Page:Demosthenes (Brodribb).djvu/169

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DEMOSTHENES AT THE BAR.
155

been as familiar to Athenians as to ourselves. "Some people," says Xenophen, if he really wrote the treatise attributed to him on the Athenian republic, "complain that a man often waits a twelvemonth at Athens before he can obtain an audience of the Senate or of the popular assembly. The fact is, they have so much to do there that it is impossible to attend to every man's application; some, therefore, are compelled to go away unheard." Ill-natured persons, it seems, hinted that anybody could obtain a hearing by means of a bribe. Xenophon admits that there may be some truth in this; but he adds, speaking from his own knowledge, "that for no amount of gold and silver which could be offered would it be possible for the Athenians to transact all the business that is brought before them." Athens, in fact, was the place to which nearly all causes from the islands of the Ægean were brought for trial; and to which, too, it was probably best and safest that they should be brought. Athenian trials were conducted in a way which to us seems singular, and which at first sight might appear very unfavourable to the administration of justice. Causes were heard, as with us, before juries; but at Athens a jury commonly numbered 500, and might number 1000 or even more. It was, in fact, trial before a popular assembly. There was a president, but he was not armed with the controlling powers of an English judge. Everything was left to the jury; the law of the case as well as the facts was for them to decide. To us this may seem the height of absurdity; but still at Athens it worked moderately well, and in a majority of cases we may believe that it secured at