cate 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, though very
pleasing in speculation, is what the legislator should not settle, for
it would encourage informers, and probably occasion commotions in the
state. And this proposal of his gives rise also to further conjectures
and inquiries; for some persons have doubted whether it is useful or
hurtful to alter the established law of any country, if even for the
better; for which reason one cannot immediately determine upon what he
here says, whether it is advantageous to alter the law or not. We know,
indeed, that it is possible to propose to new model both the laws and
government as a common good; and since we have mentioned this subject,
it may be very proper to enter into a few particulars concerning it, for
it contains some difficulties, as I have already said, and it may appear
better to alter them, since it has been found useful in other sciences.

Thus the science of physic is extended beyond its ancient bounds; so is
the gymnastic, and indeed all other arts and powers; so that one may lay
it down for certain that the same thing will necessarily hold good in
the art of government. And it may also be affirmed, that experience
itself gives a proof of this; for the ancient laws are too simple and
barbarous; which allowed the Greeks to wear swords in the city, and to
buy their wives of each [1269a]. other. And indeed all the remains of
old laws which we have are very simple; for instance, a law in Cuma
relative to murder. If any