Limits of Council's Judicial Power and Its Duties — Aristotle, Constitution of the Athenians 45–46, Greek & English

§45

XLV. ἡ δὲ βουλὴ πρότερον μὲν ἦν κυρία καὶ χρήμασιν ζημιῶσαι καὶ δῆσαι καὶ ἀποκτεῖναι. καὶ Λυσίμαχον αὐτῆς ἀγαγούσης ὡς τὸν δήμιον καθήμενον ἤδη μέλλοντα ἀποθνῄσκειν Εὐμηλίδης ὁ Ἀλωπεκῆθεν ἀφείλετο, οὐ φάσκων δεῖν ἄνευ δικαστηρίου γνώσεως οὐδένα τῶν πολιτῶν ἀποθνῄσκειν· καὶ κρίσεως ἐν δικαστηρίῳ γενομένης ὁ μὲν Λυσίμαχος ἀπέφυγεν καὶ ἐπωνυμίαν ἔσχεν ὁ ἀπὸ τοῦ τυπάνου,¹ ὁ δὲ δῆμος ἀφείλετο τῆς βουλῆς τὸ θανατοῦν καὶ δεῖν καὶ χρήμασιν ζημιοῦν, καὶ νόμον ἔθετο, ἄν τινος ἀδικεῖν ἡ βουλὴ καταγνῷ² ἢ ζημιώσῃ, τὰς καταγνώσεις καὶ τὰς ἐπιζημιώσεις εἰσάγειν τοὺς θεσμοθέτας εἰς τὸ δικαστήριον, καὶ ὅ τι ἂν οἱ δικασταὶ ψηφίσωνται, τοῦτο κύριον εἶναι. κρίνει δὲ | τὰς ἀρχὰς ἡ βουλὴ τὰς πλείστας, καὶ μάλισθ’ ὅσαι χρήματα διαχειρίζουσιν· οὐ κυρία δ’ ἡ κρίσις, ἀλλ’ ἐφέσιμος εἰς τὸ δικαστήριον. ἔξεστι δὲ καὶ τοῖς ἰδιώταις εἰσαγγέλλειν ἣν ἂν βούλωνται τῶν ἀρχῶν μὴ χρῆσθαι τοῖς νόμοις· ἔφεσις δὲ καὶ τούτοις ἐστὶν εἰς τὸ δικαστήριον ἐὰν αὐτῶν ἡ βουλὴ καταγνῷ. δοκιμάζει δὲ καὶ τοὺς βουλευτὰς τοὺς τὸν ὕστερον ἐνιαυτὸν βουλεύσοντας καὶ τοὺς ἐννέα ἄρχοντας. καὶ πρότερον μὲν ἦν ἀποδοκιμάσαι κυρία, νῦν δὲ τούτοις ἔφεσίς ἐστιν εἰς τὸ δικαστήριον. τούτων μὲν οὖν ἄκυρός ἐστιν ἡ βουλή·³ προβουλεύει δ’ εἰς τὸν δῆμον, καὶ οὐκ ἔξεστιν οὐδὲν ἀπροβούλευτον οὐδ’ ὅ τι ἂν μὴ προγράψωσιν οἱ πρυτάνεις ψηφίσασθαι τῷ δήμῳ· κατ’ αὐτὰ γὰρ ταῦτα ἔνοχός ἐστιν ὁ νικήσας γραφῇ παρανόμων.

XLV. Formerly, the Council had authority to fine, imprison, and put to death. And when it led Lysimachus to the executioner, and he was already sitting there about to die, Eumelides of Alopeke rescued him, saying that no citizen ought to die without a verdict of a law-court; and when a trial took place in court, Lysimachus was acquitted and received the surname “he from the cudgel”, while the people took away from the Council the power to execute, imprison, and fine, and enacted a law that, if the Council should convict anyone of wrongdoing or impose a fine, the thesmothetae should bring the convictions and fines before the court, and whatever the jurors vote, this shall be binding. The Council judges most magistrates, especially those who handle money; but its judgment is not final, but subject to appeal to the court. Private citizens are also allowed to impeach whichever of the magistrates they wish for not obeying the laws; and for these too there is an appeal to the court if the Council convicts them. It also examines the councilors who are to serve for the following year and the nine archons. Formerly it had authority to reject them, but now these have an appeal to the court. Thus the Council has no final authority in these matters; but it prepares preliminary business for the people, and it is not permitted for the people to vote on anything that has not been prepared by preliminary decree, nor on anything that the prytaneis have not posted on the agenda; for on these very grounds the proposer of a motion that passes is liable to an indictment for unconstitutional proposals.

§46

XLVI. ἐπιμελεῖται δὲ καὶ τῶν πεποιημένων τριήρων καὶ τῶν σκευῶν καὶ τῶν νεωσοίκων, καὶ ποιεῖται καινὰς [δὲ] τριήρεις ἢ τετρήρεις, ὁποτέρας ἂν ὁ δῆμος χειροτονήσῃ, καὶ σκεύη ταύταις καὶ νεωσοίκους· χειροτονεῖ δ’ ἀρχιτέκτονας ὁ δῆμος ἐπὶ τὰς ναῦς. ἂν δὲ μὴ παραδῶσιν ἐξειργασμένα ταῦτα τῇ νέᾳ βουλῇ, τὴν δωρεὰν οὐκ ἔστιν αὐτοῖς λαβεῖν·⁴ ἐπὶ γὰρ τῆς ὕστερον βουλῆς λαμβάνουσιν. | ποιεῖται δὲ τὰς τριήρεις, δέκα ἄνδρας ἐξ αὑ[τῆς] ἑλομένη τριηροποιούς. ἐξετάζει δὲ καὶ τὰ οἰκοδομήματα τὰ δημόσια πάντα, κἄν τις ἀδικεῖν αὐτῇ δόξῃ, τῷ τε δήμῳ τοῦτον [ἀπ]οφαίνει καὶ καταγνόντος παραδίδωσι δικαστηρίῳ.

XLVI. It also takes care of the existing triremes, their tackle, and the ship-sheds, and builds new triremes or quadriremes, whichever the people vote for, and equipment for them and ship-sheds; and the people elect naval architects for the ships. If they do not hand these over fully completed to the new Council, it is not possible for them to receive their reward; for they receive it under the subsequent Council. It builds the triremes, choosing ten men from its own number as trireme-builders. It also inspects all public buildings, and if anyone appears to it to commit a wrong, it reports him to the people and, if the people convict him, hands him over to the court.

Syntax notes4 items

45.1ὁ ἀπὸ τοῦ τυπάνου
Meaning "the man saved from the cudgel/frame". The word τύπανον (or τύμπανον) denotes a wooden execution frame or club used for corporal/capital punishment. The preposition ἀπό expresses survival or deliverance from an ordeal, forming a nickname derived from Lysimachus' escape from execution.
45.1ἄν τινος ἀδικεῖν ἡ βουλὴ καταγνῷ
The verb καταγιγνώσκω takes a genitive of the accused person (τινος) and an infinitive of the offense (ἀδικεῖν) ("find someone guilty of wrongdoing"). The genitive denotes the person judged, while the infinitive specifies the charge.
45.4τούτων μὲν οὖν ἄκυρός ἐστιν ἡ βουλή
The adjective ἄκυρος ("without final authority") governs the genitive demonstrative pronoun τούτων ("concerning these matters") as a genitive of respect/reference. It summarizes the preceding rules on dokimasia and appeals, establishing that the Council lacks final power.
46.1τὴν δωρεὰν οὐκ ἔστιν αὐτοῖς λαβεῖν
The verb ἔστιν is used impersonally to express possibility ("it is possible"), taking the infinitive λαβεῖν and a dative of agent αὐτοῖς ("it is not possible for them to receive the gift/reward"). It forms the apodosis to the preceding conditional clause regarding incomplete delivery of ships.

Translated by Gemini 3.5 Flash (published 2026-05-22) · Revision history (13, latest 2026-10-12)

2026-10-12 Collated with the printed edition — source 1
2026-10-11 Collated with the printed edition — source 12

urn:cts:greekLit:tlg0086.tlg003.humanitext-grc1:45-46