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The Athenian Constitution   


of dispatches also deliver them to the same officials.

Part 44

There is a single President of the Prytanes, elected by lot, who
presides for a night and a day; he may not hold the office for more
than that time, nor may the same individual hold it twice. He keeps
the keys of the sanctuaries in which the treasures and public
records of the state are preserved, and also the public seal; and he
is bound to remain in the Tholus, together with one-third of the
Prytanes, named by himself. Whenever the Prytanes convene a
meeting of
the Council or Assembly, he appoints by lot nine Proedri, one from
each tribe except that which holds the office of Prytanes
for the time
being; and out of these nine he similarly appoints one as President,
and hands over the programme for the meeting to them. They
take it and
see to the preservation of order, put forward the various subjects
which are to be considered, decide the results of the votings, and
direct the proceedings generally. They also have power to dismiss
the meeting. No one may act as President more than once in the year,
but he may be a Proedrus once in each prytany.
Elections to the offices of General and Hipparch and all other
military commands are held in the Assembly, in such manner as the
people decide; they are held after the sixth prytany by the first
board of Prytanes in whose term of office the omens are favourable.
There has, however, to be a preliminary consideration by the Council
in this case also.

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

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