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The Athenian Constitution   


goods is assigned as the penalty.

Part 68

Most of the courts consist of 500 members...; and when it is
necessary to bring public cases before a jury of 1,000 members, two
courts combine for the purpose, the most important cases of all are
brought 1,500 jurors, or three courts. The ballot balls are made of
brass with stems running through the centre, half of them having the
stem pierced and the other half solid. When the speeches are
concluded, the officials assigned to the taking of the votes
give each
juror two ballot balls, one pierced and one solid. This is done in
full view of the rival litigants, to secure that no one shall
receive two pierced or two solid balls. Then the official designated
for the purpose takes away the jurors staves, in return for
which each
one as he records his vote receives a brass voucher market with the
numeral 3 (because he gets three obols when he gives it up). This is
to ensure that all shall vote; since no one can get a voucher unless
he votes. Two urns, one of brass and the other of wood, stand in the
court, in distinct spots so that no one may surreptitiously insert
ballot balls; in these the jurors record their votes. The brazen urn
is for effective votes, the wooden for unused votes; and the brazen
urn has a lid pierced so as to take only one ballot ball, in order
that no one may put in two at a time.
When the jurors are about to vote, the crier demands first whether
the litigants enter a protest against any of the evidence; for no
protest can be received after the voting has begun. Then he
proclaims again, 'The pierced ballot for the plaintiff, the solid
for the defendant'; and the juror, taking his two ballot balls from
the stand, with his hand closed over the stem so as not to
show either
the pierced or the solid ballot to the litigants, casts the one
which is to count into the brazen urn, and the other into the wooden
urn.

Part 69

When all the jurors have voted, the attendants take the urn
containing the effective votes and discharge them on to a reckoning
board having as many cavities as there are ballot balls, so that the
effective votes, whether pierced or solid, may be plainly displayed
and easily counted. Then the officials assigned to the taking of the
votes tell them off on the board, the solid in one place and the
pierced in another, and the crier announces the numbers of the
votes, the pierced ballots being for the prosecutor and the solid
for the defendant. Whichever has the majority is victorious; but if
the votes are equal the verdict is for the defendant. Each juror
receives two ballots, and uses one to record his vote, and throws
the other away.
Then, if damages have to be awarded, they vote again in the same
way, first returning their pay-vouchers and receiving back their
staves. Half a gallon of water is allowed to each party for the
discussion of the damages. Finally, when all has been completed in
accordance with the law, the jurors receive their pay in the order
assigned by the lot.

THE END

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