Except in the case of the primitive courts of homicide, the right of
jurisdiction was entrusted to the several archons until the date of
Solon (594). When the direct jurisdiction of the archons was impaired by
Solon's institution of the "right of appeal to the law-courts," the
dignity of those officials was recognized by their having the privilege
of presiding over the new tribunals ([Greek: hegemonia dikasteriou]). A
similar position was assigned to the other executive officers, such as
the strategi (generals), the board of police called the "Eleven," and
the financial officers, all of whom presided over cases connected with
their respective departments. In their new position as presidents of the
several courts, the archons received plaints, obtained from both parties
the evidence which they proposed to present, formally presided at the
trial, and gave instructions for the execution of the sentence. The
choice of the presiding magistrate in each case was determined by the
normal duties of his office. Thus the chief archon, the official
guardian of orphans and widows, presided in all cases, public or
private, connected with the family property of citizens (Aristotle,
_u.s._ c. 56). The king-archon had charge of all offences against
religion, e.g. indictments for impiety, disputes within the family as to
the right to hold a particular priesthood, and all actions for homicide
(c. 57). The third archon, the polemarch, discharged in relation to
resident aliens all such legal duties as were discharged by the chief
archon in relation to citizens (c. 58). The trial of military offences
was under the presidency of the strategi, who were assisted by the other
military officers in preparing the case for the court. The six junior
archons, the _thesmothetae_, acted as a board which was responsible for
all cases not specially assigned to any other officials (details in c.
59).
The Forty.
The Forty, who were appointed by lot, four for each of the ten tribes,
acted as sole judges in petty cases where the damages claimed did not
exceed ten _drachmae_. Claims beyond that amount they handed over to the
arbitrators. The four representatives of any given tribe received notice
of such claims brought against members of that tribe. It seems probable
that they dealt with all private suits not otherwise assigned, but,
unlike the archons, they did not prepare any case for the court but
referred it, in the first instance, to a public arbitrator appointed by
lot (c. 53).[3]
The public arbitrators.
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