February 28 [Thu], 2013, 12:14
Now the establishment of courts of justice may be Michael Kors Gansevoort regarded as achoice of magistrates, for every magistrate must also be a judge ofsome things; and the judge, though he be not a magistrate, yet incertain respects is a very important magistrate on the day on which heis determining a suit. Regarding then the judges also asmagistrates, let us say who are fit to be judges, and of what they areto be judges, and how many of them are to judge in each suit. Let thatbe the supreme tribunal which the litigants appoint in common forthemselves, choosing certain persons by agreement. And let there betwo other tribunals: one for private causes, when a citizen accusesanother of wronging him and wishes to get a decision; the other forpublic causes, in which some citizen is of opinion that the public hasbeen wronged by an individual, and is willing to vindicate thecommon interests. And we must not forget to mention how the judges areto be qualified, and who they are to be. In the first place, let therebe a tribunal open to all private persons who are trying causes oneagainst another for the third time, and let this be composed asfollows:-All the officers of state, as well annual as those holdingoffice for a longer period, when the new year is about to commence, inthe month following after the summer solstice, on the last day but oneof the year, shall meet in some temple, and calling God to witness,shall dedicate one judge from every magistracy to be theirfirst-fruits, choosing in each office him who seems to them to bethe best, and whom they deem likely to decide the causes of hisfellow-citizens during the ensuing year in the best and holiestmanner. And when the election is completed, a scrutiny shall be heldin the presence of the electors themselves, and if any one be rejectedanother shall be chosen in the same manner. Those who have undergonethe scrutiny shall judge the causes of those who have declined theinferior courts, and shall give their vote openly. The councillors andother magistrates who have elected them shall be required to behearers and spectators of the causes; and any one else may bepresent who pleases. If one man charges another with havingintentionally decided wrong, let him go to the guardians of the lawand lay his accusation before them, and he who is found guilty in sucha case shall pay damages to the injured party equal to half theinjury; but if he shall appear to deserve a greater penalty, thejudges shall determine what additional punishment he shall suffer, andhow much more he ought to pay to the public treasury, and to the partywho brought the suit.
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