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Diodorus Siculus · Bibliotheca Historica §1.75.1-1.75.7

Judicial System and Written Pleadings of the Thirty

Passage 76 of 406 · Greek

Summary

The importance of trials and the selection process of judges in Egypt are explained, introducing the judicial procedure of the council of thirty, the chief justice's ornament of "Truth," and the formal system of written pleadings.

§1.75.1περὶ δὲ τὰς κρίσεις οὐ τὴν τυχοῦσαν ἐποιοῦντο σπουδήν, ἡγούμενοι τὰς ἐν τοῖς δικαστηρίοις ἀποφάσεις μεγίστην ῥοπὴν τῷ κοινῷ βίῳ φέρειν πρὸς ἀμφότερα.
Regarding trials, they showed no ordinary zeal, believing that the decisions in the courts carried the greatest weight for the common life in both directions.
§1.75.2δῆλον γὰρ ἦν ὅτι τῶν μὲν παρανομούντων κολαζομένων, τῶν δʼ ἀδικουμένων βοηθείας τυγχανόντων, ἀρίστη διόρθωσις ἔσται τῶν ἁμαρτημάτων· εἰ δʼ ὁ φόβος ὁ γινόμενος ἐκ τῶν κρίσεων τοῖς παρανομοῦσιν ἀνατρέποιτο χρήμασιν ἢ χάρισιν, ἐσομένην ἑώρων τοῦ κοινοῦ βίου σύγχυσιν.
For it was clear that on one hand, if the lawbreakers were punished and the injured received help, there would be the best correction of offenses; on the other hand, if the fear arising from the trials for the lawbreakers were overturned by money or favor, they saw that a confusion of the common life would occur.
§1.75.3διόπερ ἐκ τῶν ἐπιφανεστάτων πόλεων τοὺς ἀρίστους ἄνδρας ἀποδεικνύντες δικαστὰς κοινοὺς οὐκ ἀπετύγχανον τῆς προαιρέσεως.
Therefore, by appointing the best men from the most illustrious cities as common judges, they did not fail in their purpose.
ἐξ Ἡλίου γὰρ πόλεως καὶ Θηβῶν καὶ Μέμφεως δέκα δικαστὰς ἐξ ἑκάστης προέκρινον· καὶ τοῦτο τὸ συνέδριον οὐκ ἐδόκει λείπεσθαι τῶν Ἀθήνησιν Ἀρεοπαγιτῶν ἢ τῶν παρὰ Λακεδαιμονίοις γερόντων.
For they preselected ten judges from each of Heliopolis, Thebes, and Memphis; and this council did not seem to fall short of the Areopagites in Athens or the elders among the Lacedaemonians.
§1.75.4ἐπεὶ δὲ συνέλθοιεν οἱ τριάκοντα, ἐπέκρινον ἐξ ἑαυτῶν ἕνα τὸν ἄριστον, καὶ τοῦτον μὲν ἀρχιδικαστὴν καθίσταντο, εἰς δὲ τὸ τούτου τόπον ἀπέστελλεν ἡ πόλις ἕτερον δικαστήν.
And when the thirty had assembled, they chose the best one from among themselves, and him they appointed as chief justice, while in his place the city sent another judge.
συντάξεις δὲ τῶν ἀναγκαίων παρὰ τοῦ βασιλέως τοῖς μὲν δικασταῖς ἱκαναὶ πρὸς διατροφὴν ἐχορηγοῦντο, τῷ δʼ ἀρχιδικαστῇ πολλαπλάσιοι.
Sufficient allowances of necessaries were supplied by the king to the judges for their support, and to the chief justice many times more.
§1.75.5ἐφόρει δʼ οὗτος περὶ τὸν τράχηλον ἐκ χρυσῆς ἁλύσεως ἠρτημένον ζῴδιον τῶν πολυτελῶν λίθων, ὃ προσηγόρευον ἀλήθειαν.
The latter wore around his neck, suspended from a gold chain, an image of precious stones, which they called Truth.
τῶν δʼ ἀμφισβητήσεων ἤρχοντο ἐπειδὰν τὴν τῆς ἀληθείας εἰκόνα ὁ ἀρχιδικαστὴς πρόσθοιτο.
And they would begin the trials whenever the chief justice put on the image of Truth.
§1.75.6τῶν δὲ πάντων νόμων ἐν βιβλίοις ὀκτὼ γεγραμμένων, καὶ τούτων παρακειμένων τοῖς δικασταῖς, ἔθος ἦν τὸν μὲν κατήγορον γράψαι καθʼ ἓν ὧν ἐνεκάλει καὶ πῶς γέγονε καὶ τὴν ἀξίαν τοῦ ἀδικήματος ἢ τῆς βλάβης, τὸν ἀπολογούμενον δὲ λαβόντα τὸ χρηματισθὲν ὑπὸ τῶν ἀντιδίκων ἀντιγράψαι πρὸς ἕκαστον ὡς οὐκ ἔπραξεν ἢ πράξας οὐκ ἠδίκησεν ἢ ἀδικήσας ἐλάττονος ζημίας ἄξιός ἐστι τυχεῖν.
Now, with all the laws written in eight books, and these lying before the judges, it was the custom for the accuser to write down in detail the things of which he accused, and how it happened, and the valuation of the crime or damage; and for the defendant, receiving the document processed by his opponents, to write back in reply to each point that he did not do it, or, if he did it, that he committed no wrong, or, if he committed a wrong, that he was worthy to receive a lesser penalty.
§1.75.7ἔπειτα νόμιμον ἦν τὸν κατήγορον ἀντιγράψαι καὶ πάλιν τὸν ἀπολογούμενον ἀντιθεῖναι.
Then it was law for the accuser to reply in writing, and again for the defendant to make a counter-reply.
ἀμφοτέρων δὲ τῶν ἀντιδίκων τὰ γεγραμμένα δὶς τοῖς δικασταῖς δόντων, τὸ τηνικαῦτʼ ἔδει τοὺς μὲν τριάκοντα τὰς γνώμας ἐν ἀλλήλοις ἀποφαίνεσθαι, τὸν ἀρχιδικαστὴν δὲ τὸ ζῴδιον τῆς ἀληθείας προστίθεσθαι τῇ ἑτέρᾳ τῶν ἀμφισβητήσεων.
When both opponents had given their writings twice to the judges, at that time the thirty had to declare their opinions among one another, and the chief justice had to apply the image of Truth to one of the two pleas.

Notes

  1. §1.75.1πρὸς ἀμφότερα — Meaning "towards both directions". It refers to the two outcomes expanded in the following sentence (§1.75.2): the proper enforcement of law (correction) and its corruption (confusion), indicating the immense impact of judicial decisions.
  2. §1.75.2ἐσομένην ἑώρων ... σύγχυσιν — An indirect statement (participial construction) functioning as the object of the verb of perception ἑώρων (imperfect of ὁράω, "to see, foresee"). The accusative subject σύγχυσιν is combined with the future participle ἐσομένην, meaning "they saw that a confusion would occur".
  3. §1.75.6τὸ χρηματισθὲν — First aorist passive participle neuter singular of the verb χρηματίζω ("to transact public business, process a document"). Used substantively here to refer to "the written plea or document officially submitted and processed by the opposing party" in judicial proceedings.
  4. §1.75.7τῇ ἑτέρᾳ τῶν ἀμφισβητήσεων — The genitive τῶν ἀμφισβητήσεων (plural of "dispute, claim") is a partitive genitive, meaning "to the one of the two (opposing) claims". This indicates that the chief justice decided the case in favor of one party by touching their written plea with the image of "Truth".

Cite this passage

Diodorus Siculus, Bibliotheca Historica §1.75.1-1.75.7. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0060.tlg001.humanitext-grc5:1.75.1-1.75.7

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