The Polity of the Athenians and the Lacedaemonians [9]
to appoint. These, be it borne in mind, are all matters of yearly occurrence; while at intervals there are exemptions and abstentions from military service[10] which call for adjudication, or in connection with some other extraordinary misdemeanour, some case of outrage and violence of an exceptional character, or some charge of impiety. A whole string of others I simply omit; I am content to have named the most important part with the exception of the assessments of tribute which occur, as a rule, at intervals of five years.[11]
[7] Adopting the emendation of Kirchhoff, who inserts the sentence in brackets. For the festivals in question, see "Dict. of Antiq." "Lampadephoria"; C. R. Kenney, "Demosth. against Leptines," etc., App. vi.
[8] For the institution called the {dokimasia}, see Aristot. "Constitution of Athens," ch. lv.
[9] See Dem. "against Midias," 565, 17; "against Apholus" (1), 814, 20.
[10] See Lys. "Or." xiv. and xv.
[11] See Grote, "H. G." vi. p. 48; Thuc. vii. 78; i. 96; Arist. "Wasps," 707; Aristot. "Pol." v. 8.
I put it to you, then: can any one suppose that all, or any, of these may dispense with adjudication?[12] If so, will any one say which ought, and which ought not, to be adjudicated on, there and then? If, on the other hand, we are forced to admit that these are all fair cases for adjudication, it follows of necessity that they should be decided during the twelve-month; since even now the boards of judges sitting right through the year are powerless to stay the tide of evildoing by reason of the multitude of the people.
[12] Reading with Kirchhoff. Cf. for {oiesthai khre}, "Hell." VI. iv. 23; "Cyr." IV. ii. 28.
So far so good.[13] "But," some one will say, "try the cases you certainly must, but lessen the number of the judges." But if so, it follows of necessity that unless the number of courts themselves are diminished in number there will only be a few judges sitting in each court,[14] with the further consequence that in dealing with so small a body of judges it will be easier for a litigant to present an invulnerable front[15] to the court, and to bribe[16] the whole body, to the great detriment of justice.[17]
[13] See Grote, "H. G." v. 514, 520; Machiavelli, "Disc. s. Livio," i. 7.
[14] Reading with Sauppe, {anagke toinun, ean me} [for the vulgate {ean men oliga k.t.l.}] {oliga poiontai dikasteria, oligoi en ekasto esontai to dikasterio}. Or, adopting Weiske's emendation, {ean men polla poiontai dikasteria k.t.l.} Translate, "Then, if by so doing they manage to multiply the law courts, there will be only a few judges sitting," etc.
[15] Or, as Liddell and Scott, "to prepare all his tricks."
[16] {sundekasoi}, "to bribe in the lump." This is Schneider's happy emendation of the MS. {sundikasai}; see Demosthenes, 1137, 1.
[17] Reading {oste}, lit. "so as to get a far less just judgment."
But besides this we cannot escape the conclusion that the Athenians have their festivals to keep, during which the courts cannot sit.[18] As a matter of fact these festivals are twice as numerous as those of any other people. But I will reckon them as merely equal to those of the state which has the fewest.
[18] Lit. "it is not possible to give judgment"; or, "for juries to sit."
This being so, I maintain that it is not possible for business affairs at Athens to stand on any very different footing from the present, except to some slight extent, by adding here and deducting there. Any large modification is out of the question, short of damaging the democracy itself. No doubt many expedients might be discovered for improving the constitution, but if the problem be to discover some adequate means of improving the constitution, while at the same time the democracy is to remain intact, I say it is not easy to do this, except, as I have just stated, to the extent of some trifling addition here or deduction there.
There is another point in which it is sometimes felt that the Athenians are ill advised, in their
[7] Adopting the emendation of Kirchhoff, who inserts the sentence in brackets. For the festivals in question, see "Dict. of Antiq." "Lampadephoria"; C. R. Kenney, "Demosth. against Leptines," etc., App. vi.
[8] For the institution called the {dokimasia}, see Aristot. "Constitution of Athens," ch. lv.
[9] See Dem. "against Midias," 565, 17; "against Apholus" (1), 814, 20.
[10] See Lys. "Or." xiv. and xv.
[11] See Grote, "H. G." vi. p. 48; Thuc. vii. 78; i. 96; Arist. "Wasps," 707; Aristot. "Pol." v. 8.
I put it to you, then: can any one suppose that all, or any, of these may dispense with adjudication?[12] If so, will any one say which ought, and which ought not, to be adjudicated on, there and then? If, on the other hand, we are forced to admit that these are all fair cases for adjudication, it follows of necessity that they should be decided during the twelve-month; since even now the boards of judges sitting right through the year are powerless to stay the tide of evildoing by reason of the multitude of the people.
[12] Reading with Kirchhoff. Cf. for {oiesthai khre}, "Hell." VI. iv. 23; "Cyr." IV. ii. 28.
So far so good.[13] "But," some one will say, "try the cases you certainly must, but lessen the number of the judges." But if so, it follows of necessity that unless the number of courts themselves are diminished in number there will only be a few judges sitting in each court,[14] with the further consequence that in dealing with so small a body of judges it will be easier for a litigant to present an invulnerable front[15] to the court, and to bribe[16] the whole body, to the great detriment of justice.[17]
[13] See Grote, "H. G." v. 514, 520; Machiavelli, "Disc. s. Livio," i. 7.
[14] Reading with Sauppe, {anagke toinun, ean me} [for the vulgate {ean men oliga k.t.l.}] {oliga poiontai dikasteria, oligoi en ekasto esontai to dikasterio}. Or, adopting Weiske's emendation, {ean men polla poiontai dikasteria k.t.l.} Translate, "Then, if by so doing they manage to multiply the law courts, there will be only a few judges sitting," etc.
[15] Or, as Liddell and Scott, "to prepare all his tricks."
[16] {sundekasoi}, "to bribe in the lump." This is Schneider's happy emendation of the MS. {sundikasai}; see Demosthenes, 1137, 1.
[17] Reading {oste}, lit. "so as to get a far less just judgment."
But besides this we cannot escape the conclusion that the Athenians have their festivals to keep, during which the courts cannot sit.[18] As a matter of fact these festivals are twice as numerous as those of any other people. But I will reckon them as merely equal to those of the state which has the fewest.
[18] Lit. "it is not possible to give judgment"; or, "for juries to sit."
This being so, I maintain that it is not possible for business affairs at Athens to stand on any very different footing from the present, except to some slight extent, by adding here and deducting there. Any large modification is out of the question, short of damaging the democracy itself. No doubt many expedients might be discovered for improving the constitution, but if the problem be to discover some adequate means of improving the constitution, while at the same time the democracy is to remain intact, I say it is not easy to do this, except, as I have just stated, to the extent of some trifling addition here or deduction there.
There is another point in which it is sometimes felt that the Athenians are ill advised, in their