The law-courts gradually superseded most of the ancient judicial
functions of the council and the assembly, but the council continued to
hold a strict scrutiny ([Greek: dokimasia]) of candidates for office or
for other privileges, while the council itself, as well as all other
officials, had to give account ([Greek: euthyna]) on ceasing to hold
office. The council also retained the right to deal with extraordinary
crimes against the state. It was open to any citizen to bring such
crimes to the knowledge of the council in writing. The technical term
for this information, denunciation or impeachment was _eisangelia_
([Greek: eisangelia]). The council could inflict a fine of 500
_drachmae_ (L20), or, in important cases, refer the matter either to a
law-court, as in the trial of Antiphon (Thuc. viii. 68), or to the
ecclesia, as in that of Alcibiades (415 B.C.), and the strategi in
command at Arginusae (406; Xen. _Hell._ i. 7. 19). The term [Greek:
eisangelia] was also applied to denunciations brought against persons
who wronged the orphan or the widow, or against a public arbitrator who
had neglected his duty (Dem. _Meidias_, 86 f.).
Probole.
A "presentation" of criminal information ([Greek: probole]) might be
laid before the assembly with a view to obtaining its preliminary
sanction for bringing the case before a judicial tribunal. Such was the
mode of procedure adopted against persons who had brought malicious,
groundless or vexatious accusations, or who had violated the sanctity of
certain public festivals. The leading example of the former is the trial
of the accusers who prompted the people to put to death the generals who
had won the Battle of Arginusae (Xen. _Hell._ i. 7. 34); and, of the
latter, the proceedings of Demosthenes against Meidias.
Classes of legal actions.
Legal actions ([Greek: dikai]) were classified as private ([Greek:
idiai]) or public ([Greek: demosiai]). The latter were also described as
[Greek: graphai] or "prosecutions," but some [Greek: graphai] were
called "private," when the state was regarded as only indirectly injured
by a wrong done to an individual citizen (Dem. xxi. 47). A private suit
could only be brought by the man directly interested, or, in the case of
a slave, a ward or an alien, by the master, guardian or patron
respectively; and, if the suit were successful, the sum claimed
generally went to the plaintiff. Public actions may be divided into
ordinary criminal cases, and offences against the state. As a rule they
could be instituted by any person who possessed the franchise, and the
penalty was paid to the state. If the prosecutor failed to obtain
one-fifth of the votes, he had to pay a fine of 1000 _drachmae_ (L40),
and lost the right of ever bringing a similar action.
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