ion is completed, a scrutiny shall be held in the
presence of the electors themselves, and if any one be rejected another
shall be chosen in the same manner. Those who have undergone the
scrutiny shall judge the causes of those who have declined the inferior
courts, and shall give their vote openly. The councillors and other
magistrates who have elected them shall be required to be hearers and
spectators of the causes; and any one else may be present who pleases.
If one man charges another with having intentionally decided wrong, let
him go to the guardians of the law and lay his accusation before them,
and he who is found guilty in such a case shall pay damages to the
injured party equal to half the injury; but if he shall appear to
deserve a greater penalty, the judges shall determine what additional
punishment he shall suffer, and how much more he ought to pay to the
public treasury, and to the party who brought the suit.
In the judgment of offences against the state, the people ought to
participate, for when any one wrongs the state all are wronged, and may
reasonably complain if they are not allowed to share in the decision.
Such causes ought to originate with the people, and the ought also to
have the final decision of them, but the trial of them shall take place
before three of the highest magistrates, upon whom the plaintiff and the
defendant shall agree; and if they are not able to come to an agreement
themselves, the council shall choose one of the two proposed. And in
private suits, too, as far as is possible, all should have a share; for
he who has no share in the administration of justice, is apt to imagine
that he has no share in the state at all. And for this reason there
shall be a court of law in every tribe, and the judges shall be
chosen by lot;--they shall give their decisions at once, and shall be
inaccessible to entreaties. The final judgment shall rest with
that court which, as we maintain, has been established in the most
incorruptible form of which human things admit: this shall be the court
established for those who are unable to get rid of their suits either in
the courts of neighbours or of the tribes.
Thus much of the courts of law, which, as I was saying, cannot be
precisely defined either as being or not being offices; a superficial
sketch has been given of them, in which some things have been told and
others omitted. For the right place of an exact statement of the laws
respecting suit
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