The Forty are also elected by lot, four from each tribe, before whom
suitors bring all other cases. Formerly they were thirty in number, and
they went on circuit through the demes to hear causes; but after the
oligarchy of the Thirty they were increased to forty. They have full
powers to decide cases in which the amount at issue does not exceed ten
drachmas, but anything beyond that value they hand over to the
Arbitrators. The Arbitrators take up the case, and, if they cannot
bring the parties to an agreement, they give a decision. If their
decision satisfies both parties, and they abide by it, the case is at
an end; but if either of the parties appeals to the law-courts, the
Arbitrators enclose the evidence, the pleadings, and the laws quoted in
the case in two urns, those of the plaintiff in the one, and those of
the defendant in the other. These they seal up and, having attached to
them the decision of the arbitrator, written out on a tablet, place
them in the custody of the four justices whose function it is to
introduce cases on behalf of the tribe of the defendant. These officers
take them and bring up the case before the law-court, to a jury of two
hundred and one members in cases up to the value of a thousand
drachmas, or to one of four hundred and one in cases above that value.
No laws or pleadings or evidence may be used except those which were
adduced before the Arbitrator, and have been enclosed in the urns.
The Arbitrators are persons in the sixtieth year of their age; this
appears from the schedule of the Archons and the Eponymi. There are two
classes of Eponymi, the ten who give their names to the tribes, and the
forty-two of the years of service. The youths, on being enrolled among
the citizens, were formerly registered upon whitened tablets, and the
names were appended of the Archon in whose year they were enrolled, and
of the Eponymus who had been in course in the preceding year; at the
present day they are written on a bronze pillar, which stands in front
of the Council-chamber, near the Eponymi of the tribes. Then the Forty
take the last of the Eponymi of the years of service, and assign the
arbitrations to the persons belonging to that year, casting lots to
determine which arbitrations each shall undertake; and every one is
compelled to carry through the arbitrations which the lot assigns to
him. The law enacts that any one who does not serve as Arbitrator when
he has arrived at the necessary age shall lose his civil rights, unless
he happens to be holding some other office during that year, or to be
out of the country. These are the only persons who escape the duty. Any
one who suffers injustice at the hands of the Arbitrator may appeal to
the whole board of Arbitrators, and if they find the magistrate guilty,
the law enacts that he shall lose his civil rights. The persons thus
condemned have, however, in their turn an appeal. The Eponymi are also
used in reference to military expeditions; when the men of military age
are despatched on service, a notice is put up stating that the men from
such-and-such an Archon and Eponymus to such-and-such another Archon
and Eponymus are to go on the expedition.