w ceases to be a city; and
again, if a judge is silent and says no more in preliminary proceedings
than the litigants, as is the case in arbitrations, he will never be
able to decide justly; wherefore a multitude of judges will not easily
judge well, nor a few if they are bad. The point in dispute between the
parties should be made clear; and time, and deliberation, and repeated
examination, greatly tend to clear up doubts. For this reason, he who
goes to law with another, should go first of all to his neighbours and
friends who know best the questions at issue. And if he be unable to
obtain from them a satisfactory decision, let him have recourse to
another court; and if the two courts cannot settle the matter, let a
third put an end to the suit.
Now the establishment of courts of justice may be regarded as a choice
of magistrates, for every magistrate must also be a judge of some
things; and the judge, though he be not a magistrate, yet in certain
respects is a very important magistrate on the day on which he is
determining a suit. Regarding then the judges also as magistrates, let
us say who are fit to be judges, and of what they are to be judges,
and how many of them are to judge in each suit. Let that be the supreme
tribunal which the litigants appoint in common for themselves, choosing
certain persons by agreement. And let there be two other tribunals: one
for private causes, when a citizen accuses another of wronging him and
wishes to get a decision; the other for public causes, in which some
citizen is of opinion that the public has been wronged by an individual,
and is willing to vindicate the common interests. And we must not forget
to mention how the judges are to be qualified, and who they are to be.
In the first place, let there be a tribunal open to all private persons
who are trying causes one against another for the third time, and let
this be composed as follows:--All the officers of state, as well annual
as those holding office for a longer period, when the new year is about
to commence, in the month following after the summer solstice, on the
last day but one of the year, shall meet in some temple, and calling God
to witness, shall dedicate one judge from every magistracy to be their
first-fruits, choosing in each office him who seems to them to be
the best, and whom they deem likely to decide the causes of his
fellow-citizens during the ensuing year in the best and holiest manner.
And when the elect
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