Let the vote be given openly; but before they come to the vote letthe judges sit in order of seniority over against plaintiff anddefendant, and let all the citizens who can spare time hear and take aserious interest in listening to such causes. First of all theplaintiff shall make one speech, and then the defendant shall makeanother; and after the speeches have been made the eldest judgeshall begin to examine the parties, and proceed to make an adequateenquiry into what has been said; and after the oldest has spoken,the rest shall proceed in order to examine either party as to whathe finds defective in the evidence, whether of statement oromission; and he who has nothing to ask shall hand over theexamination to another. And on so much of what has been said as isto the purpose all the judges shall set their seals, and place thewritings on the altar of Hestia. On the next day they shall meetagain, and in like manner put their questions and go through thecause, and again set their seals upon the evidence; and when they havethree times done this, and have had witnesses and evidence enough,they shall each of them give a holy vote, after promising by Hestiathat 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 thedissolution of the state:-Whoever by promoting a man to power enslavesthe laws, and subjects the city to factions, using violence andstirring up sedition contrary to law, him we will deem the greatestenemy of the whole state. But he who takes no part in suchproceedings, and, being one of the chief magistrates of the state, hasno knowledge of the treason, or, having knowledge of it, by reasonof cowardice does not interfere on behalf of his country, such anone we must consider nearly as bad. Every man who is worth anythingwill inform the magistrates, and bring the conspirator to trial formaking a violent and illegal attempt to change the government. Thejudges 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 thevote of the majority condemn to death. But let there be a generalrule, that the disgrace and punishment of the father is not to bevisited on the children, except in the case of some one whosefather, grandfather, and great-grandfather have successively undergonethe penalty of death. Such persons the city shall send away with alltheir possessions to the city and country of their ancestors,retaining only and wholly their appointed lot. And out of the citizenswho have more than one son of not less than ten years of age, theyshall select ten whom their father or grandfather by the mother"s orfather"s side shall appoint, and let them send to Delphi the namesof those who are selected, and him whom the God chooses they shallestablish as heir of the house which has failed; and may he havebetter fortune than his predecessors!
Cle. Very good.
Ath. Once more let there be a third general law respecting thejudges who are to give judgment, and the manner of conducting suitsagainst those who are tried on an accusation of treason; and asconcerning the remaining or departure of their descendants-there shallbe one law for all three, for the traitor, and the robber oftemples, and the subverter by violence of the laws of the state. For athief, whether he steal much or little, let there be one law, andone punishment for all alike: in the first place, let him pay doublethe amount of the theft if he be convicted, and if he have so muchover and above the allotment;-if he have not, he shall be bounduntil he pay the penalty, or persuade him has obtained the sentenceagainst him to forgive him. But if a person be convicted of a theftagainst the state, then if he can persuade the city, or if he will payback twice the amount of the theft, he shall be set free from hisbonds.
Cle. What makes you say, Stranger, that a theft is all one,whether the thief may have taken much or little, and either fromsacred or secular places-and these are not the only differences inthefts:-seeing, then, that they are of many kinds, ought not thelegislator to adapt himself to them, and impose upon them entirelydifferent penalties?
Ath. Excellent. I was running on too fast, Cleinias, and youimpinged upon me, and brought me to my senses, reminding me of what,indeed, had occurred to mind already, that legislation was never yetrightly worked out, as I may say in passing.-Do you remember the imagein which I likened the men for whom laws are now made to slaves whoare doctored by slaves? For of this you may be very sure, that ifone of those empirical physicians, who practise medicine withoutscience, were to come upon the gentleman physician talking to hisgentleman patient, and using the language almost of philosophy,beginning at the beginning of the disease and discoursing about thewhole nature of the body, he would burst into a hearty laugh-hewould say what most of those who are called doctors always have attheir tongue"s end:-Foolish fellow, he would say, you are nothealing the sick man, but you are educating him; and he does notwant to be made a doctor, but to get well.
Cle. And would he not be right?
Ath. Perhaps he would; and he might remark upon us that he whodiscourses about laws, as we are now doing, is giving the citizenseducation and not laws; that would be rather a telling observation.
Cle. Very true.
Ath. But we are fortunate.
Cle. In what way?
Ath. Inasmuch as we are not compelled to give laws, but we maytake into consideration every form of government, and ascertain whatis best and what is most needful, and how they may both be carriedinto execution; and we may also, if we please, at this very momentchoose what is best, or, if we prefer, what is most necessary-whichshall we do?