which he doth to his advocate, as at Fez in Africa, Bantam, Aleppo,
Ragusa, suam quisque causam dicere tenetur. Those advocates,
chirurgeons, and [632]physicians, which are allowed to be maintained
out of the [633]common treasury, no fees to be given or taken upon pain
of losing their places; or if they do, very small fees, and when the
[634]cause is fully ended. [635]He that sues any man shall put in a
pledge, which if it be proved he hath wrongfully sued his adversary,
rashly or maliciously, he shall forfeit, and lose. Or else before any
suit begin, the plaintiff shall have his complaint approved by a set
delegacy to that purpose; if it be of moment he shall be suffered as
before, to proceed, if otherwise they shall determine it. All causes
shall be pleaded suppresso nomine, the parties' names concealed, if
some circumstances do not otherwise require. Judges and other officers
shall be aptly disposed in each province, villages, cities, as common
arbitrators to hear causes, and end all controversies, and those not
single, but three at least on the bench at once, to determine or give
sentence, and those again to sit by turns or lots, and not to continue
still in the same office. No controversy to depend above a year, but
without all delays and further appeals to be speedily despatched, and
finally concluded in that time allotted. These and all other inferior
magistrates to be chosen [636]as the literati in China, or by those
exact suffrages of the [637]Venetians, and such again not to be
eligible, or capable of magistracies, honours, offices, except they be
sufficiently [638]qualified for learning, manners, and that by the
strict approbation of deputed examiners: [639]first scholars to take
place, then soldiers; for I am of Vigetius his opinion, a scholar
deserves better than a soldier, because Unius aetatis sunt quae
fortiter fiunt, quae vero pro utilitate Reipub. scribuntur, aeterna: a
soldier's work lasts for an age, a scholar's for ever. If they
[640]misbehave themselves, they shall be deposed, and accordingly
punished, and whether their offices be annual [641]or otherwise, once a
year they shall be called in question, and give an account; for men are
partial and passionate, merciless, covetous, corrupt, subject to love,
hate, fear, favour, &c., omne sub regno graviore regnum: like Solon's
Areopagites, or those Roman Censors, some shall visit others, and
[642]be visited invicem themselves, [643] they shall oversee that no
prowling officer, under colour of authority, shall insult over his
inferiors, as so many wild beasts, oppress, domineer, flea, grind, or
trample on, be partial or corrupt, but that there be aequabile jus,
justice equally done, live as friends and brethren together; and which
[644]Sesellius would have and so much desires in his kingdom of France,
a diapason and sweet harmony of kings, princes, nobles, and plebeians
so mutually tied and involved in love, as well as laws and authority,
Public-domain text, read in full here on John Shaqi.
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