§6.766ΑΘ. παντὸς γὰρ δὴ φυτοῦ ἡ πρώτη βλάστη καλῶς ὁρμηθεῖσα, πρὸς ἀρετὴν τῆς αὑτοῦ φύσεως κυριωτάτη τέλος ἐπιθεῖναι τὸ πρόσφορον, τῶν τε ἄλλων φυτῶν καὶ τῶν ζῴων ἡμέρων καὶ ἀγρίων καὶ ἀνθρώπων·
ATH.: For indeed, of every plant, the first shoot, if well started, is most sovereign toward putting the proper end to the virtue of its own nature, both of other plants and of animals, tame and wild, and of men.
ἄνθρωπος δέ, ὥς φαμεν, ἥμερον, ὅμως μὴν παιδείας μὲν ὀρθῆς τυχὸν καὶ φύσεως εὐτυχοῦς, θειότατον ἡμερώτατόν τε ζῷον γίγνεσθαι φιλεῖ, μὴ ἱκανῶς δὲ ἢ μὴ καλῶς τραφὲν ἀγριώτατον, ὁπόσα φύει γῆ.
But man, as we say, is a tame animal, yet if he happens upon right education and a fortunate nature, he is wont to become the most divine and tame animal; but if insufficiently or not well reared, the wildest of all things that the earth produces.
ὧν ἕνεκα οὐ δεύτερον οὐδὲ πάρεργον δεῖ τὴν παίδων τροφὴν τὸν νομοθέτην ἐᾶν γίγνεσθαι, πρῶτον δὲ ἄρξασθαι χρεὼν τὸν μέλλοντα αὐτῶν ἐπιμελήσεσθαι καλῶς αἱρεθῆναι, τῶν ἐν τῇ πόλει ὃς ἂν ἄριστος εἰς πάντα ᾖ, τοῦτον κατὰ δύναμιν ὅτι μάλιστα αὐτοῖς καθιστάντα προστάττειν ἐπιμελητήν.
For which reasons, the lawgiver must not allow the rearing of children to become a secondary matter or a byproduct, but first it is necessary to begin by having the one who is going to supervise them well elected, and to appoint and command as supervisor for them the one who, of those in the city, is best in all respects, as much as possible.
αἱ πᾶσαι τοίνυν ἀρχαὶ πλὴν βουλῆς καὶ πρυτάνεων εἰς τὸ τοῦ Ἀπόλλωνος ἱερὸν ἐλθοῦσαι φερόντων ψῆφον κρύβδην, τῶν νομοφυλάκων ὅντινʼ ἂν ἕκαστος ἡγῆται κάλλιστʼ ἂν τῶν περὶ παιδείαν ἄρξαι γενομένων·
All the offices, therefore, except the council and the prytaneis, having gone to the temple of Apollo, shall cast their votes secretly, for whichever of the guardians of the laws each one thinks would rule most beautifully of those who have been appointed concerning education.
ᾧ δʼ ἂν πλεῖσται ψῆφοι συμβῶσιν, δοκιμασθεὶς ὑπὸ τῶν ἄλλων ἀρχόντων τῶν ἑλομένων, πλὴν νομοφυλάκων, ἀρχέτω ἔτη πέντε, ἕκτῳ δὲ κατὰ ταὐτὰ ἄλλον ἐπὶ ταύτην τὴν ἀρχὴν αἱρεῖσθαι.
And to whomsoever the most votes fall, having been approved by the other electing officials, except the guardians of the laws, let him rule for five years; and in the sixth year, let them elect another to this office in the same way.
ἐὰν δέ τις δημοσίαν ἀρχὴν ἄρχων ἀποθάνῃ πρὶν ἐξήκειν αὐτῷ τὴν ἀρχὴν πλεῖον ἢ τριάκοντα ἐπιδεομένην ἡμερῶν, τὸν αὐτὸν τρόπον ἐπὶ τὴν ἀρχὴν ἄλλον καθιστάναι οἷς ἦν τοῦτο προσηκόντως μέλον.
And if anyone ruling a public office dies before his office expires by more than thirty days, let those whose concern this properly was appoint another to the office in the same way.
καὶ ἐὰν ὀρφανῶν ἐπίτροπος τελευτήσῃ τις, οἱ προσήκοντες καὶ ἐπιδημοῦντες πρὸς πατρὸς καὶ μητρὸς μέχρι ἀνεψιῶν παίδων ἄλλον καθιστάντων ἐντὸς δέκα ἡμερῶν, ἢ ζημιούσθων ἕκαστος δραχμῇ τῆς ἡμέρας, μέχριπερ ἂν τοῖς παισὶν καταστήσωσι τὸν ἐπίτροπον.
And if any guardian of orphans dies, let the relatives who are in the country, on both the father's and the mother's side as far as cousins' children, appoint another within ten days, or let each be fined a drachma a day, until they appoint the guardian for the children.
πᾶσα δὲ δήπου πόλις ἄπολις ἂν γίγνοιτο, ἐν ᾗ δικαστήρια μὴ καθεστῶτα εἴη κατὰ τρόπον·
And indeed, every city would become no city in which courts are not properly established.
ἄφωνος δʼ αὖ δικαστὴς ἡμῖν καὶ μὴ πλείω τῶν ἀντιδίκων ἐν ταῖς ἀνακρίσεσι φθεγγόμενος, καθάπερ ἐν ταῖς διαίταις, οὐκ ἄν ποτε ἱκανὸς γένοιτο περὶ τὴν τῶν δικαίων κρίσιν·
But again, a silent judge for us, and one who speaks no more than the litigants in the preliminary hearings, as in arbitrations, would never become sufficient for the judgment of what is just.
ὧν ἕνεκα οὔτε πολλοὺς ὄντας ῥᾴδιον εὖ δικάζειν οὔτε ὀλίγους φαύλους.
For which reasons, it is easy neither for many being judges to judge well, nor for a few bad ones.
σαφὲς δὲ ἀεὶ τὸ ἀμφισβητούμενον χρεὼν γίγνεσθαι παρʼ ἑκατέρων, ὁ δὲ χρόνος ἅμα καὶ τὸ βραδὺ τό τε πολλάκις ἀνακρίνειν πρὸς τὸ φανερὰν γίγνεσθαι τὴν ἀμφισβήτησιν σύμφορον.
And it is always necessary for the matter in dispute to be made clear by both sides, and both time and slowness and frequent questioning are useful for making the dispute manifest.
§6.767ΑΘ. ὧν ἕνεκα πρῶτον μὲν εἰς γείτονας ἰέναι χρὴ τοὺς ἐπικαλοῦντας ἀλλήλοις καὶ τοὺς φίλους τε καὶ συνειδότας ὅτι μάλιστα τὰς ἀμφισβητουμένας πράξεις, ἐὰν δʼ ἄρα μὴ ἐν τούτοις τις ἱκανὴν κρίσιν λαμβάνῃ, πρὸς ἄλλο δικαστήριον ἴτω·
ATH.: For which reasons, first indeed, those who bring charges against one another must go to neighbors and to their friends and those who best know the disputed actions.
τὸ δὲ τρίτον, ἂν τὰ δύο δικαστήρια μὴ δύνηται διαλλάξαι, τέλος ἐπιθέτω τῇ δίκῃ.
But if indeed anyone does not receive sufficient judgment among these, let him go to another court; and third, if the two courts are not able to reconcile them, let the third court put an end to the suit.
τρόπον δή τινα καὶ τῶν δικαστηρίων αἱ καταστάσεις ἀρχόντων εἰσὶν αἱρέσεις·
In a certain way indeed, the establishments of the courts are also elections of officials; for it is necessary for every official to be also a judge of some things, and a judge is not an official, yet in a certain way he becomes an official of no small importance on that day on which he finishes judging the suit.
πάντα μὲν γὰρ ἄρχοντα ἀναγκαῖον καὶ δικαστὴν εἶναί τινων, δικαστὴς δὲ οὐκ ἄρχων καί τινα τρόπον ἄρχων οὐ πάνυ φαῦλος γίγνεται τὴν τόθʼ ἡμέραν ᾗπερ ἂν κρίνων τὴν δίκην ἀποτελῇ.
Having set down, indeed, also the judges as officials, let us say who would be proper, and of what things indeed they are judges, and how many for each.
θέντες δὴ καὶ τοὺς δικαστὰς ὡς ἄρχοντας, λέγωμεν τίνες ἂν εἶεν πρέποντες καὶ τίνων ἄρα δικασταὶ καὶ πόσοι ἐφʼ ἕκαστον.
Let the most sovereign court, therefore, be that which they themselves declare for themselves, having chosen some in common.
κυριώτατον μὲν τοίνυν ἔστω δικαστήριον ὅπερ ἂν αὐτοὶ ἑαυτοῖς ἀποφήνωσιν ἕκαστοι, κοινῇ τινας ἑλόμενοι· δύο δὴ τῶν λοιπῶν ἔστω κριτήρια, τὸ μὲν ὅταν τίς τινα ἰδιώτην ἰδιώτης, ἐπαιτιώμενος ἀδικεῖν αὐτόν, ἄγων εἰς δίκην βούληται διακριθῆναι, τὸ δʼ ὁπόταν τὸ δημόσιον ὑπό τινος τῶν πολιτῶν ἡγῆταί τις ἀδικεῖσθαι καὶ βουληθῇ τῷ κοινῷ βοηθεῖν, λεκτέον ὁποῖοί τʼ εἰσὶν καὶ τίνες οἱ κριταί.
And let there be two of the remaining courts: one indeed when a private citizen, accusing another private citizen of doing him injustice, wishes to be judged by bringing him to court; and the other when someone thinks the public is being wronged by one of the citizens and wishes to help the community; and we must say what kind of judges they are and who they are.
πρῶτον δὴ δικαστήριον ἡμῖν γιγνέσθω κοινὸν ἅπασι τοῖς τὸ τρίτον ἀμφισβητοῦσιν ἰδιώταις πρὸς ἀλλήλους, γενόμενον τῇδέ πῃ. πάσας δὴ τὰς ἀρχάς, ὁπόσαι τε κατʼ ἐνιαυτὸν καὶ ὁπόσαι πλείω χρόνον ἄρχουσιν, ἐπειδὰν μέλλῃ νέος ἐνιαυτὸς μετὰ θερινὰς τροπὰς τῷ ἐπιόντι μηνὶ γίγνεσθαι, ταύτης τῆς ἡμέρας τῇ πρόσθεν πάντας χρὴ τοὺς ἄρχοντας συνελθεῖν εἰς ἓν ἱερὸν καὶ τὸν θεὸν ὀμόσαντας οἷον ἀπάρξασθαι πάσης ἀρχῆς ἕνα δικαστήν, ὃς ἂν ἐν ἀρχῇ ἑκάστῃ ἄριστός τε εἶναι δόξῃ καὶ ἄριστʼ ἂν καὶ ὁσιώτατα τὰς δίκας τοῖς πολίταις αὐτῷ τὸν ἐπιόντα ἐνιαυτὸν φαίνηται διακρίνειν.
First indeed, let there be for us a court common to all who dispute in the third degree as private citizens against one another, arising in some such way as this: All the offices indeed, both as many as rule for a year and as many as for a longer time, when a new year is about to begin after the summer solstice in the following month, on the day before this, all the officials must assemble in one temple and, having sworn by the god, offer as it were one judge from each office, whoever in each office seems to be the best and seems to him to judge the suits for the citizens most beautifully and holily in the coming year.
τούτων δὲ αἱρεθέντων γίγνεσθαι μὲν δοκιμασίαν ἐν τοῖς ἑλομένοις αὐτοῖς, ἐὰν δὲ ἀποδοκιμασθῇ τις, ἕτερον ἀνθαιρεῖσθαι κατὰ ταὐτά, τοὺς δὲ δοκιμασθέντας δικάζειν μὲν τοῖς τἆλλα δικαστήρια φυγοῦσι, τὴν δὲ ψῆφον φανερὰν φέρειν·
And these having been elected, let an examination take place among those who elected them, and if anyone is disqualified, let another be chosen in his stead in the same way; and let those who are approved judge for those who flee the other courts, and let them cast their vote openly.
ἐπηκόους δʼ εἶναι καὶ θεατὰς τούτων τῶν δικῶν ἐξ ἀνάγκης μὲν βουλευτὰς καὶ τοὺς ἄλλους ἄρχοντας τοὺς ἑλομένους αὐτούς, τῶν δὲ ἄλλων τὸν βουλόμενον.
And let there be as hearers and spectators of these suits, of necessity, the councilors and the other officials who elected them, and of the others, anyone who wishes.
ἐὰν δέ τις ἐπαιτιᾶταί τινα ἑκόντα ἀδίκως κρῖναι τὴν δίκην, εἰς τοὺς νομοφύλακας ἰὼν κατηγορείτω· ὁ δὲ ὀφλὼν τὴν τοιαύτην δίκην ὑπεχέτω μὲν τοῦ βλάβους τῷ βλαφθέντι τὸ ἥμισυ τίνειν, ἐὰν δὲ μείζονος ἄξιος εἶναι δόξῃ ζημίας, προστιμᾶν τοὺς κρίναντας τὴν δίκην ὅτι χρὴ πρὸς τούτῳ παθεῖν αὐτὸν ἢ ἀποτίνειν τῷ κοινῷ καὶ τῷ τὴν δίκην δικασαμένῳ.
And if anyone accuses someone of having willingly and unjustly judged the suit, let him go to the guardians of the laws and accuse him; and let the one convicted of such a suit undergo the payment of half the damage to the injured party, and if he seems to be worthy of a greater punishment, let those who judged the suit assess what he must suffer in addition to this or pay to the community and to the one who brought the suit.