Page:History of Greece Vol V.djvu/382

 g58 HISTORY OF GHEECK. ate. The position and influence of these latter became radically altered : the most commanding functions of the archon were ab- rogated, and he retained only the power of receiving complaints, inquiring into them, exercising some small preliminary interfer- ence with the parties for the furtherance of the cause or accusa- tion, fixing the day for trial, and presiding over the dikastic as- sembly, by whom peremptory verdict was pronounced. His administrative functions remained unaltered, but his powers, inquisitorial and determining, as a judge, passed away.i In reference to the senate of Areopagus also, the changes introduced were not less considerable. That senate, anterior to the democracy in point of date, and standing alone in the enjoy- ment of a life-tenure, appears to have exercised an undefined and extensive control which long continuance had gradually con- secrated. It was invested with a kind of religious respect, and believed to possess mysterious traditions emanating from a divine source :^ especially, the cognizance which it took of intentional ' Aristotel. Politic, ii, 9, 3. Kal rrjv /lev tv ^kpelu Ttuyu (iovl^v 'E(ptaXTT]C eK6?.uv'je Kal Il£piK?^T/g- -a 6e diKaarypia /xiadodopa KareaTTiae UepiKAyc Kal TovTOv 6fj Tov TpoTTOv iKaoTog tuv dr]/j.ayu)y(Jv TrpojjyayEV, av^cjv eig ttjv vvv drifj-OKpaTLav. ^aiverai 6' ov Kara ttjv IioXuvo^ yevea'Sat. rovro npoaipe- aiv, u/,la iiuXkov anb avuTTTufiaTOQ. Ty/f vavapx'iag yap tv toi( MrjdiKoIc 6 S^/ior alrioc yevo/xevo^ i(j>povJifiaria-&i^, Kal dri/iay(jyoi)c ekafie (jiavTiovg, avrnrn?uTEVO/ievuv ruv imeiKcJv • inel "ZoTluv y' eolke t^v avayKaioTaTrjv uTcodidovai tu) STJfiu 6vva/iiv, rb rug upx'^S alpela'&ai Kal ev'&vveiv • /n]6e yup TOVTOV KvpLog o)v 6 drifiog 6ov7iog uv elr] Kal TroXi/iiog. The words ra Ss SiKacrTT^pia fxio^ocpopa KaTeaTrjae TJepcKlij^', are commonly translated, " Perikles first^gave pay to the dikasteries," wherein it is as- sumed that these bodies had before judged gratuitously. But it appears to me that the words ought to be translated, " Perikles first constituted the paid dikasteries : " that is, the dikasteries as well as the pay were of his introduction. It is evident from this whole passage that Aristotle did not suppose the dikasteries, either gratuitous or paid, to have been constituted by Solon, but to have been foreign to the purpose of that lawgiver, and to have been novelties emanating from Perikles and Ephialtes, at the same time that the judicial functions of the senate of Areopagus were cut down. (ha'&^Kac, ev alg tu r^f ■Ko'^.eug ouTrjpia KetTai, etc. So also ^schines calls this senate tt/v aKv&punbv Kal tuv fieyioTuv Kvpiav (SovXi/v (cont. Ktesi- phont. c. 9, p. 373 : compare also cont. Timarchum, c. 16, p. 41 ; Deraosth.
 * Deinarchus cont. Demosthen. Or. i, p. 91. (pv/iuTTCi ruf uTzopr]Tovg