"But the prerogative tribe has not only the result, but is
the supreme judicature, and the ultimate appeal in this
commonwealth. For the popular government that makes account to be
of any standing, must make sure in the first place of the appeal
to the people. As an estate in trust becomes a man's own if he be
not answerable for it, so the power of a magistracy not
accountable to the people, from whom it was received, becoming of
private use, the commonwealth loses her liberty Wherefore the
right of supreme judicature in the people (Without which there
can be no such thing as popular government) is confirmed by the
constant practice of all commonwealths; as that of Israel in the
cases of Achan, and of the tribe of Benjamin, adjudged by the
congregation.
"The dicasterian, or court called the heliaia in Athens,
which (the comitia of that commonwealth consisting of the whole
people, and so being too numerous to be a judicatory) was
constituted sometimes of 500, at others of 1,000, or, according
to the greatness of the cause, of 1,500, elected by the lot out
of the whole body of the people, had, with the nine Archons that
were presidents, the cognizance of such causes as were of highest
importance in that State. The five ephors in Lacedaemon, which
were popular magistrates, might question their kings, as appears
by the cases of Pausanias, and of Agis, who being upon his trial
in this court, was cried to by his mother to appeal to the
people, as Plutarch has it in his life.
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