NOTES, BOOK 11. 8. i5
?;,s 62 xpiasts 2~ 70;s GtKaqplols K.T.~.
+e infra note on $$14,15.
- Though the principle of Hippodamus
is condemned by Aristotle as unsuited to the Athenian, popular
courts of law, it prevailed in the more advanced jurisprudence of
Romans in which the judges were allowed to give a sentence
of n. 1. or non liquef, whence the Scotch verdict of ‘not provcn.’
The ideas of Hippodamus certainly show great legislative ingenuity
in an age when such a quality was extremely rare.
oVI~O roho sap’ ~%Uocs vcvnpo6srqp&w’ Fori Si rai h ’ABjwars 8. 6.
&os 6 wdpos v5u ral ;v Clipaic rtv ndhfov.
Aristotle intends to say that Hippodamus proposed this law as
a novelty of which he claimed the credit, whereas it already existed
at Athens and elsewhere. The meaning is clear, though the form
of the sentence is not perfectly logical : *But this law actually
exists in Athens at the present day,’ and this is considered as
auflicient proof that it existed at the time of Hippodamus. Or 2)
without any opposition but with less point: ‘And this law now
csists at Athens.’ Cp. Thuc. ii. 46.
TOAS 6’ aIp&‘mas in~pehfidar KOLVGV Kai &wtv Ka’r dpr$avcwGv.
I. e. ‘ They were to watch over the public interests and over the
- Though the principle of Hippodamus
interests of persons who had no legal status.’
Aristotle, after his rather onesided manner of attacking an 8. 10, 11.
opponent, raises several dnopiac respecting the three classes of
I~ippodamus. 6 How can the tno inferior classes, who have no
arms, maintain their independence? For many offices they are
obviously unfitted : and if they have no share in the state how can
they be loyal citizens? Granting that the artisans have a raison
d’cire, what place in the state can be claimed by the husbandmen
and why should they have land of their own? If the soldiers
cultivate their own lands, there will be no distinction between
them and the husbandmen ; this, however, is not the intention of
the legislator : if there are separate cultitators of the public lands,
then there are not three, but four classes. The husbandmen are
Practically slaves who will be at the mercy of the warriors; and if
50, why should they elect the magistrates? They will have no
attachment to the state and must be kept down by force.’