ANCIENT LAWYERS know the number of votes rightfully cast, and closes, saying: "The jurymen, when the witnesses lie, with difficulty decide the matter by ruminating upon it." One actor says, turning as a lawyer to the audience : "Veteran jurymen, clansmen of the three obol coin, whom I feed by bawling right or wrong, come to the rescue, I am being beaten by a conspiracy." (Knights, 255.) It does not seem to have been necessary to have known the name of the person who committed a tort when the summons was served. In one case the following form is found : "I summon you, whoever you are, before the market clerks for injury done to my wares, having this man Chaerphon as my witness." It seems that in an action of tort for an injury the plaintiff was entitled to any judgment which he recovered, but if he recovered no judgment whatever the defendant got a judgment against the plain tiff for the sum which the plaintiff sued for. Therefore the plaintiff must needs win if he brought his suit, and if there was any doubt about his winning he put the amount of his recovery low, so as not to suffer much of a penalty. Persons are frequently spoken of, in the plays, as doing nothing else but try ing lawsuits. There seem to have been traveling summoners and informers, because in one of the plays a man is represented to be hunting around to find somebody who could furnish him with wings, and in reply to a question, an informer says : "I am an island summoner and informer." Actor. Oh, blessed thou, in thy voca tion. Informer. And a pettifogger. There fore I want to get wings and hurry around the cities, and issue summons. Actor. In what way will you summon more cleverly by the aid of wings? Informer. Not so, by Jove, but in order that the pirates may not trouble me. I will return back again with the cranes.
481
Actor. Why do you follow this occupa tion? Do you inform against the foreigners, young as you are? Informer. What must I do, for I know not how to dig? Actor. But, by Jove, there are other honest occupations by which it more gen erally behooves a man to get his living than to get up lawsuits. Informer. I will not shame my race. The profession of an informer is that of my grandfather. (Birds, 1425.) In one of his plays Aristophanes starts a socialistic movement, and the following dia logue takes place: P. I will first of all make the land com mon to all, and the silver and the other things, as many as each has. Then we will maintain you out of these, being common, husbanding and sparing and giving our attention to it. B. How then, if any of us do not possess land but silver and gold and personal property? P. He shall pay it in for the public use, and if he don't pay he shall be for sworn. B. Why, he acquired it. P. Yes, but in truth it will be of no use to him at all. B. On what account, pray? P. No one will do any wickedness through poverty, for all will be possessed of all things, — loaves, slices of salt fish, barley cakes, cloaks, wine, chaplets, chick-peas, so that what advantage will it be not to pay it in? B. Then do not those even now steal more who have these world's goods? P. Yes, formerly my good sir, when we used the former laws, but now, for substance shall be in common, what is the advantage of not paying it? (Ecc. 600.) B. One thing further I ask. If one be beaten in a lawsuit before the magistrate, from what source will he pay off the judg ment, for it is not right to pay it out of the common fund?
