Among the reforms of Cleisthenes (508) was the law of ostracism (q.v.).
The privileges of the Areopagus were curtailed (while its right to try
certain cases of homicide was left untouched) by the reforms of
Ephialtes (462), and of Pericles, who also restored the thirty "local
justices" (453), limited the franchise to those of citizen-blood by both
parents (451), and was the first to assign to jurors a fee for their
services in the law-courts, which was raised to three obols by Cleon
(425).
Ordinary course of legislation.
In contrast to legislative reforms brought about by lawgivers entrusted
with special authority, such as Draco, Solon and Cleisthenes, there was
the regular and normal course of public legislation. The legislative
power was not exercised directly by the popular assembly (see ECCLESIA),
but the preliminary consent of that body was necessary for the
appointment of a legislative commission.
Syngrapheis. Nomothetae.
In the 5th century (e.g. in 450 and 446 B.C.) certain commissioners
called [Greek: syngrapheis] were appointed to draw up laws which, after
approval by the council, were submitted to the assembly. The same term
was still in use in March 411 (Thuc. viii. 61). But in October, on the
overthrow of the Four Hundred, the commissioners are for the first time
called _nomothetae_ (_ib._ 97).
The procedure in ordinary legislation was as follows. At the first
meeting of the assembly in the year, the people was asked whether it
would permit motions to be made for altering or supplementing the
existing laws. A debate ensued, and, if such permission were granted,
any citizen who wished to make a motion to the above effect was
required to publish his proposals in the market-place, and to hand
them to the secretary of the council (Boule) to be read aloud at more
than one meeting of the assembly. At the third regular meeting the
people appointed the legislative commissioners, who were drawn by lot
from the whole number of those then qualified to act as jurors. The
number, and the duration of the commission, were determined in each
case by the people. The proceedings before the commission were
conducted exactly in the manner of a lawsuit. Those who desired to see
old laws repealed, altered or replaced by new laws came forward as
_accusers_ of those laws; those of the contrary opinion, as
_defenders_; and the defence was formally entrusted to public
advocates specially appointed for the purpose ([Greek: sunegoroi]).
The number of the commissioners varied with the number or importance
of the laws in question; there is evidence for the number 1001 (Dem.
xxiv. 27). If a law approved by the commission was deemed to be
unconstitutional, the proposer was liable to be prosecuted (by a
[Greek: graphe paranomon]), just as in the case of the proposer of an
unconstitutional decree in the public assembly. Formal proceedings
might also be instituted against laws on the sole ground of their
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