History of Human SocietyBlackmar, Frank W. (Frank Wilson)
History
History of Human Society
Blackmar, Frank W. (Frank Wilson)
Civilization; Progress; Sociology
The administration of justice was distributed among the nine archons,
each one of whom administered some particular department. The archon
as judge could dispose of matters or refer them to an arbitrator for
decision. In every case the dissatisfied party had a right to appeal
to the court made up of a collective body of 6,000 citizens, called the
Heliaea. This body was annually chosen from the whole body of
citizens, and acted as jurors and judges. In civil matters the
services of the Heliaea were slight. They consisted in holding open
court on certain matters appealed to them from the archons. In
criminal matters the Heliaea frequently acted immediately as a sole
tribunal, whose decision was final.
It is one of the remarkable things in the Greek polity that the supreme
court or court of appeals should be elected from the common people,
while in other courts judges should hold their offices on account of
position. Solon also recognized what is known as the Council of the
Areopagus. The functions of this body had formerly belonged to the old
council included in the Draconian code. The Council of the Areopagus
was formed from the ex-archons who had held the office without blame.
It became a sort of supreme advisory council, watching over the whole
collective administration. It took account of the behavior of the
magistrates in office and of the proceedings of the public assembly,
and could interpose in other cases when, in its judgment, it thought it
necessary. It could advise as to the proper conducting of affairs and
criticise the process of administration. It could also administer
private discipline and call citizens to account for their individual
acts. In this respect it somewhat resembled the Ephors of Sparta.
{237}
The popular assembly would meet and consider the questions put before
it by the council, voting yes or no, but the subject was not open for
discussion. However, it was possible for the assembly to bring other
subjects up for discussion and, through motion, refer them to the
consideration of the council. It was also possible to attach to the
proposition of the council a motion, called in modern terms "a rider,"
and thus enlarge upon the work of the council; but it was so arranged
that the preponderance of all the offices went to the nobility and that
the council be made up of this class, and hence there was no danger
that the government would fall into the hands of the people. Solon
claimed to have put into the hands of the people all the power that
they deserved, and to have established numerous checks on government
which made it possible for each group of people to be well represented.
Public-domain text, read in full here on John Shaqi.
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