Book XI

In the next place, dealings between man and man require to be suitably
regulated. The principle of them is very simple: Thou shalt not, if thou
canst help, touch that which is mine, or remove the least thing which
belongs to me without my consent; and may I be of a sound mind, and do to
others as I would that they should do to me. First, let us speak of
treasure-trove: May I never pray the Gods to find the hidden treasure,
which another has laid up for himself and his family, he not being one of
my ancestors, nor lift, if I should find, such a treasure. And may I never
have any dealings with those who are called diviners, and who in any way
or manner counsel me to take up the deposit entrusted to the earth, for I
should not gain so much in the increase of my possessions, if I take up
the prize, as I should grow in justice and virtue of soul, if I abstain;
and this will be a better possession to me than the other in a better part
of myself; for the possession of justice in the soul is preferable to the
possession of wealth. And of many things it is well said--'Move not the
immovables,' and this may be regarded as one of them. And we shall do well
to believe the common tradition which says, that such deeds prevent a man
from having a family. Now as to him who is careless about having children
and regardless of the legislator, taking up that which neither he
deposited, nor any ancestor of his, without the consent of the depositor,
violating the simplest and noblest of laws which was the enactment of no
mean man: 'Take not up that which was not laid down by thee'--of him, I
say, who despises these two legislators, and takes up, not some small
matter which he has not deposited, but perhaps a great heap of treasure,
what he ought to suffer at the hands of the Gods, God only knows; but I
would have the first person who sees him go and tell the wardens of the
city, if the occurrence has taken place in the city, or if the occurrence
has taken place in the agora he shall tell the wardens of the agora, or if
in the country he shall tell the wardens of the country and their
commanders. When information has been received the city shall send to
Delphi, and, whatever the God answers about the money and the remover of
the money, that the city shall do in obedience to the oracle; the
informer, if he be a freeman, shall have the honour of doing rightly, and
he who informs not, the dishonour of doing wrongly; and if he be a slave
who gives information, let him be freed, as he ought to be, by the state,
which shall give his master the price of him; but if he do not inform he
shall be punished with death. Next in order shall follow a similar law,
which shall apply equally to matters great and small: If a man happens to
leave behind him some part of his property, whether intentionally or
unintentionally, let him who may come upon the left property suffer it to
remain, reflecting that such things are under the protection of the
Goddess of ways, and are dedicated to her by the law. But if any one
defies the law, and takes the property home with him, let him, if the
thing is of little worth, and the man who takes it a slave, be beaten with
many stripes by him who meets him, being a person of not less than thirty
years of age. Or if he be a freeman, in addition to being thought a mean
person and a despiser of the laws, let him pay ten times the value of the
treasure which he has moved to the leaver. And if some one accuses another
of having anything which belongs to him, whether little or much, and the
other admits that he has this thing, but denies that the property in
dispute belongs to the other, if the property be registered with the
magistrates according to law, the claimant shall summon the possessor, who
shall bring it before the magistrates; and when it is brought into court,
if it be registered in the public registers, to which of the litigants it
belonged, let him take it and go his way. Or if the property be registered
as belonging to some one who is not present, whoever will offer sufficient
surety on behalf of the absent person that he will give it up to him,
shall take it away as the representative of the other. But if the property
which is deposited be not registered with the magistrates, let it remain
until the time of trial with three of the eldest of the magistrates; and
if it be an animal which is deposited, then he who loses the suit shall
pay the magistrates for its keep, and they shall determine the cause
within three days.

Any one who is of sound mind may arrest his own slave, and do with him
whatever he will of such things as are lawful; and he may arrest the
runaway slave of any of his friends or kindred with a view to his safe-
keeping. And if any one takes away him who is being carried off as a
slave, intending to liberate him, he who is carrying him off shall let him
go; but he who takes him away shall give three sufficient sureties; and if
he give them, and not without giving them, he may take him away, but if he
take him away after any other manner he shall be deemed guilty of
violence, and being convicted shall pay as a penalty double the amount of
the damages claimed to him who has been deprived of the slave. Any man may
also carry off a freedman, if he do not pay respect or sufficient respect
to him who freed him. Now the respect shall be, that the freedman go three
times in the month to the hearth of the person who freed him, and offer to
do whatever he ought, so far as he can; and he shall agree to make such a
marriage as his former master approves. He shall not be permitted to have
more property than he who gave him liberty, and what more he has shall
belong to his master. The freedman shall not remain in the state more than
twenty years, but like other foreigners shall go away, taking his entire
property with him, unless he has the consent of the magistrates and of his
former master to remain. If a freedman or any other stranger has a
property greater than the census of the third class, at the expiration of
thirty days from the day on which this comes to pass, he shall take that
which is his and go his way, and in this case he shall not be allowed to
remain any longer by the magistrates. And if any one disobeys this
regulation, and is brought into court and convicted, he shall be punished
with death, and his property shall be confiscated. Suits about these
matters shall take place before the tribes, unless the plaintiff and
defendant have got rid of the accusation either before their neighbours or
before judges chosen by them. If a man lay claim to any animal or anything
else which he declares to be his, let the possessor refer to the seller or
to some honest and trustworthy person, who has given, or in some
legitimate way made over the property to him; if he be a citizen or a
metic, sojourning in the city, within thirty days, or, if the property
have been delivered to him by a stranger, within five months, of which the
middle month shall include the summer solstice. When goods are exchanged
by selling and buying, a man shall deliver them, and receive the price of
them, at a fixed place in the agora, and have done with the matter; but he
shall not buy or sell anywhere else, nor give credit. And if in any other
manner or in any other place there be an exchange of one thing for
another, and the seller give credit to the man who buys from him, he must
do this on the understanding that the law gives no protection in cases of
things sold not in accordance with these regulations. Again, as to
contributions, any man who likes may go about collecting contributions as
a friend among friends, but if any difference arises about the collection,
he is to act on the understanding that the law gives no protection in such
cases. He who sells anything above the value of fifty drachmas shall be
required to remain in the city for ten days, and the purchaser shall be
informed of the house of the seller, with a view to the sort of charges
which are apt to arise in such cases, and the restitutions which the law
allows. And let legal restitution be on this wise: If a man sells a slave
who is in a consumption, or who has the disease of the stone, or of
strangury, or epilepsy, or some other tedious and incurable disorder of
body or mind, which is not discernible to the ordinary man, if the
purchaser be a physician or trainer, he shall have no right of
restitution; nor shall there be any right of restitution if the seller has
told the truth beforehand to the buyer. But if a skilled person sells to
another who is not skilled, let the buyer appeal for restitution within
six months, except in the case of epilepsy, and then the appeal may be
made within a year. The cause shall be determined by such physicians as
the parties may agree to choose; and the defendant, if he lose the suit,
shall pay double the price at which he sold. If a private person sell to
another private person, he shall have the right of restitution, and the
decision shall be given as before, but the defendant, if he be cast, shall
only pay back the price of the slave. If a person sells a homicide to
another, and they both know of the fact, let there be no restitution in
such a case, but if he do not know of the fact, there shall be a right of
restitution, whenever the buyer makes the discovery; and the decision
shall rest with the five youngest guardians of the law, and if the
decision be that the seller was cognisant of the fact, he shall purify the
house of the purchaser, according to the law of the interpreters, and
shall pay back three times the purchase-money.

If a man exchanges either money for money, or anything whatever for
anything else, either with or without life, let him give and receive them
genuine and unadulterated, in accordance with the law. And let us have a
prelude about all this sort of roguery, like the preludes of our other
laws. Every man should regard adulteration as of one and the same class
with falsehood and deceit, concerning which the many are too fond of
saying that at proper times and places the practice may often be right.
But they leave the occasion, and the when, and the where, undefined and
unsettled, and from this want of definiteness in their language they do a
great deal of harm to themselves and to others. Now a legislator ought not
to leave the matter undetermined; he ought to prescribe some limit, either
greater or less. Let this be the rule prescribed: No one shall call the
Gods to witness, when he says or does anything false or deceitful or
dishonest, unless he would be the most hateful of mankind to them. And he
is most hateful to them who takes a false oath, and pays no heed to the
Gods; and in the next degree, he who tells a falsehood in the presence of
his superiors. Now better men are the superiors of worse men, and in
general elders are the superiors of the young; wherefore also parents are
the superiors of their offspring, and men of women and children, and
rulers of their subjects; for all men ought to reverence any one who is in
any position of authority, and especially those who are in state offices.
And this is the reason why I have spoken of these matters. For every one
who is guilty of adulteration in the agora tells a falsehood, and
deceives, and when he invokes the Gods, according to the customs and
cautions of the wardens of the agora, he does but swear without any
respect for God or man. Certainly, it is an excellent rule not lightly to
defile the names of the Gods, after the fashion of men in general, who
care little about piety and purity in their religious actions. But if a
man will not conform to this rule, let the law be as follows: He who sells
anything in the agora shall not ask two prices for that which he sells,
but he shall ask one price, and if he do not obtain this, he shall take
away his goods; and on that day he shall not value them either at more or
less; and there shall be no praising of any goods, or oath taken about
them. If a person disobeys this command, any citizen who is present, not
being less than thirty years of age, may with impunity chastise and beat
the swearer, but if instead of obeying the laws he takes no heed, he shall
be liable to the charge of having betrayed them. If a man sells any
adulterated goods and will not obey these regulations, he who knows and
can prove the fact, and does prove it in the presence of the magistrates,
if he be a slave or a metic, shall have the adulterated goods; but if he
be a citizen, and do not pursue the charge, he shall be called a rogue,
and deemed to have robbed the Gods of the agora; or if he proves the
charge, he shall dedicate the goods to the Gods of the agora. He who is
proved to have sold any adulterated goods, in addition to losing the goods
themselves, shall be beaten with stripes--a stripe for a drachma,
according to the price of the goods; and the herald shall proclaim in the
agora the offence for which he is going to be beaten. The wardens of the
agora and the guardians of the law shall obtain information from
experienced persons about the rogueries and adulterations of the sellers,
and shall write up what the seller ought and ought not to do in each case;
and let them inscribe their laws on a column in front of the court of the
wardens of the agora, that they may be clear instructors of those who have
business in the agora. Enough has been said in what has preceded about the
wardens of the city, and if anything seems to be wanting, let them
communicate with the guardians of the law, and write down the omission,
and place on a column in the court of the wardens of the city the primary
and secondary regulations which are laid down for them about their office.

After the practices of adulteration naturally follow the practices of
retail trade. Concerning these, we will first of all give a word of
counsel and reason, and the law shall come afterwards. Retail trade in a
city is not by nature intended to do any harm, but quite the contrary; for
is not he a benefactor who reduces the inequalities and
incommensurabilities of goods to equality and common measure? And this is
what the power of money accomplishes, and the merchant may be said to be
appointed for this purpose. The hireling and the tavern-keeper, and many
other occupations, some of them more and others less seemly--all alike
have this object--they seek to satisfy our needs and equalize our
possessions. Let us then endeavour to see what has brought retail trade
into ill-odour, and wherein lies the dishonour and unseemliness of it, in
order that if not entirely, we may yet partially, cure the evil by
legislation. To effect this is no easy matter, and requires a great deal
of virtue.

CLEINIAS: What do you mean?

ATHENIAN: Dear Cleinias, the class of men is small--they must have been
rarely gifted by nature, and trained by education--who, when assailed by
wants and desires, are able to hold out and observe moderation, and when
they might make a great deal of money are sober in their wishes, and
prefer a moderate to a large gain. But the mass of mankind are the very
opposite: their desires are unbounded, and when they might gain in
moderation they prefer gains without limit; wherefore all that relates to
retail trade, and merchandise, and the keeping of taverns, is denounced
and numbered among dishonourable things. For if what I trust may never be
and will not be, we were to compel, if I may venture to say a ridiculous
thing, the best men everywhere to keep taverns for a time, or carry on
retail trade, or do anything of that sort; or if, in consequence of some
fate or necessity, the best women were compelled to follow similar
callings, then we should know how agreeable and pleasant all these things
are; and if all such occupations were managed on incorrupt principles,
they would be honoured as we honour a mother or a nurse. But now that a
man goes to desert places and builds houses which can only be reached by
long journeys, for the sake of retail trade, and receives strangers who
are in need at the welcome resting-place, and gives them peace and calm
when they are tossed by the storm, or cool shade in the heat; and then
instead of behaving to them as friends, and showing the duties of
hospitality to his guests, treats them as enemies and captives who are at
his mercy, and will not release them until they have paid the most unjust,
abominable, and extortionate ransom--these are the sort of practises, and
foul evils they are, which cast a reproach upon the succour of adversity.
And the legislator ought always to be devising a remedy for evils of this
nature. There is an ancient saying, which is also a true one--'To fight
against two opponents is a difficult thing,' as is seen in diseases and in
many other cases. And in this case also the war is against two enemies--
wealth and poverty; one of whom corrupts the soul of man with luxury,
while the other drives him by pain into utter shamelessness. What remedy
can a city of sense find against this disease? In the first place, they
must have as few retail traders as possible; and in the second place, they
must assign the occupation to that class of men whose corruption will be
the least injury to the state; and in the third place, they must devise
some way whereby the followers of these occupations themselves will not
readily fall into habits of unbridled shamelessness and meanness.

After this preface let our law run as follows, and may fortune favour us:
No landowner among the Magnetes, whose city the God is restoring and
resettling--no one, that is, of the 5040 families, shall become a retail
trader either voluntarily or involuntarily; neither shall he be a
merchant, or do any service for private persons unless they equally serve
him, except for his father or his mother, and their fathers and mothers;
and in general for his elders who are freemen, and whom he serves as a
freeman. Now it is difficult to determine accurately the things which are
worthy or unworthy of a freeman, but let those who have obtained the prize
of virtue give judgment about them in accordance with their feelings of
right and wrong. He who in any way shares in the illiberality of retail
trades may be indicted for dishonouring his race by any one who likes,
before those who have been judged to be the first in virtue; and if he
appear to throw dirt upon his father's house by an unworthy occupation,
let him be imprisoned for a year and abstain from that sort of thing; and
if he repeat the offence, for two years; and every time that he is
convicted let the length of his imprisonment be doubled. This shall be the
second law: He who engages in retail trade must be either a metic or a
stranger. And a third law shall be: In order that the retail trader who
dwells in our city may be as good or as little bad as possible, the
guardians of the law shall remember that they are not only guardians of
those who may be easily watched and prevented from becoming lawless or
bad, because they are well-born and bred; but still more should they have
a watch over those who are of another sort, and follow pursuits which have
a very strong tendency to make men bad. And, therefore, in respect of the
multifarious occupations of retail trade, that is to say, in respect of
such of them as are allowed to remain, because they seem to be quite
necessary in a state--about these the guardians of the law should meet and
take counsel with those who have experience of the several kinds of retail
trade, as we before commanded concerning adulteration (which is a matter
akin to this), and when they meet they shall consider what amount of
receipts, after deducting expenses, will produce a moderate gain to the
retail trades, and they shall fix in writing and strictly maintain what
they find to be the right percentage of profit; this shall be seen to by
the wardens of the agora, and by the wardens of the city, and by the
wardens of the country. And so retail trade will benefit every one, and do
the least possible injury to those in the state who practise it.

When a man makes an agreement which he does not fulfil, unless the
agreement be of a nature which the law or a vote of the assembly does not
allow, or which he has made under the influence of some unjust compulsion,
or which he is prevented from fulfilling against his will by some
unexpected chance, the other party may go to law with him in the courts of
the tribes, for not having completed his agreement, if the parties are not
able previously to come to terms before arbiters or before their
neighbours. The class of craftsmen who have furnished human life with the
arts is dedicated to Hephaestus and Athene; and there is a class of
craftsmen who preserve the works of all craftsmen by arts of defence, the
votaries of Ares and Athene, to which divinities they too are rightly
dedicated. All these continue through life serving the country and the
people; some of them are leaders in battle; others make for hire
implements and works, and they ought not to deceive in such matters, out
of respect to the Gods who are their ancestors. If any craftsman through
indolence omit to execute his work in a given time, not reverencing the
God who gives him the means of life, but considering, foolish fellow, that
he is his own God and will let him off easily, in the first place, he
shall suffer at the hands of the God, and in the second place, the law
shall follow in a similar spirit. He shall owe to him who contracted with
him the price of the works which he has failed in performing, and he shall
begin again and execute them gratis in the given time. When a man
undertakes a work, the law gives him the same advice which was given to
the seller, that he should not attempt to raise the price, but simply ask
the value; this the law enjoins also on the contractor; for the craftsman
assuredly knows the value of his work. Wherefore, in free states the man
of art ought not to attempt to impose upon private individuals by the help
of his art, which is by nature a true thing; and he who is wronged in a
matter of this sort, shall have a right of action against the party who
has wronged him. And if any one lets out work to a craftsman, and does not
pay him duly according to the lawful agreement, disregarding Zeus the
guardian of the city and Athene, who are the partners of the state, and
overthrows the foundations of society for the sake of a little gain, in
his case let the law and the Gods maintain the common bonds of the state.
And let him who, having already received the work in exchange, does not
pay the price in the time agreed, pay double the price; and if a year has
elapsed, although interest is not to be taken on loans, yet for every
drachma which he owes to the contractor let him pay a monthly interest of
an obol. Suits about these matters are to be decided by the courts of the
tribes; and by the way, since we have mentioned craftsmen at all, we must
not forget that other craft of war, in which generals and tacticians are
the craftsmen, who undertake voluntarily or involuntarily the work of our
safety, as other craftsmen undertake other public works--if they execute
their work well the law will never tire of praising him who gives them
those honours which are the just rewards of the soldier; but if any one,
having already received the benefit of any noble service in war, does not
make the due return of honour, the law will blame him. Let this then be
the law, having an ingredient of praise, not compelling but advising the
great body of the citizens to honour the brave men who are the saviours of
the whole state, whether by their courage or by their military skill--they
should honour them, I say, in the second place; for the first and highest
tribute of respect is to be given to those who are able above other men to
honour the words of good legislators.

The greater part of the dealings between man and man have been now
regulated by us with the exception of those that relate to orphans and the
supervision of orphans by their guardians. These follow next in order, and
must be regulated in some way. But to arrive at them we must begin with
the testamentary wishes of the dying and the case of those who may have
happened to die intestate. When I said, Cleinias, that we must regulate
them, I had in my mind the difficulty and perplexity in which all such
matters are involved. You cannot leave them unregulated, for individuals
would make regulations at variance with one another, and repugnant to the
laws and habits of the living and to their own previous habits, if a
person were simply allowed to make any will which he pleased, and this
were to take effect in whatever state he may have been at the end of his
life; for most of us lose our senses in a manner, and feel crushed when we
think that we are about to die.

CLEINIAS: What do you mean, Stranger?

ATHENIAN: O Cleinias, a man when he is about to die is an intractable
creature, and is apt to use language which causes a great deal of anxiety
and trouble to the legislator.

CLEINIAS: In what way?

ATHENIAN: He wants to have the entire control of all his property, and
will use angry words.

CLEINIAS: Such as what?

ATHENIAN: O ye Gods, he will say, how monstrous that I am not allowed to
give, or not to give, my own to whom I will--less to him who has been bad
to me, and more to him who has been good to me, and whose badness and
goodness have been tested by me in time of sickness or in old age and in
every other sort of fortune!

CLEINIAS: Well, Stranger, and may he not very fairly say so?

ATHENIAN: In my opinion, Cleinias, the ancient legislators were too good-
natured, and made laws without sufficient observation or consideration of
human things.

CLEINIAS: What do you mean?

ATHENIAN: I mean, my friend, that they were afraid of the testator's
reproaches, and so they passed a law to the effect that a man should be
allowed to dispose of his property in all respects as he liked; but you
and I, if I am not mistaken, will have something better to say to our
departing citizens.

CLEINIAS: What?

ATHENIAN: O my friends, we will say to them, hard is it for you, who are
creatures of a day, to know what is yours--hard too, as the Delphic oracle
says, to know yourselves at this hour. Now I, as the legislator, regard
you and your possessions, not as belonging to yourselves, but as belonging
to your whole family, both past and future, and yet more do I regard both
family and possessions as belonging to the state; wherefore, if some one
steals upon you with flattery, when you are tossed on the sea of disease
or old age, and persuades you to dispose of your property in a way that is
not for the best, I will not, if I can help, allow this; but I will
legislate with a view to the whole, considering what is best both for the
state and for the family, esteeming as I ought the feelings of an
individual at a lower rate; and I hope that you will depart in peace and
kindness towards us, as you are going the way of all mankind; and we will
impartially take care of all your concerns, not neglecting any of them, if
we can possibly help. Let this be our prelude and consolation to the
living and dying, Cleinias, and let the law be as follows: He who makes a
disposition in a testament, if he be the father of a family, shall first
of all inscribe as his heir any one of his sons whom he may think fit; and
if he gives any of his children to be adopted by another citizen, let the
adoption be inscribed. And if he has a son remaining over and above who
has not been adopted upon any lot, and who may be expected to be sent out
to a colony according to law, to him his father may give as much as he
pleases of the rest of his property, with the exception of the paternal
lot and the fixtures on the lot. And if there are other sons, let him
distribute among them what there is more than the lot in such portions as
he pleases. And if one of the sons has already a house of his own, he
shall not give him of the money, nor shall he give money to a daughter who
has been betrothed, but if she is not betrothed he may give her money. And
if any of the sons or daughters shall be found to have another lot of land
in the country, which has accrued after the testament has been made, they
shall leave the lot which they have inherited to the heir of the man who
has made the will. If the testator has no sons, but only daughters, let
him choose the husband of any one of his daughters whom he pleases, and
leave and inscribe him as his son and heir. And if a man have lost his
son, when he was a child, and before he could be reckoned among grown up
men, whether his own or an adopted son, let the testator make mention of
the circumstance and inscribe whom he will to be his second son in hope of
better fortune. If the testator has no children at all, he may select and
give to any one whom he pleases the tenth part of the property which he
has acquired; but let him not be blamed if he gives all the rest to his
adopted son, and makes a friend of him according to the law. If the sons
of a man require guardians, and the father when he dies leaves a will
appointing guardians, those who have been named by him, whoever they are
and whatever their number be, if they are able and willing to take charge
of the children, shall be recognised according to the provisions of the
will. But if he dies and has made no will, or a will in which he has
appointed no guardians, then the next of kin, two on the father's and two
on the mother's side, and one of the friends of the deceased, shall have
the authority of guardians, whom the guardians of the law shall appoint
when the orphans require guardians. And the fifteen eldest guardians of
the law shall have the whole care and charge of the orphans, divided into
threes according to seniority--a body of three for one year, and then
another body of three for the next year, until the cycle of the five
periods is complete; and this, as far as possible, is to continue always.
If a man dies, having made no will at all, and leaves sons who require the
care of guardians, they shall share in the protection which is afforded by
these laws. And if a man dying by some unexpected fate leaves daughters
behind him, let him pardon the legislator if when he gives them in
marriage, he have a regard only to two out of three conditions--nearness
of kin and the preservation of the lot, and omits the third condition,
which a father would naturally consider, for he would choose out of all
the citizens a son for himself, and a husband for his daughter, with a
view to his character and disposition--the father, I say, shall forgive
the legislator if he disregards this, which to him is an impossible
consideration. Let the law about these matters where practicable be as
follows: If a man dies without making a will, and leaves behind him
daughters, let his brother, being the son of the same father or of the
same mother, having no lot, marry the daughter and have the lot of the
dead man. And if he have no brother, but only a brother's son, in like
manner let them marry, if they be of a suitable age; and if there be not
even a brother's son, but only the son of a sister, let them do likewise,
and so in the fourth degree, if there be only the testator's father's
brother, or in the fifth degree, his father's brother's son, or in the
sixth degree, the child of his father's sister. Let kindred be always
reckoned in this way: if a person leaves daughters the relationship shall
proceed upwards through brothers and sisters, and brothers' and sisters'
children, and first the males shall come, and after them the females in
the same family. The judge shall consider and determine the suitableness
or unsuitableness of age in marriage; he shall make an inspection of the
males naked, and of the women naked down to the navel. And if there be a
lack of kinsmen in a family extending to grandchildren of a brother, or to
the grandchildren of a grandfather's children, the maiden may choose with
the consent of her guardians any one of the citizens who is willing and
whom she wills, and he shall be the heir of the dead man, and the husband
of his daughter. Circumstances vary, and there may sometimes be a still
greater lack of relations within the limits of the state; and if any
maiden has no kindred living in the city, and there is some one who has
been sent out to a colony, and she is disposed to make him the heir of her
father's possessions, if he be indeed of her kindred, let him proceed to
take the lot according to the regulation of the law; but if he be not of
her kindred, she having no kinsmen within the city, and he be chosen by
the daughter of the dead man, and empowered to marry by the guardians, let
him return home and take the lot of him who died intestate. And if a man
has no children, either male or female, and dies without making a will,
let the previous law in general hold; and let a man and a woman go forth
from the family and share the deserted house, and let the lot belong
absolutely to them; and let the heiress in the first degree be a sister,
and in a second degree a daughter of a brother, and in the third, a
daughter of a sister, in the fourth degree the sister of a father, and in
the fifth degree the daughter of a father's brother, and in a sixth degree
of a father's sister; and these shall dwell with their male kinsmen,
according to the degree of relationship and right, as we enacted before.
Now we must not conceal from ourselves that such laws are apt to be
oppressive and that there may sometimes be a hardship in the lawgiver
commanding the kinsman of the dead man to marry his relation; he may be
thought not to have considered the innumerable hindrances which may arise
among men in the execution of such ordinances; for there may be cases in
which the parties refuse to obey, and are ready to do anything rather than
marry, when there is some bodily or mental malady or defect among those
who are bidden to marry or be married. Persons may fancy that the
legislator never thought of this, but they are mistaken; wherefore let us
make a common prelude on behalf of the lawgiver and of his subjects, the
law begging the latter to forgive the legislator, in that he, having to
take care of the common weal, cannot order at the same time the various
circumstances of individuals, and begging him to pardon them if naturally
they are sometimes unable to fulfil the act which he in his ignorance
imposes upon them.

CLEINIAS: And how, Stranger, can we act most fairly under the
circumstances?

ATHENIAN: There must be arbiters chosen to deal with such laws and the
subjects of them.

CLEINIAS: What do you mean?

ATHENIAN: I mean to say, that a case may occur in which the nephew, having
a rich father, will be unwilling to marry the daughter of his uncle; he
will have a feeling of pride, and he will wish to look higher. And there
are cases in which the legislator will be imposing upon him the greatest
calamity, and he will be compelled to disobey the law, if he is required,
for example, to take a wife who is mad, or has some other terrible malady
of soul or body, such as makes life intolerable to the sufferer. Then let
what we are saying concerning these cases be embodied in a law: If any one
finds fault with the established laws respecting testaments, both as to
other matters and especially in what relates to marriage, and asserts that
the legislator, if he were alive and present, would not compel him to
obey--that is to say, would not compel those who are by our law required
to marry or be given in marriage, to do either--and some kinsman or
guardian dispute this, the reply is that the legislator left fifteen of
the guardians of the law to be arbiters and fathers of orphans, male or
female, and to them let the disputants have recourse, and by their aid
determine any matters of the kind, admitting their decision to be final.
But if any one thinks that too great power is thus given to the guardians
of the law, let him bring his adversaries into the court of the select
judges, and there have the points in dispute determined. And he who loses
the cause shall have censure and blame from the legislator, which, by a
man of sense, is felt to be a penalty far heavier than a great loss of
money.

Thus will orphan children have a second birth. After their first birth we
spoke of their nurture and education, and after their second birth, when
they have lost their parents, we ought to take measures that the
misfortune of orphanhood may be as little sad to them as possible. In the
first place, we say that the guardians of the law are lawgivers and
fathers to them, not inferior to their natural fathers. Moreover, they
shall take charge of them year by year as of their own kindred; and we
have given both to them and to the children's own guardians as suitable
admonition concerning the nurture of orphans. And we seem to have spoken
opportunely in our former discourse, when we said that the souls of the
dead have the power after death of taking an interest in human affairs,
about which there are many tales and traditions, long indeed, but true;
and seeing that they are so many and so ancient, we must believe them, and
we must also believe the lawgivers, who tell us that these things are
true, if they are not to be regarded as utter fools. But if these things
are really so, in the first place men should have a fear of the Gods
above, who regard the loneliness of the orphans; and in the second place
of the souls of the departed, who by nature incline to take an especial
care of their own children, and are friendly to those who honour, and
unfriendly to those who dishonour them. Men should also fear the souls of
the living who are aged and high in honour; wherever a city is well
ordered and prosperous, their descendants cherish them, and so live
happily; old persons are quick to see and hear all that relates to them,
and are propitious to those who are just in the fulfilment of such duties,
and they punish those who wrong the orphan and the desolate, considering
that they are the greatest and most sacred of trusts. To all which matters
the guardian and magistrate ought to apply his mind, if he has any, and
take heed of the nurture and education of the orphans, seeking in every
possible way to do them good, for he is making a contribution to his own
good and that of his children. He who obeys the tale which precedes the
law, and does no wrong to an orphan, will never experience the wrath of
the legislator. But he who is disobedient, and wrongs any one who is
bereft of father or mother, shall pay twice the penalty which he would
have paid if he had wronged one whose parents had been alive. As touching
other legislation concerning guardians in their relation to orphans, or
concerning magistrates and their superintendence of the guardians, if they
did not possess examples of the manner in which children of freemen would
be brought up in the bringing up of their own children, and of the care of
their property in the care of their own, or if they had not just laws
fairly stated about these very things--there would have been reason in
making laws for them, under the idea that they were a peculiar class, and
we might distinguish and make separate rules for the life of those who are
orphans and of those who are not orphans. But as the case stands, the
condition of orphans with us is not different from the case of those who
have a father, though in regard to honour and dishonour, and the attention
given to them, the two are not usually placed upon a level. Wherefore,
touching the legislation about orphans, the law speaks in serious accents,
both of persuasion and threatening, and such a threat as the following
will be by no means out of place: He who is the guardian of an orphan of
either sex, and he among the guardians of the law to whom the
superintendence of this guardian has been assigned, shall love the
unfortunate orphan as though he were his own child, and he shall be as
careful and diligent in the management of his possessions as he would be
if they were his own, or even more careful and diligent. Let every one who
has the care of an orphan observe this law. But any one who acts contrary
to the law on these matters, if he be a guardian of the child, may be
fined by a magistrate, or, if he be himself a magistrate, the guardian may
bring him before the court of select judges, and punish him, if convicted,
by exacting a fine of double the amount of that inflicted by the court.
And if a guardian appears to the relations of the orphan, or to any other
citizen, to act negligently or dishonestly, let them bring him before the
same court, and whatever damages are given against him, let him pay
fourfold, and let half belong to the orphan and half to him who procured
the conviction. If any orphan arrives at years of discretion, and thinks
that he has been ill-used by his guardians, let him within five years of
the expiration of the guardianship be allowed to bring them to trial; and
if any of them be convicted, the court shall determine what he shall pay
or suffer. And if a magistrate shall appear to have wronged the orphan by
neglect, and he be convicted, let the court determine what he shall suffer
or pay to the orphan, and if there be dishonesty in addition to neglect,
besides paying the fine, let him be deposed from his office of guardian of
the law, and let the state appoint another guardian of the law for the
city and for the country in his room.

Greater differences than there ought to be sometimes arise between fathers
and sons, on the part either of fathers who will be of opinion that the
legislator should enact that they may, if they wish, lawfully renounce
their son by the proclamation of a herald in the face of the world, or of
sons who think that they should be allowed to indict their fathers on the
charge of imbecility when they are disabled by disease or old age. These
things only happen, as a matter of fact, where the natures of men are
utterly bad; for where only half is bad, as, for example, if the father be
not bad, but the son be bad, or conversely, no great calamity is the
result of such an amount of hatred as this. In another state, a son
disowned by his father would not of necessity cease to be a citizen, but
in our state, of which these are to be the laws, the disinherited must
necessarily emigrate into another country, for no addition can be made
even of a single family to the 5040 households; and, therefore, he who
deserves to suffer these things must be renounced not only by his father,
who is a single person, but by the whole family, and what is done in these
cases must be regulated by some such law as the following: He who in the
sad disorder of his soul has a mind, justly or unjustly, to expel from his
family a son whom he has begotten and brought up, shall not lightly or at
once execute his purpose; but first of all he shall collect together his
own kinsmen, extending to cousins, and in like manner his son's kinsmen by
the mother's side, and in their presence he shall accuse his son, setting
forth that he deserves at the hands of them all to be dismissed from the
family; and the son shall be allowed to address them in a similar manner,
and show that he does not deserve to suffer any of these things. And if
the father persuades them, and obtains the suffrages of more than half of
his kindred, exclusive of the father and mother and the offender himself--
I say, if he obtains more than half the suffrages of all the other grown-
up members of the family, of both sexes, the father shall be permitted to
put away his son, but not otherwise. And if any other citizen is willing
to adopt the son who is put away, no law shall hinder him; for the
characters of young men are subject to many changes in the course of their
lives. And if he has been put away, and in a period of ten years no one is
willing to adopt him, let those who have the care of the superabundant
population which is sent out into colonies, see to him, in order that he
may be suitably provided for in the colony. And if disease or age or
harshness of temper, or all these together, makes a man to be more out of
his mind than the rest of the world are--but this is not observable,
except to those who live with him--and he, being master of his property,
is the ruin of the house, and his son doubts and hesitates about indicting
his father for insanity, let the law in that case ordain that he shall
first of all go to the eldest guardians of the law and tell them of his
father's misfortune, and they shall duly look into the matter, and take
counsel as to whether he shall indict him or not. And if they advise him
to proceed, they shall be both his witnesses and his advocates; and if the
father is cast, he shall henceforth be incapable of ordering the least
particular of his life; let him be as a child dwelling in the house for
the remainder of his days. And if a man and his wife have an unfortunate
incompatibility of temper, ten of the guardians of the law, who are
impartial, and ten of the women who regulate marriages, shall look to the
matter, and if they are able to reconcile them they shall be formally
reconciled; but if their souls are too much tossed with passion, they
shall endeavour to find other partners. Now they are not likely to have
very gentle tempers; and, therefore, we must endeavour to associate with
them deeper and softer natures. Those who have no children, or only a few,
at the time of their separation, should choose their new partners with a
view to the procreation of children; but those who have a sufficient
number of children should separate and marry again in order that they may
have some one to grow old with and that the pair may take care of one
another in age. If a woman dies, leaving children, male or female, the law
will advise rather than compel the husband to bring up the children
without introducing into the house a stepmother. But if he have no
children, then he shall be compelled to marry until he has begotten a
sufficient number of sons to his family and to the state. And if a man
dies leaving a sufficient number of children, the mother of his children
shall remain with them and bring them up. But if she appears to be too
young to live virtuously without a husband, let her relations communicate
with the women who superintend marriage, and let both together do what
they think best in these matters; if there is a lack of children, let the
choice be made with a view to having them; two children, one of either
sex, shall be deemed sufficient in the eye of the law. When a child is
admitted to be the offspring of certain parents and is acknowledged by
them, but there is need of a decision as to which parent the child is to
follow--in case a female slave have intercourse with a male slave, or with
a freeman or freedman, the offspring shall always belong to the master of
the female slave. Again, if a free woman have intercourse with a male
slave, the offspring shall belong to the master of the slave; but if a
child be born either of a slave by her master, or of his mistress by a
slave--and this be proven--the offspring of the woman and its father shall
be sent away by the women who superintend marriage into another country,
and the guardians of the law shall send away the offspring of the man and
its mother.

Neither God, nor a man who has understanding, will ever advise any one to
neglect his parents. To a discourse concerning the honour and dishonour of
parents, a prelude such as the following, about the service of the Gods,
will be a suitable introduction: There are ancient customs about the Gods
which are universal, and they are of two kinds: some of the Gods we see
with our eyes and we honour them, of others we honour the images, raising
statues of them which we adore; and though they are lifeless, yet we
imagine that the living Gods have a good will and gratitude to us on this
account. Now, if a man has a father or mother, or their fathers or mothers
treasured up in his house stricken in years, let him consider that no
statue can be more potent to grant his requests than they are, who are
sitting at his hearth, if only he knows how to show true service to them.

CLEINIAS: And what do you call the true mode of service?

ATHENIAN: I will tell you, O my friend, for such things are worth
listening to.

CLEINIAS: Proceed.

ATHENIAN: Oedipus, as tradition says, when dishonoured by his sons,
invoked on them curses which every one declares to have been heard and
ratified by the Gods, and Amyntor in his wrath invoked curses on his son
Phoenix, and Theseus upon Hippolytus, and innumerable others have also
called down wrath upon their children, whence it is clear that the Gods
listen to the imprecations of parents; for the curses of parents are, as
they ought to be, mighty against their children as no others are. And
shall we suppose that the prayers of a father or mother who is specially
dishonoured by his or her children, are heard by the Gods in accordance
with nature; and that if a parent is honoured by them, and in the gladness
of his heart earnestly entreats the Gods in his prayers to do them good,
he is not equally heard, and that they do not minister to his request? If
not, they would be very unjust ministers of good, and that we affirm to be
contrary to their nature.

CLEINIAS: Certainly.

ATHENIAN: May we not think, as I was saying just now, that we can possess
no image which is more honoured by the Gods, than that of a father or
grandfather, or of a mother stricken in years? whom when a man honours,
the heart of the God rejoices, and he is ready to answer their prayers.
And, truly, the figure of an ancestor is a wonderful thing, far higher
than that of a lifeless image. For the living, when they are honoured by
us, join in our prayers, and when they are dishonoured, they utter
imprecations against us; but lifeless objects do neither. And therefore,
if a man makes a right use of his father and grandfather and other aged
relations, he will have images which above all others will win him the
favour of the Gods.

CLEINIAS: Excellent.

ATHENIAN: Every man of any understanding fears and respects the prayers of
parents, knowing well that many times and to many persons they have been
accomplished. Now these things being thus ordered by nature, good men
think it a blessing from heaven if their parents live to old age and reach
the utmost limit of human life, or if taken away before their time they
are deeply regretted by them; but to bad men parents are always a cause of
terror. Wherefore let every man honour with every sort of lawful honour
his own parents, agreeably to what has now been said. But if this prelude
be an unmeaning sound in the ears of any one, let the law follow, which
may be rightly imposed in these terms: If any one in this city be not
sufficiently careful of his parents, and do not regard and gratify in
every respect their wishes more than those of his sons and of his other
offspring or of himself--let him who experiences this sort of treatment
either come himself, or send some one to inform the three eldest guardians
of the law, and three of the women who have the care of marriages; and let
them look to the matter and punish youthful evil-doers with stripes and
bonds if they are under thirty years of age, that is to say, if they be
men, or if they be women, let them undergo the same punishment up to forty
years of age. But if, when they are still more advanced in years, they
continue the same neglect of their parents, and do any hurt to any of
them, let them be brought before a court in which every single one of the
eldest citizens shall be the judges, and if the offender be convicted, let
the court determine what he ought to pay or suffer, and any penalty may be
imposed on him which a man can pay or suffer. If the person who has been
wronged be unable to inform the magistrates, let any freeman who hears of
his case inform, and if he do not, he shall be deemed base, and shall be
liable to have a suit for damage brought against him by any one who likes.
And if a slave inform, he shall receive freedom; and if he be the slave of
the injurer or injured party, he shall be set free by the magistrates, or
if he belong to any other citizen, the public shall pay a price on his
behalf to the owner; and let the magistrates take heed that no one wrongs
him out of revenge, because he has given information.

Cases in which one man injures another by poisons, and which prove fatal,
have been already discussed; but about other cases in which a person
intentionally and of malice harms another with meats, or drinks, or
ointments, nothing has as yet been determined. For there are two kinds of
poisons used among men, which cannot clearly be distinguished. There is
the kind just now explicitly mentioned, which injures bodies by the use of
other bodies according to a natural law; there is also another kind which
persuades the more daring class that they can do injury by sorceries, and
incantations, and magic knots, as they are termed, and makes others
believe that they above all persons are injured by the powers of the
magician. Now it is not easy to know the nature of all these things; nor
if a man do know can he readily persuade others to believe him. And when
men are disturbed in their minds at the sight of waxen images fixed either
at their doors, or in a place where three ways meet, or on the sepulchres
of parents, there is no use in trying to persuade them that they should
despise all such things because they have no certain knowledge about them.
But we must have a law in two parts, concerning poisoning, in whichever of
the two ways the attempt is made, and we must entreat, and exhort, and
advise men not to have recourse to such practises, by which they scare the
multitude out of their wits, as if they were children, compelling the
legislator and the judge to heal the fears which the sorcerer arouses, and
to tell them in the first place, that he who attempts to poison or enchant
others knows not what he is doing, either as regards the body (unless he
has a knowledge of medicine), or as regards his enchantments (unless he
happens to be a prophet or diviner). Let the law, then, run as follows
about poisoning or witchcraft: He who employs poison to do any injury, not
fatal, to a man himself, or to his servants, or any injury, whether fatal
or not, to his cattle or his bees, if he be a physician, and be convicted
of poisoning, shall be punished with death; or if he be a private person,
the court shall determine what he is to pay or suffer. But he who seems to
be the sort of man who injures others by magic knots, or enchantments, or
incantations, or any of the like practices, if he be a prophet or diviner,
let him die; and if, not being a prophet, he be convicted of witchcraft,
as in the previous case, let the court fix what he ought to pay or suffer.

When a man does another any injury by theft or violence, for the greater
injury let him pay greater damages to the injured man, and less for the
smaller injury; but in all cases, whatever the injury may have been, as
much as will compensate the loss. And besides the compensation of the
wrong, let a man pay a further penalty for the chastisement of his
offence: he who has done the wrong instigated by the folly of another,
through the lightheartedness of youth or the like, shall pay a lighter
penalty; but he who has injured another through his own folly, when
overcome by pleasure or pain, in cowardly fear, or lust, or envy, or
implacable anger, shall endure a heavier punishment. Not that he is
punished because he did wrong, for that which is done can never be undone,
but in order that in future times, he, and those who see him corrected,
may utterly hate injustice, or at any rate abate much of their evil-doing.
Having an eye to all these things, the law, like a good archer, should aim
at the right measure of punishment, and in all cases at the deserved
punishment. In the attainment of this the judge shall be a fellow-worker
with the legislator, whenever the law leaves to him to determine what the
offender shall suffer or pay; and the legislator, like a painter, shall
give a rough sketch of the cases in which the law is to be applied. This
is what we must do, Megillus and Cleinias, in the best and fairest manner
that we can, saying what the punishments are to be of all actions of theft
and violence, and giving laws of such a kind as the Gods and sons of Gods
would have us give.

If a man is mad he shall not be at large in the city, but his relations
shall keep him at home in any way which they can; or if not, let them pay
a penalty--he who is of the highest class shall pay a penalty of one
hundred drachmas, whether he be a slave or a freeman whom he neglects; and
he of the second class shall pay four-fifths of a mina; and he of the
third class three-fifths; and he of the fourth class two-fifths. Now there
are many sorts of madness, some arising out of disease, which we have
already mentioned; and there are other kinds, which originate in an evil
and passionate temperament, and are increased by bad education; out of a
slight quarrel this class of madmen will often raise a storm of abuse
against one another, and nothing of that sort ought to be allowed to occur
in a well-ordered state. Let this, then, be the law about abuse, which
shall relate to all cases: No one shall speak evil of another; and when a
man disputes with another he shall teach and learn of the disputant and
the company, but he shall abstain from evil-speaking; for out of the
imprecations which men utter against one another, and the feminine habit
of casting aspersions on one another, and using foul names, out of words
light as air, in very deed the greatest enmities and hatreds spring up.
For the speaker gratifies his anger, which is an ungracious element of his
nature; and nursing up his wrath by the entertainment of evil thoughts,
and exacerbating that part of his soul which was formerly civilised by
education, he lives in a state of savageness and moroseness, and pays a
bitter penalty for his anger. And in such cases almost all men take to
saying something ridiculous about their opponent, and there is no man who
is in the habit of laughing at another who does not miss virtue and
earnestness altogether, or lose the better half of greatness. Wherefore
let no one utter any taunting word at a temple, or at the public
sacrifices, or at the games, or in the agora, or in a court of justice, or
in any public assembly. And let the magistrate who presides on these
occasions chastise an offender, and he shall be blameless; but if he fails
in doing so, he shall not claim the prize of virtue; for he is one who
heeds not the laws, and does not do what the legislator commands. And if
in any other place any one indulges in these sort of revilings, whether he
has begun the quarrel or is only retaliating, let any elder who is present
support the law, and control with blows those who indulge in passion,
which is another great evil; and if he do not, let him be liable to pay
the appointed penalty. And we say now, that he who deals in reproaches
against others cannot reproach them without attempting to ridicule them;
and this, when done in a moment of anger, is what we make matter of
reproach against him. But then, do we admit into our state the comic
writers who are so fond of making mankind ridiculous, if they attempt in a
good-natured manner to turn the laugh against our citizens? or do we draw
the distinction of jest and earnest, and allow a man to make use of
ridicule in jest and without anger about any thing or person; though as we
were saying, not if he be angry and have a set purpose? We forbid earnest
--that is unalterably fixed; but we have still to say who are to be
sanctioned or not to be sanctioned by the law in the employment of
innocent humour. A comic poet, or maker of iambic or satirical lyric
verse, shall not be permitted to ridicule any of the citizens, either by
word or likeness, either in anger or without anger. And if any one is
disobedient, the judges shall either at once expel him from the country,
or he shall pay a fine of three minae, which shall be dedicated to the God
who presides over the contests. Those only who have received permission
shall be allowed to write verses at one another, but they shall be without
anger and in jest; in anger and in serious earnest they shall not be
allowed. The decision of this matter shall be left to the superintendent
of the general education of the young, and whatever he may license, the
writer shall be allowed to produce, and whatever he rejects let not the
poet himself exhibit, or ever teach anybody else, slave or freeman, under
the penalty of being dishonoured, and held disobedient to the laws.

Now he is not to be pitied who is hungry, or who suffers any bodily pain,
but he who is temperate, or has some other virtue, or part of a virtue,
and at the same time suffers from misfortune; it would be an extraordinary
thing if such an one, whether slave or freeman, were utterly forsaken and
fell into the extremes of poverty in any tolerably well-ordered city or
government. Wherefore the legislator may safely make a law applicable to
such cases in the following terms: Let there be no beggars in our state;
and if anybody begs, seeking to pick up a livelihood by unavailing
prayers, let the wardens of the agora turn him out of the agora, and the
wardens of the city out of the city, and the wardens of the country send
him out of any other parts of the land across the border, in order that
the land may be cleared of this sort of animal.

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
slave who has done the injury. But if the 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 rescinded, and there shall be a discussion and a
decision as to whether the suit was determined by that false evidence or
not; 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 civiliser 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 that both the art, and the power of speech which is thereby
imparted, are at the service of him who 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 listen 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 for those who disobey,
the voice of the law is as follows: If any one 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 he 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.