But if the losing party can prove, that any judge
has been bribed by the adversary, or that there is some mutual cause of
friendship between the judge and the adversary, or of hatred between the
judge and himself, or, lastly, that the usual process of justice has not
been observed, let such party be restored to his original position. But
this would, perhaps, not be observed by such as love to convict the
accused in a criminal case, rather by torture than proofs. But, for all
that, I can conceive on this point of no other process of justice than
the above, that befits the best system of governing a commonwealth.
27. Of these judges, there should be a large and odd number -- for
instance, sixty-one, or at least forty-one, -- and not more than one is
to be chosen of one clan, and that not for life, but every year a
certain proportion are to retire, and be replaced by as many others out
of different clans, that have reached their fortieth year.
28. In this council, let no judgment be pronounced save in the presence
of all the judges. But if any judge, from disease or other cause, shall
for a long time be unable to attend the council, let another be chosen
for that time to fill his place. But in giving their votes, they are all
not to utter their opinions aloud, but to signify them by ballot.
29. Let those who supply others' places in this and the first-mentioned
council first be paid out of the goods of those whom they have condemned
to death, and also out of the fines of which any are mulcted.
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