Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
<<Pl. Leg. 853b | Pl. Leg. 855c (Greek) | >>Pl. Leg. 857c |
854eit makes the person who suffers it either better or less bad. note But if any citizen is ever convicted of such an act,—that is, of committing some great and infamous wrong against gods, parents, or State—the judge shall regard him as already incurable, reckoning that, in spite of all the training and nurture he has had from infancy, he has not refrained from the worst iniquity. For him the penalty is death, the least of evils; and, moreover,
855aby serving as an example, he will benefit others, when himself disgraced and removed from sight beyond the borders of the country; but his children and family, if they shun their father's ways, shall be honored, and honorable mention shall be made of them, seeing that they have done well and bravely in leaving the ways of vice for those of virtue. That the goods of any such criminal should be confiscated would not be fitting in a State in which the allotments must remain always identical and equal in number. Whosoever is held to have done a wrong which deserves a money-fine must pay the fine exacted when the fine comes within the limits of the surplus he has over when his allotment has been equipped,
855bbut not what exceeds this: the precise facts in such cases the Law-wardens must find out from the registers, note and they must inform the judges of the true state of each case, in order to prevent any allotment falling out of cultivation through lack of money. And if any man is held to deserve a larger fine, in case none of his friends are willing to go bail or, by clubbing together, to pay the sum and set him free, then we must punish him by long imprisonment, of a public kind,
855cand by measures of degradation; but no one shall be absolutely outlawed for any single crime, even though he be banished from the country. note The punishments to be inflicted shall be death, or imprisonment, or stripes, or seats or stations or exposures of a degrading kind at temples or at outermost boundaries, or money-fines of the kind we have stated,—where such punishments are required. In cases where the penalty is death, the judges shall be the Law-wardens together with the court of last year's magistrates selected by merit. note In respect of these cases
855dthe younger lawgivers must attend to the indictments and summonses and all such matters, and the procedure involved, while it is our task to regulate by law the method of voting. The votes shall be cast openly, and, before this takes place, our judges shall be seated, facing the plaintiff and defendant, in a closely-packed row in order of seniority, and all the citizens who have leisure to do so shall attend and listen attentively to the trials.
855eOne speech shall be made by the plaintiff first, and secondly one by the defendant; and after these speeches the oldest judge shall lead off with his survey of the case, in which he shall review in detail the statements made; and after the oldest, each of the other judges in turn must discuss every point which he has noticed in which either of the litigants has been guilty of making any kind of omission or blunder in his statement; and he that has no such criticism to make shall pass on the task of reviewing to his neighbor; and when such of the statements as the judges have pronounced relevant have been confirmed by affixing to the documents the signatures
856aof all the judges, they shall lay them up at the altar of Hestia. On the morrow again they shall assemble at the same place and discuss the case, and they shall make their pronouncements in the same manner, and shall again sign the statements. And after doing this thrice,—during which proceedings they shall pay full attention to evidence and witnesses,—each of the judges shall cast a sacred vote, promising by Hestia to give just and true judgment to the best of his power; and thus they shall bring to its end this form of trial.
856bNext to cases which concern religion come those which concern the dissolution of the polity. Whosoever enslaves the laws by making them subject to men, and makes the State subject to a faction, and acts illegally in doing all this by violence and in stirring up civil strife,—such a man must be deemed the worst of all enemies to the whole State. And the man who, though he takes part in none of these doings, yet fails to observe them, while he has a share in the chief offices of State, or else, though he observes them, fails to defend his country
856cand punish them, owing to his cowardice,—a citizen of such a kind must be counted second in order of badness. Every man who is of the least worth shall inform the magistrates by prosecuting the plotter on a charge of violent and illegal revolution: they shall have the same judges as the temple-robbers had, and the whole trial shall be conducted just as it was in their case, and the death penalty shall be imposed by a majority of votes. As a summary rule, the disgrace or punishment inflicted on a father shall not descend upon his children,
856dexcept in a case where not only the father, but his father and grandfather before him, have all been condemned on a capital charge: in such a case, the children, while retaining their own property, excepting only the allotment with its full equipment, shall be deported by the State to their original country and State. And from the sons of citizens who happen to have more than one son over ten years old, ten shall be chosen by lot—after application made by the father or by the paternal or maternal grandfather,—and the names
Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
<<Pl. Leg. 853b | Pl. Leg. 855c (Greek) | >>Pl. Leg. 857c |