第93章 BOOK IX(2)

Touching the exaction of penalties,when a man appears to have done anything which deserves a fine,he shall pay the fine,if he have anything in excess of the lot which is assigned to him;but more than that he shall not pay.And to secure exactness,let the guardians of the law refer to the registers,and inform the judges of the precise truth,in order that none of the lots may go uncultivated for want of money.But if any one seems to deserve a greater penalty,let him undergo a long and public imprisonment and be dishonoured,unless some of his friends are willing to be surety for him,and liberate him by assisting him to pay the fine.No criminal shall go unpunished,not even for a single offence,nor if he have fled the country;but let the penalty be according to his deserts-death,or bonds,or blows,or degrading places of sitting or standing,or removal to some temple on the borders of the land;or let him pay fines,as we said before.In cases of death,let the judges be the guardians of the law,and a court selected by merit from the last year's magistrates.But how the causes are to be brought into to court,how the summonses are to be served,the like,these things may be left to the younger generation of legislators to determine;the manner of voting we must determine ourselves.

Let the vote be given openly;but before they come to the vote let the judges sit in order of seniority over against plaintiff and defendant,and let all the citizens who can spare time hear and take a serious interest in listening to such causes.First of all the plaintiff shall make one speech,and then the defendant shall make another;and after the speeches have been made the eldest judge shall begin to examine the parties,and proceed to make an adequate enquiry into what has been said;and after the oldest has spoken,the rest shall proceed in order to examine either party as to what he finds defective in the evidence,whether of statement or omission;and he who has nothing to ask shall hand over the examination to another.And on so much of what has been said as is to the purpose all the judges shall set their seals,and place the writings on the altar of Hestia.On the next day they shall meet again,and in like manner put their questions and go through the cause,and again set their seals upon the evidence;and when they have three times done this,and have had witnesses and evidence enough,they shall each of them give a holy vote,after promising by Hestia that they will decide justly and truly to the utmost of their power;and so they shall put an end to the suit.

Next,after what relates to the Gods,follows what relates to the dissolution of the state:-Whoever by promoting a man to power enslaves the laws,and subjects the city to factions,using violence and stirring up sedition contrary to law,him we will deem the greatest enemy of the whole state.But he who takes no part in such proceedings,and,being one of the chief magistrates of the state,has no knowledge of the treason,or,having knowledge of it,by reason of cowardice does not interfere on behalf of his country,such an one we must consider nearly as bad.Every man who is worth anything will inform the magistrates,and bring the conspirator to trial for making a violent and illegal attempt to change the government.The judges of such cases shall be the same as of the robbers of temples;and let the whole proceeding be carried on in the same way,and the vote of the majority condemn to death.But let there be a general rule,that the disgrace and punishment of the father is not to be visited on the children,except in the case of some one whose father,grandfather,and great-grandfather have successively undergone the penalty of death.Such persons the city shall send away with all their possessions to the city and country of their ancestors,retaining only and wholly their appointed lot.And out of the citizens who have more than one son of not less than ten years of age,they shall select ten whom their father or grandfather by the mother's or father's side shall appoint,and let them send to Delphi the names of those who are selected,and him whom the God chooses they shall establish as heir of the house which has failed;and may he have better fortune than his predecessors!

Cle.Very good.

Ath.Once more let there be a third general law respecting the judges who are to give judgment,and the manner of conducting suits against those who are tried on an accusation of treason;and as concerning the remaining or departure of their descendants-there shall be one law for all three,for the traitor,and the robber of temples,and the subverter by violence of the laws of the state.For a thief,whether he steal much or little,let there be one law,and one punishment for all alike:in the first place,let him pay double the amount of the theft if he be convicted,and if he have so much over and above the allotment;-if he have not,he shall be bound until he pay the penalty,or persuade him has obtained the sentence against him to forgive him.But if a person be convicted of a theft against the state,then if he can persuade the city,or if he will pay back twice the amount of the theft,he shall be set free from his bonds.

Cle.What makes you say,Stranger,that a theft is all one,whether the thief may have taken much or little,and either from sacred or secular places-and these are not the only differences in thefts:-seeing,then,that they are of many kinds,ought not the legislator to adapt himself to them,and impose upon them entirely different penalties?