But it was not only the people formally installed in their ekklesia,
who received from Kleisthenês the real attributes of sovereignty,—it
was by him also that the people were first called into direct action
as dikasts, or jurors. I have already remarked, that this custom may
be said, in a certain limited sense, to have begun in the time of
Solon, since that lawgiver invested the popular assembly with the
power of pronouncing the judgment of accountability upon the archons
after their year of office. Here, again, the building, afterwards
so spacious and stately, was erected on a Solonian foundation,
though it was not itself Solonian. That the popular dikasteries, in
the elaborate form in which they existed from Periklês downward,
were introduced all at once by Kleisthenês, it is impossible to
believe; yet the steps by which they were gradually wrought out
are not distinctly discoverable. It would rather seem, that at
first only the aggregate body of citizens above thirty years of
age exercised judicial functions, being specially convoked and
sworn to try persons accused of public crimes, and when so employed
bearing the name of the heliæa, or heliasts; private offences and
disputes between man and man being still determined by individual
magistrates in the city, and a considerable judicial power still
residing in the Senate of Areopagus. There is reason to believe that
this was the state of things established by Kleisthenês, and which
afterwards came to be altered by the greater extent of judicial
duty gradually accruing to the heliasts, so that it was necessary
to subdivide the collective heliæa. According to the subdivision,
as practised in the times best known, six thousand citizens above
thirty years of age were annually selected by lot out of the whole
number, six hundred from each of the ten tribes: five thousand of
these citizens were arranged in ten pannels or decuries of five
hundred each, the remaining one thousand being reserved to fill up
vacancies in case of death or absence among the former. The whole
six thousand took a prescribed oath, couched in very striking words,
and every man received a ticket inscribed with his own name as well
as with a letter designating his decury. When there were causes or
crimes ripe for trial, the thesmothets, or six inferior archons,
determined by lot, first, which decuries should sit, according to
the number wanted,—next, in which court, or under the presidency
of what magistrate, the decury B or E should sit, so that it could
not be known beforehand in what cause each would be judge. In the
number of persons who actually attended and sat, however, there
seems to have been much variety, and sometimes two decuries sat
together.[258] The arrangement here described, we must recollect, is
given to us as belonging to those times when the dikasts received a
regular pay, after every day’s sitting; and it can hardly have long
continued without that condition, which was not realized before
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account