374 THE POPULAR SCIENCE MONTHLY 



one, but only as formal chairmen, and did not in any way assume any 

 of the functions of the jurymen-judges, whose decision covered both 

 law and fact. The senate could not legally deprive a defendant of a 

 trial by a jury of his peers, and no instance occurs of the assump- 

 tion of such powers, except under the constitution-breaking " Thirty 

 Tyrants " or by some patent violation of the legal rights of the citizen, 

 though it was the ultimate court in public cases settled by a fine. 



The jury, in the present case, would differ from our common law 

 jury to-day not only in its wider function of judging both law and 

 fact, but in the number of its members and the mode of rendering its 

 decision. Any full-fledged citizen who signified his desire to serve 

 by placing his name on a list of would-be jurymen, was entitled to be 

 enrolled as juror, if he was over thirty years of age and the lot chanced 

 to fall on him. 



At the beginning of each official year, five thousand jurors were 

 selected by the Thesmothetas by lot. The jurymen were sworn in 

 immediately after this general list was drawn, before being assigned 

 to any particular case. The exact nature of the juror's oath, at the 

 time the suit against the corn-ring was brought, is uncertain, though 

 it probably did not differ materially, if at all, from that preserved in 

 Demosthenes's speech, " Against Timocrates " 2 a generation later. The 

 following is a careful translation of that interesting legal relic, with 

 its searching appeal to the juror and citizen, who swears to defend the 

 constitution. 



Oath of Dicasts (Jtjbobs) 



I will vote in accordance with the laws and decrees of the Popular Assembly 

 of the Athenians and of the Senate of the Five Hundred. 



That there should be a tyrant I will not vote nor an oligarchy; nor, if any 

 try to abolish the Popular Assembly of the Athenians, or speak or put to the 

 vote aught contrary to these things, will I hearken to him. 



Nor a cancelling of private debts, nor a redistribution of land or houses of 

 the Athenians. 



I will not recall those in exile nor those on whom sentence of death has 

 been passed. Neither those who are abiding here will I banish contrary to the 

 existing laws and decrees of the Popular Assembly of the Athenians. I will not 

 do so myself nor suffer others so to do. 



I will not confirm an office so that a man hold it while still liable for his 

 audit for a former office, whether one of the Nine Archons or Sacred Recorder 

 or whatever offices are balloted for the same day with the Nine Archons, whether 

 herald, ambassador or deputies. 



I will not vote that the same man hold the same office twice nor that the 

 same man hold two offices in the same year. 



I will receive no gifts on account of my service in court, neither myself nor 

 any other man or woman for me, if I know it, by any means or contrivance 

 whatsoever. 



1 am not under 30 years of age. 



2 Demosthenes, Oration 24, Sec. 746. 



