The Political Institutions of the Ancient GreeksHammond, Basil Edward
History
The Political Institutions of the Ancient Greeks
Hammond, Basil Edward
Greece -- Politics and government; Political science
(3) The judicial bodies alone at Athens were independent of the
political assembly. Jurisdiction, except in those few cases which
were still brought before the semi-religious court of the Areopagus
or before the first Archon, belonged to the popular law-courts which
had been first founded by Solon. A large number of citizens were taken
every year to serve as jurymen: they were divided into bodies varying
in number from two hundred to a thousand[172], and each of these bodies
sat collectively as judges to decide such cases as might be submitted
to them. They sat without any professional judge to inform them about
the condition of the law or the relevance of arguments: the advocate
on either side cited such laws as favoured his contentions, and could
use any reasoning which he thought likely to influence the court. The
citizens were not only willing but eager to render their services
as dicasts, partly because they received as daily pay three obols,
a sum equal to half a modern franc, and partly because they enjoyed
the business of the court and the importance which it conferred on
them[173].
[172] Demosthenes, _Meidias_ p. 585, asks: "What is it that gives
power and authority to any body of jurors sitting in judgement,
whether they be two hundred or a thousand or any number you will?"
[173] The eagerness of the citizens to act as dicasts is ridiculed all
through the play of the _Wasps_, brought out in 422 B.C.
(4) The records of some of the meetings of the assembly of citizens
will serve to illustrate the nature of their business. Just before the
Peloponnesian war the Corcyræans requested the Athenians to protect
them with armed force: the body to whom the Corcyræan envoys made
their request was the assembly of citizens; on the first day the
Athenians heard the arguments of the Corcyræans and of their enemies
the Corinthians: on the second day they debated what answer they should
give; on the third they resolved to grant what the Corcyræans desired
and thereby made the great war inevitable[174]. Again in 415 B.C. the
ambassadors from Egeste in Sicily, sent to ask aid from Athens, were
heard in the assembly, and it was agreed on the same day to send an
expedition of sixty ships[175]. In the case of the Peace of Nicias in
423 B.C. the negotiations were carried on by the ten generals, but
the Treaty became binding on Athens only when it was ratified by the
assembly of the people[176].
[174] Thucydides I. 31 and 44.
[175] Thucydides VI. 8.
[176] Thucydides IV. 118.
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