Untitled - 24grammata.com

150 ANCIENT GREECE. [CHAP, xi,citizen, was therefore in some measure an injury inflicted onthe state; and so far, almost every injustice suffered by theindividual, was a public concern. Yet a difference existedeven here, according to the degree of the injury ; nor wasit indifferent, whether the rights of person, or only those ofproperty, had been violated.A second circumstance also had its influence ;prescription for the most part determined what was a crime againstthe public, and what was but a private concern. But whathad once been established by prescription, was ever aftervalid as a law. Yet who can discover all the causes, perhapsfrequently accidental, by which various suits came to be considered, in one age or another, as affairs of the public?It would be ineffectual to attempt to draw very accuratelyThe most nuthe line of division according to the subjects.merous and the most important, but not all criminal cases,were regarded as public concerns. This class embraced notmerely offences against the state ; though this idea lay atthe foundation. We must rather be content with saying,that prescription had caused certain offences to be regardedas public, and others as private matters. The regulationsrespecting them were, however, in the Attic law veryexact ;and it was firmly established, which processes belonged to the state, and which to individuals.The character of the two classes was essentially distinguished by this that in;the public affairs, a complaint mightbe made by any citizen ;and in the private, it could be1made only by the injured person, or his nearest relation;for in the one case, the stateor the whole community wasregarded as the injured party ;in the other, only the in--dividual.But whoever brought the suit, it was necessary in privateand public concerns for the complainant to enter his complaint before a magistrate, and definitely state the offencewhich he charged against the accused.The magistrate, before whom the suit was thus commenced, was now obligedto prepare the action, so that it could be submitted to thejudges. These judges were either the whole community, orsome particular courts, which may perhaps be best denominated, committees of the people. For the tribunals consisted1See the proofs in Sigonius,1. c,