If any one should propose that the same persons
should cultivate their own lands and the public ones also, then there
would be a deficiency [1268b] of provisions to supply two families, as
the lands would not immediately yield enough for themselves and the
soldiers also; and all these things would occasion great confusion.
Nor do I approve of his method of determining causes, when he would
have the judge split the case which comes simply before him; and thus,
instead of being a judge, become an arbitrator. Now when any matter is
brought to arbitration, it is customary for many persons to confer
together upon the business that is before them; but when a cause is
brought before judges it is not so; and many legislators take care
that the judges shall not have it in their power to communicate their
sentiments to each other. Besides, what can prevent confusion on the
bench when one judge thinks a fine should be different from what
another has set it at; one proposing twenty minae, another ten, or be
it more or less, another four, and another five; and it is evident,
that in this manner they will differ from each other, while some will
give the whole damages sued for, and others nothing; in this
situation, how shall their determinations be settled? Besides, a judge
cannot be obliged to perjure himself who simply acquits or condemns,
if the action is fairly and justly brought; for he who acquits the
party does not say that he ought not to pay any fine at all, but that
he ought not to pay a fine of twenty minae.
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