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 assumption 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"[1] 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 (Jurors)
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.
I am not under 30 years of age.
- ↑ Demosthenes, Oration 24, Sec. 746.
