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Aristotle · Constitution of the Athenians §64-65

Allotment of Jurors by Lot and Anti-Fraud Measures

Passage 31 of 33 · Greek

Summary

This passage describes the process of juror selection and courtroom assignment, involving the insertion of tickets, a double lottery using dice and bronze acorns, and the prevention of fraud through color-coded staffs.

§64LXIV. τὰ δὲ [κιβώ]τια τὰ δέ[κ]α κ[εῖται ἐ]ν τ[ῷ ἔμ]προσθεν [τ]ῆς εἰσόδου [κ]αθ᾿ ἑκάστην τὴν φυλήν· ἐπιγέ[γρ]απται δ᾿ ἐπ᾿ αὐτῶν τὰ στο[ι]χεῖα μέχρι [τοῦ] κ.
LXIV. The ten boxes are placed in front of the entrance for each tribe; and on them are inscribed the letters of the alphabet up to kappa.
ἐ[π]ειδὰν δ᾿ ἐμβάλωσιν οἱ δικασταὶ τ[ὰ] πιν[ά]κια εἰς τὸ κιβώτι[ον] ἐφ’ οὗ ἂν ἐπι[γεγρα]μμένον τὸ γράμ[μα] τὸ τὸ αὐτὸ ὅπ[ε]ρ ἐπ[ὶ τῷ π]ινακίῳ ἐστὶν α[ὐτ]ῷ τῶν στοχείω[ν, τότε] σείσαντος τοῦ ὑ[πη]ρέτου ἕλκει 6 θεσμο]θέτης ἐξ ἐκάσ[τ]ου τοῦ κιβωτίο[υ πιν]άκιον ἕν οὗτο[ς] δὲ καλεῖται ἐμ[μήκτ]ης, καὶ ἑμπήγνυσι τὰ πινάκια τὰ τα το]ῦ κιβωτίου εἰς τὴν κανονίδα ἐφ’ ἧς τὸ α]ἀτὸ γράμμα ἔπεστιν ὅπερ ἐπὶ τοῦ κιβωτίο]υ.
And when the jurors have thrown their tickets into the box on which is inscribed the same letter of the alphabet as is on their ticket, then, after the assistant has shaken the box, the thesmothetes draws one ticket from each box. This person is called the "inserter", and he inserts the tickets from the box into the bar on which is the same letter as is on the box.
κληροῦται δ’] οὗτος, ἵνα μὴ ἀεὶ ὁ αὐτὸς ἐμπ[ηγνύων] κακουργῇ.
This inserter is chosen by lot, so that the same person may not always insert them and commit fraud.
εἰσὶ δὲ κανονίδες πέντε ἐ]ν ἑκάστῳ τῶν κλγρωτηρίων.
And there are five bars in each allotment machine.
ὅ[ταν δὲ] ἐμβάλῃ τοὺς κύβους, ὁ ἄρχων τὴν φυλὴν κληρ[οῖ κατὰ κ]ληρωτήριον.
When he has thrown in the dice, the archon draws lots for the tribe by allotment machine.
εἰσὶ 81 κύβοι χα[λκοῖ, μέ]λανες καὶ λευκοί· ὅσους δ’ ἄν δέ[ῃ λαχεῖν] δικαστάς, τοσοῦτοι ἐμβάλλον[ται λε]υκοί, κατὰ πέντε κπινάκια εἷς, οἱ δὲ μέλ]ανες τὸν αὐτὸν τρόπον.
The dice are of bronze, black and white; and as many white ones are thrown in as there are jurors to be chosen, at the rate of one for every five tickets, and the black ones in the same manner.
ἐπειδὰν δ’ ἐ[ξελῃ] τοὺς κύβους, καλεῖ τοὺς εἰληχότας ὁ κ[ηρυξ]· ὑπάρχει δὲ καὶ ὁ ἑμπήκτης εἰς τὸν [ἀριθμό]ν.
And when he has taken out the dice, the herald calls those who have been chosen; and the inserter is also included in the number.
ὁ δὲ κληθεὶς καὶ ὑπακ[ού]σας ἕλ[κ]ει [βάλανο]ν ἐκ τῆς ὑδρίας, καὶ ὀρέξας αὐτή[ν, ἄνω τὸ γράμμα, δ[εί]κνυσιν πρῶ[τον μεν] τῷ ἄρχοντι τῷ ἐφεστηκότι ὀ δὲ ἄρχω[ν ἐπειδ]ὰν ἴδῃ ἐμβάλλει τὸ πινάκιον α[ὐ]το[ῦ εἰς τὸ κ]ιβύτιον, ὅπου ἄν ᾖ ἐπιγεγραμ[μέν]ον τὸ αὐτὸ στοιχεῖον ὅπερ ἐν τῇ βαλ[άνῳ, ἵ[ν’ εἰς οἷον ἄν λαχῃ εἰσίῃ καὶ μὴ εἰς οἷο]ν ἂν βούληται, μηδὲ ᾖ συναγαγεῖν εἰς] δικαστήριον οὕς ἂν βούληταί τις πα[ράκει]ται δὲ τῷ ἄρχοντι κιβώτια ὅσαπερ [ἂν μ]έλλῃ τὰ δικαστήρια πληρωθήσεσθα[ι, ἔχο]ντα ἕκαστον ὅπερ ἂν ᾖ το] τοῦ δικαστηρίου ἐκάσ|[του] εἰληχός.
And the one who is called and has answered draws an acorn from the water-jar, and holding it out with the letter upwards, shows it first to the presiding archon. And when the archon has seen it, he throws his ticket into the box on which is inscribed the same letter as on the acorn, so that he may enter into whichever court he has drawn by lot and not into whichever he wishes, and so that it may not be possible for anyone to assemble into a court whomsoever he pleases. And there lie beside the archon as many boxes as there are courts to be filled, each having the letter which each court has drawn by lot.
§65LXV. αὐτ[ὸς 81 δείξα]ς πάλιν τ[ῷ ὑ]πηρέτῃ εἰσέ[ρχεται, ἐντὸς ἰὼ]ν ἦς κ[ι]γκλ[ί]δος.
LXV. The juror himself, having shown it again to the assistant, enters, passing within the lattice-gate.
ὁ δὲ ὑπηρέτης δίδωσιν αὐτ]ῷ βακτηρίαν [ὁ]μόχρων δικαστ[ηρίῳ οὗ τὸ] αὐτὸ [γρ]άμμα ἐ[στιν ὅ]περ ἐν τῇ βαλάνῳ, ἀναγ]καῖον ᾖ αὐτῷ [ε]ἰσελθεῖν εἰς ὅ εἴληχε δικασ]τήριον· ἐὰν γὰρ ἕτερον εἰ[σέ]λ[θῃ], ἐξε[λέγχετα]ι ὑπὸ τοῦ χρώμα[τ]ος ι]ῆς βακτηρίας.
And the assistant gives him a staff of the same color as the court which has the same letter as is on the acorn, so that it is necessary for him to enter into the court which he has drawn by lot; for if he enters another, he is exposed by the color of his staff.
τοῖ[ς γὰρ δι]καστηρίοις χρῶ[μ]α ἐπιγέγραπται εκάστ]ῳ ἐπὶ τῷ σφη[κ][ίσκω τῆς εἰσ[όδο]υ.
For on each of the courts a color is painted on the lintel of the entrance.
6 δ[ὲ λαβὼ]ν τὴν βακτηρί[α]ν βαδίζει εἰ[ς τ]ὸ δικασ[τήριον] τὸ ὁμόχρων μὲν βακτ[ηρί]ᾳ ἔχ[ον δὲ τ]ὸ αὐτὸ γρἀμμα ὅπερ ἐν [τ]ῇ βαλάν[ῳ].
And he, having received the staff, proceeds to the court which is of the same color as the staff and has the same letter as is on the acorn.
ἐπε[ιδὰν δ’ εἰσ[έλθῃ, παραλαμβάνει σύμβολον δη[μοσίᾳ] παρὰ τοῦ εἰλη[χό]τος ταύτη[ν] τὴν ἀ[ρχήν.
And when he has entered, he receives a official token from the officer who has obtained this office by lot.
ε]ἶτα τήν τε β]άλαν[ον] καὶ τὴν βακτηρίαν ἔχοντες καθίζουσιν> [ἐν τῷ δ]ικαστηρίῳ τοῦτο[ν] ε[ἰ]σελ[ηλυθό]τες·
Then, keeping both the acorn and the staff, they sit in the court, having entered in this manner.
τοῖς δ‘ἀπολαγχάνους[ιν] ἀποδιδ[όασιν] οἱ ἐμπῆκται τὰ πινάκια.
And to those who fail to be drawn, the inserters return their tickets.
οἱ 02 ὑπη[ρέται] οἱ δημόσιοι ἀπ[ὸ] τῆς φυλῆς ἑκάστης π[αραδι]δόασιν τὰ κ[ι]βώτια, ἕν ἐπὶ τὸ δικα[στήρ]ιον ἕκαστον, ἐ[ν] ᾧ ἔνεστιν τὰ ὁνόματ[α τῆς] φυλῆς ὄνατ ἐν ἑκάστῳ τῶν δικασ[τηρί]ων.
And the public assistants from each tribe deliver the boxes, one for each court, in which are the names of the tribe which are in each of the courts.
παραδιδόασι δὲ τοῖς εἰληχό[σι] ταῦ[τ]α ἀπο]διδόναι τοῖς δικασταῖς ἐν ἑκάστῳ τῷ δικα[δτηρί]ῳ ἀριθμῷ τὰ πινάκια] ὄ]πως ἐκ τούτων κ]αλοῦντες ἀπο[δι]δῶσι τὸν μισθόν.
And they deliver these to those who have drawn the lot to return the tickets to the jurors in each court by number, so that by calling them from these they may pay them their fee.

Notes

  1. p.75οὗτος δὲ καλεῖται ἐμμήκτης — οὗτος (this person) refers to the owner of the ticket (the juror) drawn by the action "draws one ticket" (ἕλκει ... πινάκιον ἕν). It indicates that not the thesmothetes himself, but the juror whose ticket is drawn first, assumes the role of "inserter" for that day's allotment process.
  2. 10κατὰ πέντε πινάκια εἷς — The preposition κατά with the accusative expresses a distributive sense ("for every...", "at the rate of..."). Here it denotes the ratio of "one (white die) for every five tickets."
  3. p.75ἵ[ν’ εἰς οἷον ἂν λαχῃ εἰσίῃ — Inside the purpose clause introduced by ἵνα, a generalizing relative clause consisting of the relative pronoun οἷος with the indefinite particle ἄν and the subjunctive λάχῃ is embedded. The antecedent noun (δικαστήριον) is omitted, meaning "so that he may enter into whichever [court] he draws by lot."
  4. 5ἀναγ]καῖον ᾖ αὐτῷ [ε]ἰσελθεῖν — Although manuscripts offer variant readings such as ᾗ (relative adverb, "whereby") or εἴη (optative), the subjunctive ᾖ is interpreted here impersonally (with an implied ὥστε or as a subjunctive of purpose/result), meaning "so that it is necessary for him to enter."

Cite this passage

Aristotle, Constitution of the Athenians §64-65. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0086.tlg003.humanitext-grc1:64-65

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