the Areopagus. The magistrate, instead
of deciding causes and inflicting punishment beyond the imposition of a
small fine, was constrained to impanel a jury to try the cause. In fact,
the ten dikasts became the leading judicial tribunals, and as these were
composed, each, of five hundred citizens, judgments were virtually made by
the people, instead of the old court. The pay of each man serving as a
juror was determined and punctually paid. The importance of this
revolution will be seen when these dikasts thus became the exclusive
assemblies, of course popular, in which all cases, civil and criminal,
were tried. The magistrates were thus deprived of the judicial functions
which they once enjoyed, and were confined to purely administrative
matters. The commanding functions of the archon were destroyed, and he
only retained power to hear complaints, and fix the day of trial, and
preside over the dikastic assembly. The senate of the Areopagus, which had
exercised an inquisitorial power over the lives and habits of the
citizens, and supervised the meetings of the assembly--a power uncertain
but immense, and sustained by ancient customs,--now became a mere nominal
tribunal. And this change was called for, since the members of the court
were open to bribery and corruption, and had abused their powers, little
short of paternal despotism. And when the great public improvements, the
growth of a new population, the rising importance of the Penaeus, the
introduction of nautical people, and the active duties of Athens as the
head of the Delian confederacy--all, together, gave force to the democratic
elements of society, the old and conservative court became stricter, and
more oppressive, instead of more popular and conciliatory.
(M478) But beside this great change in the constitution, Pericles effected
others also. Under his influence, a general power of supervision, over the
magistrates and the assembly, was intrusted to seven men called
Nomophylakes, or Law Guardians, changed every year, who sat with the
president in the senate and assembly, and interposed when any step was
taken contrary to existing laws. Other changes were also effected with a
view to the enforcement of laws, upon which we can not enter. It is enough
to say that it was by means of Pericles that the magistrates were stripped
of judicial power, and the Areopagus of all its jurisdiction, except in
cases of homicide, and numerous and paid and popular dikasts were
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