipathy of a court of honour, composed of such citizens as have obtained prizes for virtue.[418] None must be permitted to sell by retail except metics or non-citizens: and these must be kept under strict watch by the Nomophylakes, who, after enquiring into the details of each article, will fix its price at such sum as will afford to the dealer a moderate profit.[419]
[417] Plato, Legg. xi. p. 918 B. The like view of retail trade is given in the Republic, ii. p. 371. It indicates just and penetrating social observation, taken in reference to Plato’s age.
[418] Plato, Legg. xi. pp. 918-919. 919 E: τὸ δ’ ἐλευθερικὸν καὶ ἀνελεύθερον ἀκριβῶς μὲν οὐ ῥᾴδιον νομοθετεῖν, κρινέσθω γε μὴν ὑπὸ τῶν τὰ ἀριστεῖα εἰληφότων τῷ ἐκείνων μίσει τε καὶ ἀσπασμῷ.
[419] Plato, Legg. xi. p. 920 B-C.
Frauds committed by sellers — severe punishments on them.
If there be any fraud committed by the seller (which is nearly akin to retailing),[420] Plato prescribes severe penalty. The seller must never name two prices for his article during the same day. He must declare his price: and if no one will give it, he must withdraw the article for the day.[421] He is not allowed to praise his own articles, or to take any oath respecting them. If he shall take any oath, any citizen above thirty years of age shall be held bound to thrash him, and may do so with impunity: such citizen, if he neglect to thrash the swearer, will himself be amenable to censure for betraying the laws. If the seller shall sell a spurious or fraudulent article, the magistrates must be informed of it by any one cognizant. The informer, if a slave or a metic, shall be rewarded by having the article made over to him. If he be a citizen, he will receive the article, but is bound to consecrate it to the Gods who preside over the market: if being cognizant he omits to inform, he shall be proclaimed a wicked man, for defrauding the Gods of that to which they are entitled. The magistrates, on receiving information, will not only deprive the seller of the spurious article, but will cause him to be flogged by the herald in the market-place — one stripe for every drachma contained in the price demanded. The herald will publicly proclaim the reason why the flogging is given. Besides this, the magistrates will collect and write up in the market-place both regulations of detail for the sellers, and information to put buyers on their guard.[422]
[420] Plato, Legg. xi. p. 920 C. τῆς κιβδηλείας πέρι, ξυγγενοῦς τούτῳ (καπηλείᾳ) πράγματος, &c.