XIII. The second legislative council ordained or revived by Solon, consisted of a senate, composed, first of four hundred, and many years afterward of five hundred members. To this council all, save the lowest and most numerous class, were eligible, provided they had passed or attained the age of thirty. It was rather a chance assembly than a representative one. The manner of its election appears not more elaborate than clumsy. To every ward there was a president, called phylarchus. This magistrate, on a certain day in the year, gave in the names of all the persons within his district entitled to the honour of serving in the council, and desirous of enjoying it. These names were inscribed on brazen tablets, and cast into a certain vessel. In another vessel was placed an equal number of beans; supposing the number of candidates to be returned by each tribe to be (as it at first was) a hundred, there were one hundred white beans put into the vessel--the rest were black. Then the names of the candidates and the beans were drawn out one by one; and each candidate who had the good fortune to have his name drawn out together with a white bean, became a member of the senate. Thus the constitution of each succeeding senate might differ from the last--might, so far from representing the people, contradict their wishes--was utterly a matter of hazard and chance; and when Mr. Mitford informs us that the assembly of the people was the great foundation of evil in the Athenian constitution, it appears that to the capricious and unsatisfactory election of this council we may safely impute many of the inconsistencies and changes which that historian attributes entirely to the more popular assembly [211]. To this council were intrusted powers less extensive in theory than those of the Areopagus, but far more actively exerted. Its members inspected the fleet (when a fleet was afterward established)--they appointed jailers of prisons --they examined the accounts of magistrates at the termination of their office; these were minor duties; to them was allotted also an authority in other departments of a much higher and more complicated nature. To them was given the dark and fearful extent of power which enabled them to examine and to punish persons accused of offences unspecified by any peculiar law [212]--an ordinance than which, had less attention been paid to popular control, the wildest ambition of despotism would have required no broader base for its designs. A power to punish crimes unspecified by law is a power above law, and ignorance or corruption may easily distort innocence itself into crime. But the main duty of the Four Hundred was to prepare the laws to be submitted to the assembly of the people--the great popular tribunal which we are about presently to consider. Nor could any law, according to Solon, be introduced into that assembly until it had undergone the deliberation, and received the sanction, of this preliminary council.