Jowett: Laws XII 945a-948b — Controle da administração dos magistrados

What regulations will be proper about examiners, seeing that some of our magistrates are elected by lot, and for a year, and some for a longer time and from selected persons ? Of such magistrates, who will be a sufficient censor or examiner, if any of them, weighed down by the pressure of office or his own inability to support the dignity of his office, be guilty of any crooked practice ? It is by no means easy to find a magistrate who excels other magistrates in virtue, but still we must endeavour to discover some censor or examiner who is more than man. For the truth is, that there are many elements of dissolution in a state, as there are also in a ship, or in an animal ; they all have their cords, and girders, and sinews — one nature diffused in many places, and called by many names ; and the office of examiner is a most important element in the preservation and dissolution of states. For if the examiners are better than the magistrates, and their duty is fulfilled justly and without blame, then the whole state and country flourishes and is happy ; but if the examination of the magistrates is carried on in a wrong way, then, by the relaxation of that justice which is the uniting principle of all constitutions, every power in the state is rent asunder from every other ; they no longer incline in the same direction, but fill the city with faction, and make many cities out of one, and soon bring all to destruction. Wherefore the examiners ought to be admirable in every sort of virtue. Let us invent a mode of creating them, which shall be as follows : — Every year, after the summer solstice, the whole city shall meet in the common precincts of Helios and Apollo, and shall present to the God three men out of their own number in the manner following : — Each citizen shall select, not himself, but some other citizen whom he deems in every way the best, and who is not less than fifty years of age. And out of the selected persons who have the greatest number of votes, they shall make a further selection until they reduce them to one-half, if they are an even number ; but if they are not an even number, they shall subtract the one who has the smallest number of votes, and make them an even number, and then leave the half which have the great number of votes. And if two persons have an equal number of votes, and thus increase the number beyond one-half, they shall withdraw the younger of the two and do away with the excess ; and then including all the rest they shall again vote, until there are left three having an unequal number of votes. But if all the three, or two out of the three, have equal votes, let them commit the election to good fate and fortune, and separate off by lot the first, and the second, and the third ; these they shall crown with an olive wreath and give them the prize of excellence, at the same time proclaiming to all the world that the city of the Magnetes, by providence of the Gods, is again preserved, and presents to the Sun and to Apollo her three best men as first-fruits, to be a common offering to them, according to the ancient law, as long as their lives answer to the judgment formed of them. And these shall appoint in their first year twelve examiners, to continue until each has completed seventy-five years, to whom three shall afterwards be added yearly ; and let these divide all the magistracies into twelve parts, and prove the holders of them by every sort of test to which a freeman may be subjected ; and let them live while they hold office in the precinct of Helios and Apollo, in which they were chosen, and let each one form a judgment of some things individually, and of others in company with his colleagues ; and let him place a writing in the agora about each magistracy, and what the magistrate ought to suffer or pay, according to the decision of the examiners. And if a magistrate does not admit that he has been justly judged, let him bring the examiners before the select judges, and if he be acquitted by their decision, let him, if he will, accuse the examiners themselves ; if, however, he be convicted, and have been condemned to death by the examiners, let him die (and of course he can only die once) : — but any other penalties which admit of being doubled let him suffer twice over.

And now let us pass under review the examiners themselves ; what will their examination be, and how conducted ? During the life of these men, whom the whole state counts worthy of the rewards of virtue, they shall have the first seat at all public assemblies, and at all Hellenic sacrifices and sacred missions, and other public and holy ceremonies in which they share. The chiefs of each sacred mission shall be selected from them, and they only of all the citizens shall be adorned with a crown of laurel ; they shall all be priests of Apollo and Helios ; and one of them, who is judged first of the priests created in that year, shall be high priest ; and they shall write up his name in each year to be a measure of time as long as the city lasts ; and after their death they shall be laid out and carried to the grave and entombed in a manner different from the other citizens. They shall be decked in a robe all of white, and there shall be no crying or lamentation over them ; but a chorus of fifteen maidens, and another of boys, shall stand around the bier on either side, hymning the praises of the departed priests in alternate responses, declaring their blessedness in song all day long ; and at dawn a hundred of the youths who practise gymnastic and whom the relations of the departed shall choose, shall carry the bier to the sepulchre, the young men marching first, dressed in the garb of warriors — the cavalry with their horses, the heavy-armed with their arms, and the others in like manner. And boys neat the bier and in front of it shall sing their national hymn, and maidens shall follow behind, and with them the women who have passed the age of childbearing ; next, although they are interdicted from other burials, let priests and priestesses follow, unless the Pythian oracle forbid them ; for this burial is free from pollution. The place of burial shall be an oblong vaulted chamber underground, constructed of tufa, which will last for ever, having stone couches placed side by side. And here they will lay the blessed person, and cover the sepulchre with a circular mound of earth and plant a grove of trees around on every side but one ; and on that side the sepulchre shall be allowed to extend for ever, and a new mound will not be required. Every year they shall have contests in music and gymnastics, and in horsemanship, in honour of the dead. These are the honours which shall be given to those who at the examination are found blameless ; but if any of them, trusting to the scrutiny being over, should, after the judgment has been given, manifest the wickedness of human nature, let the law ordain that he who pleases shall indict him, and let the cause be tried in the following manner. In the first place, the court shall be composed of the guardians of the law, and to them the surviving examiners shall be added, as well as the court of select judges ; and let the pursuer lay his indictment in this form — he shall say that so-and-so is unworthy of the prize of virtue and of his office ; and if the defendant be convicted let him be deprived of his office, and of the burial, and of the other honours given him. But if the prosecutor do not obtain the fifth part of the votes, let him, if he be of the first dass, pay twelve minae, and eight if he be of the second class, and six if he be of the third dass, and two minae if he be of the fourth class.