Part 45

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.

The Athenian Constitution · 第 45 / 69 章