书城法律法律篇
6266900000125

第125章 BOOK XI(13)

If a slave of either sex injure anything, which is not his or herown, through inexperience, or some improper practice, and the personwho suffers damage be not himself in part to blame, the master ofthe slave who has done the harm shall either make full satisfaction,or give up the the slave who has done has done the injury. But ifmaster argue that the charge has arisen by collusion between theinjured party and the injurer, with the view of obtaining the slave,let him sue the person, who says that he has been injured, formalpractices. And if he gain a conviction, let him receive doublethe value which the court fixes as the price of the slave; and if helose his suit, let him make amends for the injury, and give up theslave. And if a beast of burden, or horse, or dog, or any otheranimal, injure the property of a neighbour, the owner shall in likemanner pay for the injury.

If any man refuses to be a witness, he who wants him shall summonhim, and he who is summoned shall come to the trial; and if he knowsand is willing to bear witness, let him bear witness, but if he sayshe does not know let him swear by the three divinities Zeus, andApollo, and Themis, that he does not, and have no more to do withthe cause. And he who is summoned to give witness and does notanswer to his summoner, shall be liable for the harm which ensuesaccording to law. And if a person calls up as a witness any one who isacting as a judge, let him give his witness, but he shall notafterwards vote in the cause. A free woman may give her witness andplead, if she be more than forty years of age, and may bring an actionif she have no husband; but if her husband be alive she shall onlybe allowed to bear witness. A slave of either sex and a child shall beallowed to give evidence and to plead, but only in cases of murder;and they must produce sufficient sureties that they will certainlyremain until the trial, in case they should be charged with falsewitness. And either of the parties in a cause may bring anaccusation of perjury against witnesses, touching their evidence inwhole or in part, if he asserts that such evidence has been given; butthe accusation must be brought previous to the final decision of thecause. The magistrates shall preserve the accusations of falsewitness, and have them kept under the seal of both parties, andproduce them on the day when the trial for false witness takesplace. If a man be twice convicted of false witness, he shall not berequired, and if thrice, he shall not be allowed to bear witness;and if he dare to witness after he has been convicted three times, letany one who pleases inform against him to the magistrates, and let themagistrates hand him over to the court, and if he be convicted heshall be punished with death. And in any case in which the evidence isrightly found to be false, and yet to have given the victory to himwho wins the suit, and more than half the witnesses are condemned, thedecision which was gained by these means shall be a discussion and adecision as to whether the suit was determined by that falseevidence or and in whichever way the decision may be given, theprevious suit shall be determined accordingly.

There are many noble things in human life, but to most of themattach evils which are fated to corrupt and spoil them. Is not justicenoble, which has been the civilizer of humanity? How then can theadvocate of justice be other than noble? And yet upon thisprofession which is presented to us under the fair name of art hascome an evil reputation. In the first place; we are told that byingenious pleas and the help of an advocate the law enables a man towin a particular cause, whether just or unjust; and the power ofspeech which is thereby imparted, are at the service of him sho iswilling to pay for them. Now in our state this so-called art,whether really an art or only an experience and practice destituteof any art, ought if possible never to come into existence, or ifexisting among us should litten to the request of the legislator andgo away into another land, and not speak contrary to justice. If theoffenders obey we say no more; but those who disobey, the voice of thelaw is as follows:-If anyone thinks that he will pervert the powerof justice in the minds of the judges, and unseasonably litigate oradvocate, let any one who likes indict him for malpractices of law anddishonest advocacy, and let him be judged in the court of selectjudges; and if he be convicted, let the court determine whether he maybe supposed to act from a love of money or from contentiousness. Andif he is supposed to act from contentiousness, the court shall fix atime during which he shall not be allowed to institute or plead acause; and if he is supposed to act as be does from love of money,in case he be a stranger, he shall leave the country, and never returnunder penalty of death; but if he be a citizen, he shall die,because he is a lover of money, in whatever manner gained; andequally, if he be judged to have acted more than once fromcontentiousness, he shall die.