With this question, as to the comparative extent of judicial power
vested by Kleisthenês in the popular dikastery and the archons, are
in reality connected two others in Athenian constitutional law;
relating, first, to the admissibility of all citizens for the post
of archon,—next, to the choosing of archons by lot. It is well known
that, in the time of Periklês, the archons, and various other
individual functionaries, had come to be chosen by lot,—moreover, all
citizens were legally admissible, and might give in their names to be
drawn for by lot, subject to what was called the dokimasy, or legal
examination into their status of citizen, and into various moral
and religious qualifications, before they took office; while at the
same time the function of the archon had become nothing higher than
preliminary examination of parties and witnesses for the dikastery,
and presidence over it when afterwards assembled, together with the
power of imposing by authority a fine of small amount upon inferior
offenders.
Now all these three political arrangements hang essentially together.
The great value of the lot, according to Grecian democratical ideas,
was that it equalized the chance of office between rich and poor. But
so long as the poor citizens were legally inadmissible, choice by lot
could have no recommendation either to the rich or to the poor; in
fact, it would be less democratical than election by the general mass
of citizens, because the poor citizen would under the latter system
enjoy an important right of interference by means of his suffrage,
though he could not be elected himself.[260] Again, choice by lot
could never under any circumstances be applied to those posts where
special competence, and a certain measure of attributes possessed
only by a few, could not be dispensed with without obvious peril,—nor
was it ever applied, throughout the whole history of democratical
Athens, to the stratêgi, or generals, who were always elected by
show of hands of the assembled citizens. Accordingly, we may regard
it as certain that, at the time when the archons first came to be
chosen by lot, the superior and responsible duties once attached
to that office had been, or were in course of being, detached from
it, and transferred either to the popular dikasts or to the ten
elected stratêgi: so that there remained to these archons only a
routine of police and administration, important indeed to the state,
yet such as could be executed by any citizen of average probity,
diligence, and capacity. At least there was no obvious absurdity
in thinking so; and the dokimasy excluded from the office men of
notoriously discreditable life, even after they might have drawn the
successful lot. Periklês,[261] though chosen stratêgus, year after
year successively, was never archon; and it may even be doubted
whether men of first-rate talents and ambition often gave in their
names for the office. To those of smaller aspirations[262] it was
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