[199] Plato, Legg. vi. p. 767 E.
Public Causes must be tried directly by the citizens — strong feeling among Greeks about this.
In regard to Public Causes, Plato makes unusual concession to a feeling much prevalent in Greece, and especially potent at Athens. Where the wrong done is to the public, he recognises that the citizens generally will not submit to be excluded from the personal cognizance of it: the citizen excluded from that privilege feels as if he had no share in the city.[200] If one citizen accuses another of treason, or peculation, or other wrong towards the public, the accusation shall be originated at first, and decided at last, before the general body of citizens. But after having been originated before this general assembly, the charge must be submitted to an intermediate stage of examination, before three of the principal Boards of Magistrates; who shall sift the allegations of the accuser, as well as the defence of the accused. These commissioners (we must presume) will make a report on the case, which report will be brought before the general assembly; who will then adjudicate upon it finally, and condemn or acquit as they think right.[201]
[200] Plato, Legg. vi. p. 768 B. ὁ γὰρ ἀκοινώνητος ὢν ἐξουσίας τοῦ συνδικάζειν, ἡγεῖται τὸ παράπαν τῆς πόλεως οὐ μέτοχος εἶναι. This is a remarkable indication about the tone of Grecian feeling from a very adverse witness.
[201] Plato, Legg. vi. p. 768 A. τὴν δὲ βάσανον ἐν ταῖς μεγίσταις ἀρχαῖς τρισίν, &c.
Here the word βάσανος is used in a much more extended sense than usual, so as to include the whole process of judicial enquiry.
Plato’s way of meeting this feeling — intermediate inquiry and report by a special Commissioner.
This proposition deserves notice. Plato proclaims his disapprobation of the numerous Dikasteries in Athens, wherein the Dikasts sat, heard, and voted — perhaps with applause or murmurs, but with no searching questions of their own — leaving the whole speech to the parties and their witnesses. To decide justly (he says), the judicial authority must not remain silent, but must speak more than the parties, and must undertake the substantial conduct of the inquiry. No numerous assembly — nor even any few, unless they be intelligent — are competent to such a duty: nor even an intelligent few, without much time and patience.[202] To secure such an inquiry on these public causes — as far as is possible consistent with the necessity of leaving the final decision to the general assembly — is the object of Plato’s last-mentioned proposition. It is one of the most judicious propositions in his whole scheme.
[202] Plato, Legg. vi. p. 766 E.