husbandman, which the legislator intended there should be; and if there should be any others who are to cultivate the private property of the husbandman and the common lands of the military, there will be a fourth order in the state which will have no share in it, and always entertain hostile sentiments towards it. 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. But he that condemns him is guilty of perjury if he sentences him to pay twenty minae while he believes the damages ought not to be so much.
Now with respect to these honours which he proposes to bestow on those who can give any information useful to the community, this,