The Polity of the Athenians and the LacedaemoniansXenophon
History
The Polity of the Athenians and the Lacedaemonians
Xenophon
Classical literature; Greece -- Politics and government -- Early works to 1800
Here are some of the cases which have to be decided on. Some one fails
to fit out a ship: judgement must be given. Another puts up a building
on a piece of public land: again judgement must be given. Or, to take
another class of cases: adjudication has to be made between the choragi
for the Dionysia, the Thargelia, the Panathenaea, year after year. ( (7)
And again in behalf of the gymnasiarchs a similar adjudication for the
Panathenaea, the Prometheia, and the Hephaestia, also year after year.)
Also as between the trierarchs, four hundred of whom are appointed each
year, of these, too, any who choose must have their cases adjudicated
on, year after year. But that is not all. There are various magistrates
to examine and approve (8) and decide between; there are orphans (9)
whose status must be examined; and guardians of prisoners 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.
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