第129章 BOOK XI(13)

If a slave of either sex injure anything,which is not his or her own,through inexperience,or some improper practice,and the person who suffers damage be not himself in part to blame,the master of the 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 if master argue that the charge has arisen by collusion between the injured party and the injurer,with the view of obtaining the slave,let him sue the person,who says that he has been injured,for malpractices.And if he gain a conviction,let him receive double the value which the court fixes as the price of the slave;and if he lose his suit,let him make amends for the injury,and give up the slave.And if a beast of burden,or horse,or dog,or any other animal,injure the property of a neighbour,the owner shall in like manner pay for the injury.

If any man refuses to be a witness,he who wants him shall summon him,and he who is summoned shall come to the trial;and if he knows and is willing to bear witness,let him bear witness,but if he says he does not know let him swear by the three divinities Zeus,and Apollo,and Themis,that he does not,and have no more to do with the cause.And he who is summoned to give witness and does not answer to his summoner,shall be liable for the harm which ensues according to law.And if a person calls up as a witness any one who is acting as a judge,let him give his witness,but he shall not afterwards vote in the cause.A free woman may give her witness and plead,if she be more than forty years of age,and may bring an action if she have no husband;but if her husband be alive she shall only be allowed to bear witness.A slave of either sex and a child shall be allowed to give evidence and to plead,but only in cases of murder;and they must produce sufficient sureties that they will certainly remain until the trial,in case they should be charged with false witness.And either of the parties in a cause may bring an accusation of perjury against witnesses,touching their evidence in whole or in part,if he asserts that such evidence has been given;but the accusation must be brought previous to the final decision of the cause.The magistrates shall preserve the accusations of false witness,and have them kept under the seal of both parties,and produce them on the day when the trial for false witness takes place.If a man be twice convicted of false witness,he shall not be required,and if thrice,he shall not be allowed to bear witness;and if he dare to witness after he has been convicted three times,let any one who pleases inform against him to the magistrates,and let the magistrates hand him over to the court,and if he be convicted he shall be punished with death.And in any case in which the evidence is rightly found to be false,and yet to have given the victory to him who wins the suit,and more than half the witnesses are condemned,the decision which was gained by these means shall be a discussion and a decision as to whether the suit was determined by that false evidence or and in whichever way the decision may be given,the previous suit shall be determined accordingly.

There are many noble things in human life,but to most of them attach evils which are fated to corrupt and spoil them.Is not justice noble,which has been the civilizer of humanity?How then can the advocate of justice be other than noble?And yet upon this profession which is presented to us under the fair name of art has come an evil reputation.In the first place;we are told that by ingenious pleas and the help of an advocate the law enables a man to win a particular cause,whether just or unjust;and the power of speech which is thereby imparted,are at the service of him sho is willing to pay for them.Now in our state this so-called art,whether really an art or only an experience and practice destitute of any art,ought if possible never to come into existence,or if existing among us should litten to the request of the legislator and go away into another land,and not speak contrary to justice.If the offenders obey we say no more;but those who disobey,the voice of the law is as follows:-If anyone thinks that he will pervert the power of justice in the minds of the judges,and unseasonably litigate or advocate,let any one who likes indict him for malpractices of law and dishonest advocacy,and let him be judged in the court of select judges;and if he be convicted,let the court determine whether he may be supposed to act from a love of money or from contentiousness.And if he is supposed to act from contentiousness,the court shall fix a time during which he shall not be allowed to institute or plead a cause;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 return under penalty of death;but if he be a citizen,he shall die,because he is a lover of money,in whatever manner gained;and equally,if he be judged to have acted more than once from contentiousness,he shall die.