The Athenian Constitution — Aristotle — John Shaqi
The Athenian Constitution
Aristotle · en
These preliminaries being concluded, the cases are called on. If it is
a day for private cases, the private litigants are called. Four cases
are taken in each of the categories defined in the law, and the
litigants swear to confine their speeches to the point at issue. If it
is a day for public causes, the public litigants are called, and only
one case is tried. Water-clocks are provided, having small
supply-tubes, into which the water is poured by which the length of the
pleadings is regulated. Ten gallons are allowed for a case in which an
amount of more than five thousand drachmas is involved, and three for
the second speech on each side. When the amount is between one and five
thousand drachmas, seven gallons are allowed for the first speech and
two for the second; when it is less than one thousand, five and two.
Six gallons are allowed for arbitrations between rival claimants, in
which there is no second speech. The official chosen by lot to
superintend the water-clock places his hand on the supply tube whenever
the clerk is about to read a resolution or law or affidavit or treaty.
When, however, a case is conducted according to a set measurement of
the day, he does not stop the supply, but each party receives an equal
allowance of water. The standard of measurement is the length of the
days in the month Poseideon. The measured day is employed in cases
when imprisonment, death, exile, loss of civil rights, or confiscation
of goods is assigned as the penalty.
Part 68
Most of the courts consist of 500 members; and when it is necessary
to bring public cases before a jury of 1,000 members, two courts
combine for the purpose, the most important cases of all are brought
1,500 jurors, or three courts. The ballot balls are made of brass with
stems running through the centre, half of them having the stem pierced
and the other half solid. When the speeches are concluded, the
officials assigned to the taking of the votes give each juror two
ballot balls, one pierced and one solid. This is done in full view of
the rival litigants, to secure that no one shall receive two pierced or
two solid balls. Then the official designated for the purpose takes
away the jurors' staves, in return for which each one as he records his
vote receives a brass voucher marked with the numeral 3 (because he
gets three obols when he gives it up). This is to ensure that all shall
vote; since no one can get a voucher unless he votes. Two urns, one of
brass and the other of wood, stand in the court, in distinct spots so
that no one may surreptitiously insert ballot balls; in these the
jurors record their votes. The brazen urn is for effective votes, the
wooden for unused votes; and the brazen urn has a lid pierced so as to
take only one ballot ball, in order that no one may put in two at a
time.