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the athenian constitution-第12章

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 each opposite the statue of the eponymous hero of his tribe; and if any one wishes to prefer a charge; on either public or private grounds; against any magistrate who has passed his audit before the law…courts; within three days of his having so passed; he enters on a whitened  tablet his own name and that of the magistrate prosecuted; together with the malpractice that is alleged against him。 He also appends his  claim for a penalty of such amount as seems to him fitting; and gives in the record to the Examiner。 The latter takes it; and if after reading it he considers it proved he hands it over; if a private case; to the local justices who introduce cases for the tribe concerned; while if it is a public case he enters it on the register of the Thesmothetae。 Then; if the Thesmothetae accept it; they bring the accounts of this magistrate once more before the law…court; and the decision of the jury stands as the final judgement。

Part 49

  The Council also inspects the horses belonging to the state。 If a man who has a good horse is found to keep it in bad condition; he is mulcted in his allowance of corn; while those which cannot keep up or which shy and will not stand steady; it brands with a wheel on the jaw; and the horse so marked is disqualified for service。 It also inspects those who appear to be fit for service as scouts; and any one whom it rejects is deprived of his horse。 It also  examines the infantry who serve among the cavalry; and any one whom it rejects ceases to receive his pay。 The roll of the cavalry is drawn up by the Commissioners of Enrolment (Catalogeis); ten in number;  elected by the Assembly by open vote。 They hand over to the Hipparchs and Phylarchs the list of those whom they have enrolled; and these officers take it and bring it up before the Council; and there open the sealed tablet containing the names of the cavalry。 If  any of those who have been on the roll previously make affidavit that they are physically incapable of cavalry service; they strike them out; then they call up the persons newly enrolled; and if any one makes affidavit that he is either physically or pecuniarily incapable of cavalry service they dismiss him; but if no such affidavit  is made the Council vote whether the individual in question is suitable for the purpose or not。 If they vote in the affirmative his name is  entered on the tablet; if not; he is dismissed with the others。   Formerly the Council used to decide on the plans for public buildings and the contract for making the robe of Athena;  but now this work is done by a jury in the law…courts appointed by lot; since the Council was considered to have shown favouritism in its  decisions。 The Council also shares with the Military Treasurer the  superintendence of the manufacture of the images of Victory and the prizes at the Panathenaic festival。   The Council also examines infirm paupers; for there is a law which provides that persons possessing less than three minas; who are so crippled as to be unable to do any work; are; after  examination by the Council; to receive two obols a day from the state for their support。 A treasurer is appointed by lot to attend to them。   The Council also; speaking broadly; cooperates in most of  the duties of all the other magistrates; and this ends the list of the functions of that body。

Part 50

  There are ten Commissioners for Repairs of Temples; elected by lot; who receive a sum of thirty minas from the  Receivers…General; and therewith carry out the most necessary repairs in the temples。   There are also ten City Commissioners (Astynomi); of whom five hold office in Piraeus and five in the city。 Their duty is  to see that female flute…and harp…and lute…players are not hired at more than two drachmas; and if more than one person is anxious to hire the same girl; they cast lots and hire her out to the person to whom the lot falls。 They also provide that no collector of sewage shall shoot any of his sewage within ten stradia of the walls; they  prevent people from blocking up the streets by building; or stretching barriers across them; or making drain…pipes in mid…air with a discharge into the street; or having doors which open outwards; they also remove the corpses of those who die in the streets; for which purpose they have a body of state slaves assigned to them。

Part 51

  Market Commissioners (Agoranomi) are elected by lot; five for Piraeus; five for the city。 Their statutory duty is to see that all articles offered for sale in the market are pure and unadulterated。   Commissioners of Weights and Measures (Metronomi) are elected by lot; five for the city; and five for Piraeus。 They see that sellers use fair weights and measures。   Formerly there were ten Corn Commissioners (Sitophylaces); elected by lot; five for Piraeus; and five for the city; but now there are twenty for the city and fifteen for Piraeus。 Their duties are; first; to see that the unprepared corn in the market is offered for sale at reasonable prices; and secondly; to see that the millers sell barley meal at a price proportionate to that of barley; and that the bakers sell their loaves at a price proportionate to that of wheat; and of such weight as the Commissioners may  appoint; for the law requires them to fix the standard weight。   There are ten Superintendents of the Mart; elected by lot; whose duty is to superintend the Mart; and to compel merchants to bring up into the city two…thirds of the corn which is brought by sea to the Corn Mart。

Part 52

  The Eleven also are appointed by lot to take care of the prisoners in the state gaol。 Thieves; kidnappers; and pickpockets are  brought to them; and if they plead guilty they are executed; but if  they deny the charge the Eleven bring the case before the law…courts; if the prisoners are acquitted; they release them; but if not; they then execute them。 They also bring up before the law…courts the list of farms and houses claimed as state…property; and if it is decided that they are so; they deliver them to the Commissioners for Public Contracts。 The Eleven also bring up informations laid against magistrates alleged to be disqualified; this function comes within their province; but some such cases are brought up by the Thesmothetae。   There are also five Introducers of Cases (Eisagogeis); elected by lot; one for each pair of tribes; who bring up the 'monthly' cases to the law…courts。 'Monthly' cases are these: refusal to pay up a dowry where a party is bound to do so; refusal to pay interest on money borrowed at 12 per cent。; or where a man desirous of setting up business in the market has borrowed from another man capital to start with; also cases of slander; cases arising out of  friendly loans or partnerships; and cases concerned with slaves; cattle; and the office of trierarch; or with banks。 These are brought up as 'monthly' cases and are introduced by these officers; but the Receivers…General perform the same function in cases for or against the farmers of taxes。 Those in which the sum concerned is not more than ten drachmas they can decide summarily; but all above  that amount they bring into the law…courts as 'monthly' cases。

Part 53

  The Forty are also elected by lot; four from each tribe;  before whom suitors bring all other cases。 Formerly they were thirty in number; and they went on circuit through the demes to hear causes; but after the oligarchy of the Thirty they were increased to forty。 They have full powers to decide cases in which the amount at issue does not exceed ten drachmas; but anything beyond that value they hand over to the Arbitrators。 The Arbitrators take up the case; and; if they cannot bring the parties to an agreement; they give a decision。 If their decision satisfies both parties; and they abide by it; the case is at an end; but if either of the parties appeals to the law…courts; the Arbitrators enclose the evidence; the pleadings; and the laws quoted in the case in two urns; those of the  plaintiff in the one; and those of the defendant in the other。 These they seal up and; having attached to them the decision of the arbitrator; written out on a tablet; place them in the custody of the four justices whose function it is to introduce cases on behalf of the tribe of the defendant。 These officers take them and bring up the case before the law…court; to a jury of two hundred and one members in  cases up to the value of a thousand drachmas; or to one of four hundred  and one in cases above that value。 No laws or pleadings or evidence may be used except those which were adduced before the Arbitrator; and have been enclosed in the urns。   The Arbitrators are persons in the sixtieth year of their age; this appears from the schedule of the Archons and the Eponymi。 There are two classes of Eponymi; the ten who give their names to the tribes; and the forty…two of the years of service。 The youths; on being enrolled among the citizens; were formerly registered upon whitened tablets; and the names were appended of the Archon in whose year they were enrolled; and of the Eponymus who had been in  course in the preceding year; at the present day they are written on a bronze pillar; which stands in front of the Council…chamber; near  the Eponymi of the tribes。 Then the Forty take th
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