The Historians' History of the World 03

But it was not only the people formally installed in their ecclesia, who received from Clisthenes the real attributes of sovereignty; it was by him also that the people were first called into direct action as dicasts, or jurors. 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 dicasteries, in the elaborate forms in which they existed from Pericles downward, were introduced all at once by Clisthenes, 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 Clisthenes, 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 panels 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. 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. We 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 Clisthenes, 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 Pericles 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 Callimachus the polemarch not only commanded along with the strategi, but enjoyed a sort of pre-eminence over them: nor had it been done during the year after the battle of Marathon, in which Aristides was archon—for the magisterial decisions of Aristides formed one of the principal foundations of his honourable surname, the Just.

With this question, as to the comparative extent of judicial power vested by Clisthenes in the popular dicastery 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 Pericles, 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 docimasy, 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 dicastery, and presidence over it when afterwards assembled, together with the power of imposing by authority a fine of small amount upon inferior offenders.