the time of Periklês. Each of these decuries sitting in judicature
was called _The Heliæa_,—a name which belongs properly to the
collective assembly of the people; this collective assembly having
been itself the original judicature. I conceive that the practice of
distributing this collective assembly, or heliæa, into sections of
jurors for judicial duty, may have begun under one form or another
soon after the reform of Kleisthenês, since the direct interference
of the people in public affairs tended more and more to increase. But
it could only have been matured by degrees into that constant and
systematic service which the pay of Periklês called forth at last in
completeness. Under the last-mentioned system the judicial competence
of the archons was annulled, and the third archon, or polemarch,
withdrawn from all military functions. Still, this had not been yet
done at the time of the battle of Marathon, in which Kallimachus the
polemarch not only commanded along with the stratêgi, but enjoyed a
sort of preëminence over them: nor had it been done during the year
after the battle of Marathon, in which Aristeidês was archon,—for
the magisterial decisions of Aristeidês formed one of the principal
foundations of his honorable surname, the Just.[259]
[258] See in particular on this subject the treatise of Schömann,
De Sortitione Judicum (Gripswald, 1820), and the work of the
same author, Antiq. Jur. Publ. Græc. ch. 49-55, p. 264, _seqq._;
also Heffter, Die Athenäische Gerichtsverfassung, part ii, ch.
2, p. 51, _seqq._; Meier and Schömann, Der Attische Prozess, pp.
127-135.
The views of Schömann respecting the sortition of the Athenian
jurors have been bitterly attacked, but in no way refuted, by F.
V. Fritzsche (De Sortitione Judicum apud Athenienses Conmentatio,
Leipsic, 1835).
Two or three of these dikastic tickets, marking the name and the
deme of the citizen, and the letter of the decury to which during
that particular year he belonged, have been recently dug up near
Athens:—
Δ. Διόδωρος Ε. Δεινίας
Φρεάῤῥιος. Ἀλαιεύς.
(Boeckh, Corp. Inscrip. Nos. 207-208.)
Fritzsche (p. 73) considers these to be tickets of senators, not
of dikasts, contrary to all probability.
For the Heliastic oath, and its remarkable particulars, see
Demosthen. cont. Timokrat. p. 746. See also Aristophanês, Plutus,
277 (with the valuable Scholia, though from different hands and
not all of equal correctness) and 972; Ekklesiazusæ, 678, _seqq._
[259] Plutarch, Arist. 7; Herodot. vi, 109-111.
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