The public arbitrators ([Greek: diaitetai]) were a body including all
Athenian citizens in the sixtieth year of their age. The arbitrator, on
receiving the case from the four representatives of the Forty, first
endeavoured to bring the parties to an agreement. If this failed, he
heard the evidence and gave a decision. If the decision were accepted,
the case was at an end, but, if either of the two parties insisted on
appealing to a law-court, the arbitrator placed in two caskets (one for
each party) copies of all the depositions, oaths and challenges, and of
all the laws quoted in the case, sealed them up, and, after attaching a
copy of his own decision, handed them over to the four representatives
of the Forty, who brought the case into court and presided over the
trial. Documents which had not been brought before the arbitrator could
not be produced in court. The court consisted of 201 jurors where the
sum in question was not more than 1000 _drachmae_ (L40); in other cases
the number of jurors was 401 (c. 53).
Eisagogeis.
A small board of five appointed by lot, one for each pair of tribes, and
known as the "introducers" ([Greek: eisagogeis]), brought up certain of
the cases that had to be decided within a month ([Greek: emmenoi
dikai]), such as actions for restitution of dowry, repayment of capital
for setting up a business, and cases connected with banking.
Heliaea.
The largest and most important of the legal tribunals, the "dicastery"
(_par excellence_), was known as the _heliaea_. The name, which is of
uncertain origin,[4] denotes not only the place where the court was held
but also the members of the court,--the _heliastae_ of Aristophanes, the
_dicastae_, or [Greek: andres dikastai], of the Attic orators. During
the palmy days of the Athenian democracy, in the interval between the
Persian and the Peloponnesian wars, the total number liable to serve as
jurors is said to have been 6000 (Aristotle, _u.s._ c. 24. 3), and this
number was never exceeded (Aristoph. _Vesp._ 661 f.). Any Athenian
citizen in full possession of his rights, and over thirty years of age,
was entitled to be placed on the list (Aristotle, _u.s._ c. 63. 3). At
the beginning of the year the whole body of jurors assembled on the hill
of Ardettos looking down on the Panathenaic Stadium, and there took a
solemn oath to the effect that they would judge according to the laws
and decrees of the Athenian people and of the council of the Five
Hundred (Boule), and that, in cases where there were no laws, they would
decide to the best of their judgment; that they would hear both sides
impartially, and vote on the case actually before the court.
Public-domain text, read in full here on John Shaqi.
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