A Day in Old Athens; a Picture of Athenian LifeDavis, William Stearns
History
A Day in Old Athens; a Picture of Athenian Life
Davis, William Stearns
Athens (Greece) -- Social life and customs
Lamachus hesitates. If he obeys, he loses all the rest of his defense.
If he continues now, he enrages many of the dicasts, who will be
absolutely sure to find against him. The presiding archon vainly
rises, and tries to say something about “fair play.” Useless. The
uproar continues. Like a flock of scared doves Lamachus and all his
five children flee incontinently from the tribune, amid ironical cheers
and laughter.
121. The First Verdict.—There is silence at length. “The dicasts will
proceed to vote,” announces the court crier. The huge urns (one of
bronze, one of wood) with narrow mouths are passed among the benches.
Each juror has two round bronze disks, one solid, one with a hole bored
in the middle. The solid acquit, the pierced ones convict. A juror
drops the ballot he wishes to count into the bronze urn; the other goes
into the wooden urn. The bronze urn is carried to the archon, and
there is an uneasy hush while the 401 ballots are counted by the court
officers. As expected, more than 300 dicasts vote that Ariston is
entitled to damages against Lamachus as an embezzler.
122. The Second and Final Verdict.—Ariston is smiling; his friends are
congratulating him, but the trial is by no means over. If Lamachus had
been found guilty of something for which the law provided an absolute
fixed penalty, this second part of the proceedings would be omitted.
But here, although the jury has said _some_ damage or penalty or
penalties are due, it has still to fix the amount. Ariston has now to
propose to the dicasts a sum which he thinks is adequate to avenge his
wrongs and losses; Lamachus can propose a smaller sum and try to
persuade the court that it is entirely proper. Each side must act
warily. Athenian jurors are fickle folk. The very men who have just
howled down Lamachus may, in a spasm of repentance, vote for absurdly
low damages. Again, Lamachus must not propose anything obviously
inadequate, otherwise the jurors who have just voted against him may
feel insulted, and accept Ariston’s estimate.[*] Ariston therefore
says that he deserves at least a talent. Lamachus rejoins that half a
talent is more than ample, even conceding Arison’s alleged wrongs. The
arguments this time are shorter and more to the point. Then comes the
second balloting. A second time a majority (smaller this time, but
enough) is in favor of Ariston. The better cause has conquered; and
there is at least this advantage to the Athenian legal system, there
will be no appeal nor tedious technicalities before a “higher court.”
The verdict of the dicastery is final.
[*] Undoubtedly Socrates would have escaped with his life, if (after
his original condemnation) he had proposed a real penalty to the jury,
instead of an absurdly small fine. The only alternative for the
dicasts was to accept the proposition of his opponents,—in his case,
death.
Public-domain text, read in full here on John Shaqi.
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