Chapter XXIII: Appendix: A

THE HOMERIC TRIAL SCENE.

Κεῖτο δ’ ἄρ’ ἐν μέσσοισι δύω χρυσοῖο τάλαντα,
Τῷ δόμεν, ὃς μετὰ τοῖσι δίκην ἰθύντατα εἴποι.

_Il._ XVIII. 507-8.

I would not return to so well-worn a theme, were it not that editors like Dr Leaf (_ad loc._) still state that there is nothing in the _language_ of the last line to hinder us from taking it either of the litigant or of the judge.

Scholars have fixed their attention so closely on the words δίκην εἴποι that they have completely overlooked the qualifying ἰθύντατα. In modern courts of law we do not expect to hear the _straightest_ statement of a case from advocates, but rather from the judge. The ancient Greek would never dream of expecting a litigant to give a _straight_ statement of his case. The following passages will show that ἰθύς, ἰθύνειν, εὐθύνειν, ὀρθός are always applied to a judge (the converse σκολιός being used of unjust judges). The metaphor is from the carpenter’s rule (cf. ἐπὶ στάθμην ἰθύνειν _Od._ V. 245).

Pind. _Pyth._ IV. 152 καὶ θρόνος, ᾦ ποτε ἐγκαθίζων Κρηθεΐδας ἱππόταις _εὔθυνε_ λαοῖς δίκας.

Solon 3. 36 _εὐθύνων_ σκολιὰς δίκας.

_Il._ XVI. 387 οἳ βίῃ εἰν ἀγορῇ _σκολιὰς_ κρίνωσι θέμιστας.

Hesiod _Opp._ 221 σκολιῇς δε δίκῃς κρίνωσι θέμιστας.

Hes. _Opp._ 222

(Δίκη) κακὸν ἀνθρώποισι φέρουσα
οἵ τέ μιν ἐξελάσωσι καὶ οὐκ _ἰθεῖαν_ ἔνειμαν.

Arist. _Rhet._ I. 1 οὐ γὰρ δεῖ τὸν δικαστὴν διαστρέφειν εἰς ὀργὴν προάγοντας ἢ φθόνον ἢ ἔλεον· ὅμοιον γάρ κἂν εἴ τις, ᾧ μέλλει χρῆσθαι _κανόνι_, τοῦτον ποιήσειε _στρεβλόν_.

Pind. _Pyth._ XI. 15 ὀρθοδίκαν γᾶς ὀμφαλόν.

Aesch. _Persae_ 764 _εὐθυντήριον_ σκῆπτρον.

No one can then doubt that the words δίκην ἰθύντατα εἴποι can only refer to the judge.

The following account of a trial on the Gold Coast so well illustrates the principle of payment having to be made to the judges that I think it worth quoting. (_Eighteen years on the Gold Coast of Africa_, by Brodie Crookshank, Vol. I. p. 279, London, 1853.)

“When the day arrived for the hearing of Quansah’s charge, a large space was cleanly swept in the market-place for the accommodation of the assembly; for this a charge of ten shillings was made and paid. When the Pynins (elders) had taken their seats, surrounded by their followers, who squatted upon the ground, a consultation took place as to the amount which they ought to charge for the occupation of their valuable time, and after duly considering the plaintiff’s means, with the view of extracting from him as much as they could, they valued their intended services at £6. 15_s._, which he was in like manner called upon to pay. Another charge of £2. 5_s._ was made in the name of tribute to the chief, and as an acknowledgment of gratitude for his presence upon the occasion. £1. 10_s._ was then ordered to be paid to purchase rum for the judges, £1 for the gratification of the followers, ten shillings to the men who took the trouble to weigh out the different sums, and five shillings for the court criers. Thus Quansah had to pay £12. 15_s._ to bring his case before this august court, the members of which during the trial carried on a pleasant course of rum and palm wine.”