know that the holding of the quaestorship gave a title
to admission into the body of judges, but that the
candidate had nevertheless to be elected by certain
self-electing Boards of Five (Pentarchies); and that
the judges, although presumably by law chosen from
year to year, practically remained in office for a
longer period or indeed for life, for which reason
they are usually called “senators” by
the Greeks and Romans. Obscure as are the details,
we recognize clearly the nature of the body as an
oligarchical board constituted by aristocratic cooptation;
an isolated but characteristic indication of which
is found in the fact that there were in Carthage special
baths for the judges over and above the common baths
for the citizens. They were primarily intended
to act as political jurymen, who summoned the generals
in particular, but beyond doubt the shofetes and gerusiasts
also when circumstances required, to a reckoning on
resigning office, and inflicted even capital punishment
at pleasure, often with the most reckless cruelty.
Of course in this as in every instance, where administrative
functionaries are subjected to the control of another
body, the real centre of power passed over from the
controlled to the controlling authority; and it is
easy to understand on the one hand how the latter
came to interfere in all matters of administration—the
gerusia for instance submitted important despatches
first to the judges, and then to the people —and
on the other hand how fear of the control at home,
which regularly meted out its award according to success,
hampered the Carthaginian statesman and general in
council and action.
Citizens
The body of citizens in Carthage, though not expressly
restricted, as in Sparta, to the attitude of passive
bystanders in the business of the state, appears to
have had but a very slight amount of practical influence
on it In the elections to the gerusia a system of open
corruption was the rule; in the nomination of a general
the people were consulted, but only after the nomination
had really been made by proposal on the part of the
gerusia; and other questions only went to the people
when the gerusia thought fit or could not otherwise
agree. Assemblies of the people with judicial
functions were unknown in Carthage. The powerlessness
of the citizens probably in the main resulted from
their political organization; the Carthaginian mess-associations,
which are mentioned in this connection and compared
with the Spartan Pheiditia, were probably guilds under
oligarchical management. Mention is made even
of a distinction between “burgesses of the city”
and “manual labourers,” which leads us
to infer that the latter held a very inferior position,
perhaps beyond the pale of law.
Character of the Government