It shall be open to any one who chooses, to come and reside in the city as a stranger or artisan to exercise his craft, without payment of any fee, simply on condition of good conduct; and of being enrolled with his property in the register. But he shall not acquire any fixed settlement. After twenty years, he must depart and take away his property. When he departs, the entries belonging to his name, in the proprietary register, shall be cancelled. If he has a son, the son may also exercise the same art and reside as a metic in the city for twenty years, but no longer; beginning from the age of fifteen. Any metic who may render special service to the city, may have his term prolonged, the magistrates and the citizens consenting.[284]
[284] Plato, Legg. viii. p. 850.
Offences and penal judicature — Procedure of the Dikasts.
Plato now passes to the criminal code of his community: the determination of offences, penalties, and penal judicature. Serious and capital offences will be judged by the thirty-seven Nomophylakes, in conjunction with a Board of Select Dikasts, composed of the best among the magistrates of the preceding year.[285] They will hear first the pleading of the accuser, next that of the accused: they will then proceed, in the order of seniority, to put questions to both these persons, sifting the matter of charge. Plato requires them to be active in this examination, and to get at the facts by mental effort of their own. They will take notes of the examination, then seal up the tablet, and deposit it upon the altar of Hestia. On the morrow they will reassemble and repeat their examination, hearing witnesses and calling for information respecting the affair. On the third day, again the like: after which they will deliver their verdict on the altar of Hestia. Upon this altar two urns will be placed, for condemnation and acquittal: each Dikast will deposit his pebble in one or other of these, openly before the accuser and accused, and before the assembled citizens.[286]
[285] Plato, Legg. ix. pp. 855-856. This judicial Board is mentioned also in xi. pp. 926 D, 928 B, 938 B, under the title of τὸ τῶν ἐκκρίτων δικαστήριον — τὸ τῶν ἐκλεκτῶν δικαστήριον. It forms the parallel to the Areiopagus at Athens. See K. F. Hermann, De Vestigiis Institut. Attic., &c., pp. 45-46, &c.
[286] Plato, Legg. ix. pp. 855-856. Compare the procedure before the Areiopagus at Athens, as described by Schömann, Antiq. Juris Publ. Græc. Part v. s. 63, p. 292. It does not appear that the Areiopagites at Athens were in the practice of exercising any such ἀνάκρισις of the parties before them, as Plato enjoins upon his ἐκλεκτοὶ δικασταί: though it was competent to the Dikasts at Athens to put questions if they chose. Meier und Schömann, Der Attische Prozess, p. 718.
Conformably to the general sentiment announced still more distinctly in the Republic, Plato speaks here also of penal legislation as if it were hardly required. He regards it as almost an insult to assume that any of his citizens can grow up capable of committing grave crimes, when they have been subjected to such a training, discipline, and government as he institutes. Still human nature is perverse: we must provide for the occurrence of some exceptional criminals among our citizens, even after all our precautionary supervision: besides, over and above the citizens, we have metics and slaves to watch over.[287]
[287] Plato, Legg. ix. p. 853 C-D-E.
Sacrilege, the gravest of all crimes. High Treason.
The first and gravest of all crimes is Sacrilege: pillage or destruction of places or objects consecrated to the Gods. Next comes high treason: either betrayal of the city to foreign enemies, or overthrow of the established laws and government. Persons charged with these crimes shall be tried before the Select Dikasts, or High Court above constituted. If found guilty, they shall be punished either capitally or by such other sentence as the court may award. But no sentence either of complete disfranchisement or of perpetual banishment can be passed against any citizen, because every one of the 5040 lots of land must always remain occupied.[288] Nor can any citizen be fined to any greater extent than what he possesses over and above his lot of land. He may be imprisoned, or flogged, or exposed in the pillory, or put to do penance in some sacred precinct. But his punishment shall noway extend to his children, unless persons of the same family shall be condemned to death for three successive generations. Should this occur, the family shall be held as tainted. Their lot of land shall be considered vacant, and assigned to some deserving young man of another citizen family.[289]