[29] On the principle that 'the knee is nearer than the shin-bone,'
{gonu knemes}, or, as we say, 'charity begins at home.'
III
I repeat that my position concerning the polity of the Athenians is this: the type[1] of polity is not to my taste, but given that a democratic form of government has been agreed upon, they do seem to me to go the right way to preserve the democracy by the adoption of the particular type[2] which I have set forth.
[1] Or, 'manner.'
[2] Or, 'manner.'
But there are other objections brought, as I am aware, against the Athenians, by certain people, and to this effect. It not seldom happens, they tell us, that a man is unable to transact a piece of business with the senate or the People, even if he sit waiting a whole year. Now this does happen at Athens, and for no other reason save that, owing to the immense mass of affairs they are unable to work off all the business on hand, and dismiss the applicants. And how in the world should they be able, considering in the first place, that they, the Athenians, have more festivals[3] to celebrate than any other state throughout the length and breadth of Hellas? [During these festivals, of course, the transaction of any sort of affairs of state is still more out of the question.][4] In the next place, only consider the number of cases they have to decide-what with private suits and public causes and scrutinies of accounts, etc., more than the whole of the rest of mankind put together; while the senate has multifarious points to advise upon concerning peace and war,[5] concerning ways and means, concerning the framing and passing of laws,[6] and concerning the thousand and one matters affecting the state perpetually occurring, and endless questions touching the allies; besides the receipt of the tribute, the superintendence of dockyards and temples, etc. Can, I ask again, any one find it at all surprising that, with all these affairs on their hands, they are unequal to doing business with all the world?
[3] See Arist. 'Wasps,' 661.
[4] This sentence is perhaps a gloss.
[5] Or, 'about the war,' {peri tou polemou}.
[6] See Thirlwall, ch. xxxii. vol. iv. p. 221, note 3.
But some people tell us that if the applicant will only address himself to the senate or the People with a fee in his hand he will do a good stroke of business. And for my part I am free to confess to these gainsayers that a good many things may be done at Athens by dint of money; and I will add, that a good many more still might be done, if the money flowed still more freely and from more pockets. One thing, however, I know full well, that as to transacting with every one of these applicants all he wants, the state could not do it, not even if all the gold and silver in the world were the inducement offered.
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.
So far so good.[13] 'But,' some one will say, 'try the cases you certainly must, but lessen the number of the judges.' But if so, it follows of necessity that unless the number of courts themselves are diminished in number there will only be a few judges sitting in each court,[14] with the further consequence that in dealing with so small a body of judges it will be easier for a litigant to present an invulnerable front[15] to the court, and to bribe[16] the whole body, to the great detriment of justice.[17]
[13] See Grote, 'H. G.' v. 514, 520; Machiavelli, 'Disc. s. Livio,' i.
7.
[14] Reading with Sauppe, {anagke toinun, ean me} [for the vulgate
{ean men oliga k.t.l.}] {oliga poiontai dikasteria, oligoi en
ekasto esontai to dikasterio}. Or, adopting Weiske's emendation,
{ean men polla poiontai dikasteria k.t.l.} Translate, 'Then, if by
so doing they manage to multiply the law courts, there will be
only a few judges sitting,' etc.
[15] Or, as Liddell and Scott, 'to prepare all his tricks.'
[16] {sundekasoi}, 'to bribe in the lump.' This is Schneider's happy
emendation of the MS. {sundikasai}; see Demosthenes, 1137, 1.
[17] Reading {oste}, lit. 'so as to get a far less just judgment.'
But besides this we cannot escape the conclusion that the Athenians have their festivals to keep, during which the courts cannot sit.[18] As a matter of fact these festivals are twice as numerous as those of any other people. But I will reckon them as merely equal to those of the state which has the fewest.
[18] Lit. 'it is not possible to give judgment'; or, 'for juries to
sit.'
This being so, I maintain that it is not possible for business affairs at Athens to stand on any very different footing from the present, except to some slight extent, by adding here and deducting there. Any large modification is out of the question, short of damaging the democracy itself. No doubt many expedients might be discovered for improving the constitution, but if the problem be to discover some adequate means of improving the constitution, while at the same time the democracy is to remain intact, I say it is not easy to do this, except, as I have just stated, to the extent of some trifling addition here or deduction there.
There is another point in which it is sometimes felt that the Athenians are ill advised, in their adoption, namely, of the less respectable party, in a state divided by faction. But if so, they do it advisedly. If they chose the more respectable, they would be adopting those whose views and interests differ from their own, for there is no state in which the best element is friendly to the people. It is the worst element which in every state favours the democracy-on the principle that like favours like.[19] It is simple enough then. The Athenians choose what is most akin to themselves. Also on every occasion on which they have attempted to side with the better classes, it has not
