In former times the Council had full powers to inflict fines and
imprisonment and death; but when it had consigned Lysimachus to the
executioner, and he was sitting in the immediate expectation of death,
Eumelides of Alopece rescued him from its hands, maintaining that no
citizen ought to be put to death except on the decision of a court of
law. Accordingly a trial was held in a law-court, and Lysimachus was
acquitted, receiving henceforth the nickname of 'the man from the
drum-head'; and the people deprived the Council thenceforward of the
power to inflict death or imprisonment or fine, passing a law that if
the Council condemn any person for an offence or inflict a fine, the
Thesmothetae shall bring the sentence or fine before the law-court, and
the decision of the jurors shall be the final judgement in the matter.
The Council passes judgement on nearly all magistrates, especially
those who have the control of money; its judgement, however, is not
final, but is subject to an appeal to the lawcourts. Private
individuals, also, may lay an information against any magistrate they
please for not obeying the laws, but here too there is an appeal to the
law-courts if the Council declare the charge proved. The Council also
examines those who are to be its members for the ensuing year, and
likewise the nine Archons. Formerly the Council had full power to
reject candidates for office as unsuitable, but now they have an appeal
to the law-courts. In all these matters, therefore, the Council has no
final jurisdiction. It takes, however, preliminary cognizance of all
matters brought before the Assembly, and the Assembly cannot vote on
any question unless it has first been considered by the Council and
placed on the programme by the Prytanes; since a person who carries a
motion in the Assembly is liable to an action for illegal proposal on
these grounds.