Athens: Its Rise and Fall, Book IILytton, Edward Bulwer Lytton, Baron
History
Athens: Its Rise and Fall, Book II
Lytton, Edward Bulwer Lytton, Baron
Athens (Greece) -- History
XVIII. Judicial proceedings, whether as instituted by Solon or as
corrupted by his successors, were exposed to some grave and vital
evils hereafter to be noticed. At present I content myself with
observing, that Solon carried into the judicial the principles, of his
legislative courts. It was his theory, that all the citizens should
be trained to take an interest in state. Every year a body of six
thousand citizens was chosen by lot; no qualification save that of
being thirty years of age was demanded in this election. The body
thus chosen, called Heliaea, was subdivided into smaller courts,
before which all offences, but especially political ones, might be
tried. Ordinary cases were probably left by Solon to the ordinary
magistrates; but it was not long before the popular jurors drew to
themselves the final trial and judgment of all causes. This judicial
power was even greater than the legislative; for if an act had passed
through all the legislative forms, and was, within a year of the date,
found inconsistent with the constitution or public interests, the
popular courts could repeal the act and punish its author. In Athens
there were no professional lawyers; the law being supposed the common
interest of citizens, every encouragement was given to the prosecutor
--every facility to the obtaining of justice.
Solon appears to have recognised the sound principle, that the
strength of law is in the public disposition to cherish and revere
it,--and that nothing is more calculated to make permanent the general
spirit of a constitution than to render its details flexile and open
to reform. Accordingly, he subjected his laws to the vigilance of
regular and constant revision. Once a year, proposals for altering
any existent law might be made by any citizen--were debated--and, if
approved, referred to a legislative committee, drawn by lot from the
jurors. The committee then sat in judgment on the law; five advocates
were appointed to plead for the old law; if unsuccessful, the new law
came at once into operation. In addition to this precaution, six of
the nine archons (called Thesmothetae), whose office rendered them
experienced in the defects of the law, were authorized to review the
whole code, and to refer to the legislative committee the
consideration of any errors or inconsistencies that might require
amendment. [221]
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