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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/26095-h.zip b/26095-h.zip Binary files differnew file mode 100644 index 0000000..6f7e7e3 --- /dev/null +++ b/26095-h.zip diff --git a/26095-h/26095-h.htm b/26095-h/26095-h.htm new file mode 100644 index 0000000..a5df805 --- /dev/null +++ b/26095-h/26095-h.htm @@ -0,0 +1,3566 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<HTML> +<HEAD> + +<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1"> + +<TITLE> +The Project Gutenberg E-text of The Athenian Constitution, by Aristotle. +</TITLE> + +<STYLE TYPE="text/css"> +BODY { color: Black; + background: White; + margin-right: 10%; + margin-left: 10%; + font-family: "Times New Roman", serif; + text-align: justify } + +PRE { font-size: small; + font-family: "Times New Roman", serif; } + +P {text-indent: 4% } + +P.noindent {text-indent: 0% } + +P.poem {text-indent: 0%; + margin-left: 10%; + font-size: small } + +P.finis { text-align: center ; + text-indent: 0% ; + font-size: medium ; + font-weight: bold ; + margin-left: 0% ; + margin-right: 0% } + + +</STYLE> + +</HEAD> + +<BODY> + + +<pre> + +The Project Gutenberg EBook of The Athenian Constitution, by Aristotle + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Athenian Constitution + +Author: Aristotle + +Translator: Frederic G. Kenyon + +Release Date: July 21, 2008 [EBook #26095] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE ATHENIAN CONSTITUTION *** + + + + +Produced by Al Haines + + + + + +</pre> + + +<BR><BR> + +<H1 ALIGN="center"> +THE ATHENIAN CONSTITUTION +</H1> + +<BR> + +<H3 ALIGN="center"> +by +</H3> + +<H2 ALIGN="center"> +Aristotle +</H2> + +<BR><BR> + +<H3 ALIGN="center"> +Translated by Sir Frederic G. Kenyon +</H3> + +<BR><BR><BR> + +<H3 ALIGN="center"> +CONTENTS +</H3> + +<TABLE ALIGN="center" WIDTH="80%"> +<TR> +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> + +<A HREF="#part01">Part 1</A> +<A HREF="#part02">Part 2</A> +<A HREF="#part03">Part 3</A> +<A HREF="#part04">Part 4</A> +<A HREF="#part05">Part 5</A> +<A HREF="#part06">Part 6</A> +<A HREF="#part07">Part 7</A> +<A HREF="#part08">Part 8</A> +<A HREF="#part09">Part 9</A> +</PRE> +</TD> + +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part10">Part 10</A> +<A HREF="#part11">Part 11</A> +<A HREF="#part12">Part 12</A> +<A HREF="#part13">Part 13</A> +<A HREF="#part14">Part 14</A> +<A HREF="#part15">Part 15</A> +<A HREF="#part16">Part 16</A> +<A HREF="#part17">Part 17</A> +<A HREF="#part18">Part 18</A> +<A HREF="#part19">Part 19</A> +</PRE> +</TD> + +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part20">Part 20</A> +<A HREF="#part21">Part 21</A> +<A HREF="#part22">Part 22</A> +<A HREF="#part23">Part 23</A> +<A HREF="#part24">Part 24</A> +<A HREF="#part25">Part 25</A> +<A HREF="#part26">Part 26</A> +<A HREF="#part27">Part 27</A> +<A HREF="#part28">Part 28</A> +<A HREF="#part29">Part 29</A> + +</PRE> +</TD> + +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part30">Part 30</A> +<A HREF="#part31">Part 31</A> +<A HREF="#part32">Part 32</A> +<A HREF="#part33">Part 33</A> +<A HREF="#part34">Part 34</A> +<A HREF="#part35">Part 35</A> +<A HREF="#part36">Part 36</A> +<A HREF="#part37">Part 37</A> +<A HREF="#part38">Part 38</A> +<A HREF="#part39">Part 39</A> +</PRE> +</TD> + +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part40">Part 40</A> +<A HREF="#part41">Part 41</A> +<A HREF="#part42">Part 42</A> +<A HREF="#part43">Part 43</A> +<A HREF="#part44">Part 44</A> +<A HREF="#part45">Part 45</A> +<A HREF="#part46">Part 46</A> +<A HREF="#part47">Part 47</A> +<A HREF="#part48">Part 48</A> +<A HREF="#part49">Part 49</A> +</PRE> + +</TD> +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part50">Part 50</A> +<A HREF="#part51">Part 51</A> +<A HREF="#part52">Part 52</A> +<A HREF="#part53">Part 53</A> +<A HREF="#part54">Part 54</A> +<A HREF="#part55">Part 55</A> +<A HREF="#part56">Part 56</A> +<A HREF="#part57">Part 57</A> +<A HREF="#part58">Part 58</A> +<A HREF="#part59">Part 59</A> +</PRE> +</TD> + +<TD ALIGN="left" VALIGN="top" WIDTH="15%"> +<PRE> +<A HREF="#part60">Part 60</A> +<A HREF="#part61">Part 61</A> +<A HREF="#part62">Part 62</A> +<A HREF="#part63">Part 63</A> +<A HREF="#part64">Part 64</A> +<A HREF="#part65">Part 65</A> +<A HREF="#part66">Part 66</A> +<A HREF="#part67">Part 67</A> +<A HREF="#part68">Part 68</A> +<A HREF="#part69">Part 69</A> +</PRE> +</TD> + +</TR> + +</TABLE> + +<BR><BR><BR> + +<A NAME="part01"></A> +<H3 ALIGN="center"> +Part 1 +</H3> + +<P> +...[They were tried] by a court empanelled from among the noble +families, and sworn upon the sacrifices. The part of accuser was taken +by Myron. They were found guilty of the sacrilege, and their bodies +were cast out of their graves and their race banished for evermore. In +view of this expiation, Epimenides the Cretan performed a purification +of the city. +</P> + +<BR><BR><BR> + +<A NAME="part02"></A> +<H3 ALIGN="center"> +Part 2 +</H3> + +<P> +After this event there was contention for a long time between the upper +classes and the populace. Not only was the constitution at this time +oligarchical in every respect, but the poorer classes, men, women, and +children, were the serfs of the rich. They were known as Pelatae and +also as Hectemori, because they cultivated the lands of the rich at the +rent thus indicated. The whole country was in the hands of a few +persons, and if the tenants failed to pay their rent they were liable +to be haled into slavery, and their children with them. All loans +secured upon the debtor's person, a custom which prevailed until the +time of Solon, who was the first to appear as the champion of the +people. But the hardest and bitterest part of the constitution in the +eyes of the masses was their state of serfdom. Not but what they were +also discontented with every other feature of their lot; for, to speak +generally, they had no part nor share in anything. +</P> + +<BR><BR><BR> + +<A NAME="part03"></A> +<H3 ALIGN="center"> +Part 3 +</H3> + +<P> +Now the ancient constitution, as it existed before the time of Draco, +was organized as follows. The magistrates were elected according to +qualifications of birth and wealth. At first they governed for life, +but subsequently for terms of ten years. The first magistrates, both in +date and in importance, were the King, the Polemarch, and the Archon. +The earliest of these offices was that of the King, which existed from +ancestral antiquity. To this was added, secondly, the office of +Polemarch, on account of some of the kings proving feeble in war; for +it was on this account that Ion was invited to accept the post on an +occasion of pressing need. The last of the three offices was that of +the Archon, which most authorities state to have come into existence in +the time of Medon. Others assign it to the time of Acastus, and adduce +as proof the fact that the nine Archons swear to execute their oaths +'as in the days of Acastus,' which seems to suggest that it was in his +time that the descendants of Codrus retired from the kingship in return +for the prerogatives conferred upon the Archon. Whichever way it may +be, the difference in date is small; but that it was the last of these +magistracies to be created is shown by the fact that the Archon has no +part in the ancestral sacrifices, as the King and the Polemarch have, +but exclusively in those of later origin. So it is only at a +comparatively late date that the office of Archon has become of great +importance, through the dignity conferred by these later additions. The +Thesmothetae were many years afterwards, when these offices had already +become annual, with the object that they might publicly record all +legal decisions, and act as guardians of them with a view to +determining the issues between litigants. Accordingly their office, +alone of those which have been mentioned, was never of more than annual +duration. +</P> + +<P> +Such, then, is the relative chronological precedence of these offices. +At that time the nine Archons did not all live together. The King +occupied the building now known as the Boculium, near the Prytaneum, as +may be seen from the fact that even to the present day the marriage of +the King's wife to Dionysus takes place there. The Archon lived in the +Prytaneum, the Polemarch in the Epilyceum. The latter building was +formerly called the Polemarcheum, but after Epilycus, during his term +of office as Polemarch, had rebuilt it and fitted it up, it was called +the Epilyceum. The Thesmothetae occupied the Thesmotheteum. In the time +of Solon, however, they all came together into the Thesmotheteum. They +had power to decide cases finally on their own authority, not, as now, +merely to hold a preliminary hearing. Such then was the arrangement of +the magistracies. The Council of Areopagus had as its constitutionally +assigned duty the protection of the laws; but in point of fact it +administered the greater and most important part of the government of +the state, and inflicted personal punishments and fines summarily upon +all who misbehaved themselves. This was the natural consequence of the +facts that the Archons were elected under qualifications of birth and +wealth, and that the Areopagus was composed of those who had served as +Archons; for which latter reason the membership of the Areopagus is the +only office which has continued to be a life-magistracy to the present +day. +</P> + +<BR><BR><BR> + +<A NAME="part04"></A> +<H3 ALIGN="center"> +Part 4 +</H3> + +<P> +Such was, in outline, the first constitution, but not very long after +the events above recorded, in the archonship of Aristaichmus, Draco +enacted his ordinances. Now his constitution had the following form. +The franchise was given to all who could furnish themselves with a +military equipment. The nine Archons and the Treasurers were elected by +this body from persons possessing an unencumbered property of not less +than ten minas, the less important officials from those who could +furnish themselves with a military equipment, and the generals +[Strategi] and commanders of the cavalry [Hipparchi] from those who +could show an unencumbered property of not less than a hundred minas, +and had children born in lawful wedlock over ten years of age. These +officers were required to hold to bail the Prytanes, the Strategi, and +the Hipparchi of the preceding year until their accounts had been +audited, taking four securities of the same class as that to which the +Strategi and the Hipparchi belonged. There was also to be a Council, +consisting of four hundred and one members, elected by lot from among +those who possessed the franchise. Both for this and for the other +magistracies the lot was cast among those who were over thirty years of +age; and no one might hold office twice until every one else had had +his turn, after which they were to cast the lot afresh. If any member +of the Council failed to attend when there was a sitting of the Council +or of the Assembly, he paid a fine, to the amount of three drachmas if +he was a Pentacosiomedimnus, two if he was a Knight, and One if he was +a Zeugites. The Council of Areopagus was guardian of the laws, and kept +watch over the magistrates to see that they executed their offices in +accordance with the laws. Any person who felt himself wronged might lay +an information before the Council of Areopagus, on declaring what law +was broken by the wrong done to him. But, as has been said before, +loans were secured upon the persons of the debtors, and the land was in +the hands of a few. +</P> + +<BR><BR><BR> + +<A NAME="part05"></A> +<H3 ALIGN="center"> +Part 5 +</H3> + +<P> +Since such, then, was the organization of the constitution, and the +many were in slavery to the few, the people rose against the upper +class. The strife was keen, and for a long time the two parties were +ranged in hostile camps against one another, till at last, by common +consent, they appointed Solon to be mediator and Archon, and committed +the whole constitution to his hands. The immediate occasion of his +appointment was his poem, which begins with the words: +</P> + +<P CLASS="poem"> +I behold, and within my heart deep sadness has claimed its place,<BR> +As I mark the oldest home of the ancient Ionian race<BR> +Slain by the sword.<BR> +</P> + +<BR> + +<P> +In this poem he fights and disputes on behalf of each party in turn +against the other, and finally he advises them to come to terms and put +an end to the quarrel existing between them. By birth and reputation +Solon was one of the foremost men of the day, but in wealth and +position he was of the middle class, as is generally agreed, and is, +indeed, established by his own evidence in these poems, where he +exhorts the wealthy not to be grasping. +</P> + +<P CLASS="poem"> +But ye who have store of good, who are sated and overflow,<BR> +Restrain your swelling soul, and still it and keep it low:<BR> +Let the heart that is great within you be trained a lowlier way;<BR> +Ye shall not have all at your will, and we will not for ever obey. +</P> + +<P CLASS="noindent"> +Indeed, he constantly fastens the blame of the conflict on the rich; +and accordingly at the beginning of the poem he says that he fears 'the +love of wealth and an overweening mind', evidently meaning that it was +through these that the quarrel arose. +</P> + +<BR><BR><BR> + +<A NAME="part06"></A> +<H3 ALIGN="center"> +Part 6 +</H3> + +<P> +As soon as he was at the head of affairs, Solon liberated the people +once and for all, by prohibiting all loans on the security of the +debtor's person: and in addition he made laws by which he cancelled all +debts, public and private. This measure is commonly called the +Seisachtheia [= removal of burdens], since thereby the people had their +loads removed from them. In connexion with it some persons try to +traduce the character of Solon. It so happened that, when he was about +to enact the Seisachtheia, he communicated his intention to some +members of the upper class, whereupon, as the partisans of the popular +party say, his friends stole a march on him; while those who wish to +attack his character maintain that he too had a share in the fraud +himself. For these persons borrowed money and bought up a large amount +of land, and so when, a short time afterwards, all debts were +cancelled, they became wealthy; and this, they say, was the origin of +the families which were afterwards looked on as having been wealthy +from primeval times. However, the story of the popular party is by far +the most probable. A man who was so moderate and public-spirited in all +his other actions, that when it was within his power to put his +fellow-citizens beneath his feet and establish himself as tyrant, he +preferred instead to incur the hostility of both parties by placing his +honour and the general welfare above his personal aggrandisement, is +not likely to have consented to defile his hands by such a petty and +palpable fraud. That he had this absolute power is, in the first place, +indicated by the desperate condition the country; moreover, he mentions +it himself repeatedly in his poems, and it is universally admitted. We +are therefore bound to consider this accusation to be false. +</P> + +<BR><BR><BR> + +<A NAME="part07"></A> +<H3 ALIGN="center"> +Part 7 +</H3> + +<P> +Next Solon drew up a constitution and enacted new laws; and the +ordinances of Draco ceased to be used, with the exception of those +relating to murder. The laws were inscribed on the wooden stands, and +set up in the King's Porch, and all swore to obey them; and the nine +Archons made oath upon the stone, declaring that they would dedicate a +golden statue if they should transgress any of them. This is the origin +of the oath to that effect which they take to the present day. Solon +ratified his laws for a hundred years; and the following was the +fashion in which he organized the constitution. He divided the +population according to property into four classes, just as it had been +divided before, namely, Pentacosiomedimni, Knights, Zeugitae, and +Thetes. The various magistracies, namely, the nine Archons, the +Treasurers, the Commissioners for Public Contracts (Poletae), the +Eleven, and Clerks (Colacretae), he assigned to the Pentacosiomedimni, +the Knights, and the Zeugitae, giving offices to each class in +proportion to the value of their rateable property. To who ranked among +the Thetes he gave nothing but a place in the Assembly and in the +juries. A man had to rank as a Pentacosiomedimnus if he made, from his +own land, five hundred measures, whether liquid or solid. Those ranked +as Knights who made three hundred measures, or, as some say, those who +were able to maintain a horse. In support of the latter definition they +adduce the name of the class, which may be supposed to be derived from +this fact, and also some votive offerings of early times; for in the +Acropolis there is a votive offering, a statue of Diphilus, bearing +this inscription: +</P> + +<P CLASS="poem"> +The son of Diphilus, Athenion hight,<BR> +Raised from the Thetes and become a knight,<BR> +Did to the gods this sculptured charger bring,<BR> +For his promotion a thank-offering.<BR> +</P> + +<P CLASS="noindent"> +And a horse stands in evidence beside the man, implying that this was +what was meant by belonging to the rank of Knight. At the same time it +seems reasonable to suppose that this class, like the +Pentacosiomedimni, was defined by the possession of an income of a +certain number of measures. Those ranked as Zeugitae who made two +hundred measures, liquid or solid; and the rest ranked as Thetes, and +were not eligible for any office. Hence it is that even at the present +day, when a candidate for any office is asked to what class he belongs, +no one would think of saying that he belonged to the Thetes. +</P> + +<BR><BR><BR> + +<A NAME="part08"></A> +<H3 ALIGN="center"> +Part 8 +</H3> + +<P> +The elections to the various offices Solon enacted should be by lot, +out of candidates selected by each of the tribes. Each tribe selected +ten candidates for the nine archonships, and among these the lot was +cast. Hence it is still the custom for each tribe to choose ten +candidates by lot, and then the lot is again cast among these. A proof +that Solon regulated the elections to office according to the property +classes may be found in the law still in force with regard to the +Treasurers, which enacts that they shall be chosen from the +Pentacosiomedimni. Such was Solon's legislation with respect to the +nine Archons; whereas in early times the Council of Areopagus summoned +suitable persons according to its own judgement and appointed them for +the year to the several offices. There were four tribes, as before, and +four tribe-kings. Each tribe was divided into three Trittyes [=Thirds], +with twelve Naucraries in each; and the Naucraries had officers of +their own, called Naucrari, whose duty it was to superintend the +current receipts and expenditure. Hence, among the laws of Solon now +obsolete, it is repeatedly written that the Naucrari are to receive and +to spend out of the Naucraric fund. Solon also appointed a Council of +four hundred, a hundred from each tribe; but he assigned to the Council +of the Areopagus the duty of superintending the laws, acting as before +as the guardian of the constitution in general. It kept watch over the +affairs of the state in most of the more important matters, and +corrected offenders, with full powers to inflict either fines or +personal punishment. The money received in fines it brought up into the +Acropolis, without assigning the reason for the mulct. It also tried +those who conspired for the overthrow of the state, Solon having +enacted a process of impeachment to deal with such offenders. Further, +since he saw the state often engaged in internal disputes, while many +of the citizens from sheer indifference accepted whatever might turn +up, he made a law with express reference to such persons, enacting that +any one who, in a time [Transcriber's note: of?] +civil factions, did not take up arms with either +party, should lose his rights as a citizen and cease to have any part +in the state. +</P> + +<BR><BR><BR> + +<A NAME="part09"></A> +<H3 ALIGN="center"> +Part 9 +</H3> + +<P> +Such, then, was his legislation concerning the magistracies. There are +three points in the constitution of Solon which appear to be its most +democratic features: first and most important, the prohibition of loans +on the security of the debtor's person; secondly, the right of every +person who so willed to claim redress on behalf of any one to whom +wrong was being done; thirdly, the institution of the appeal to the +jurycourts; and it is to this last, they say, that the masses have owed +their strength most of all, since, when the democracy is master of the +voting-power, it is master of the constitution. Moreover, since the +laws were not drawn up in simple and explicit terms (but like the one +concerning inheritances and wards of state), disputes inevitably +occurred, and the courts had to decide in every matter, whether public +or private. Some persons in fact believe that Solon deliberately made +the laws indefinite, in order that the final decision might be in the +hands of the people. This, however, is not probable, and the reason no +doubt was that it is impossible to attain ideal perfection when framing +a law in general terms; for we must judge of his intentions, not from +the actual results in the present day, but from the general tenor of +the rest of his legislation. +</P> + +<BR><BR><BR> + +<A NAME="part10"></A> +<H3 ALIGN="center"> +Part 10 +</H3> + +<P> +These seem to be the democratic features of his laws; but in addition, +before the period of his legislation, he carried through his abolition +of debts, and after it his increase in the standards of weights and +measures, and of the currency. During his administration the measures +were made larger than those of Pheidon, and the mina, which previously +had a standard of seventy drachmas, was raised to the full hundred. The +standard coin in earlier times was the two-drachma piece. He also made +weights corresponding with the coinage, sixty-three minas going to the +talent; and the odd three minas were distributed among the staters and +the other values. +</P> + +<BR><BR><BR> + +<A NAME="part11"></A> +<H3 ALIGN="center"> +Part 11 +</H3> + +<P> +When he had completed his organization of the constitution in the +manner that has been described, he found himself beset by people coming +to him and harassing him concerning his laws, criticizing here and +questioning there, till, as he wished neither to alter what he had +decided on nor yet to be an object of ill will to every one by +remaining in Athens, he set off on a journey to Egypt, with the +combined objects of trade and travel, giving out that he should not +return for ten years. He considered that there was no call for him to +expound the laws personally, but that every one should obey them just +as they were written. Moreover, his position at this time was +unpleasant. Many members of the upper class had been estranged from him +on account of his abolition of debts, and both parties were alienated +through their disappointment at the condition of things which he had +created. The mass of the people had expected him to make a complete +redistribution of all property, and the upper class hoped he would +restore everything to its former position, or, at any rate, make but a +small change. Solon, however, had resisted both classes. He might have +made himself a despot by attaching himself to whichever party he chose, +but he preferred, though at the cost of incurring the enmity of both, +to be the saviour of his country and the ideal lawgiver. +</P> + +<BR><BR><BR> + +<A NAME="part12"></A> +<H3 ALIGN="center"> +Part 12 +</H3> + +<P> +The truth of this view of Solon's policy is established alike by common +consent, and by the mention he has himself made of the matter in his +poems. Thus: +</P> + +<P CLASS="poem"> +I gave to the mass of the people such rank as befitted their need,<BR> +I took not away their honour, and I granted naught to their greed;<BR> +While those who were rich in power, who in wealth were glorious +and great,<BR> +I bethought me that naught should befall them unworthy their +splendour and state;<BR> +So I stood with my shield outstretched, and both were safe in +its sight,<BR> +And I would not that either should triumph, when the triumph was +not with right. +</P> + +<BR> + +<P> +Again he declares how the mass of the people ought to be treated: +</P> + +<P CLASS="poem"> +But thus will the people best the voice of their leaders obey,<BR> +When neither too slack is the rein, nor violence holdeth the sway;<BR> +For indulgence breedeth a child, the presumption that spurns control,<BR> +When riches too great are poured upon men of unbalanced soul.<BR> +</P> + +<P CLASS="noindent"> +And again elsewhere he speaks about the persons who wished to +redistribute the land: +</P> + +<P CLASS="poem"> +So they came in search of plunder, and their cravings knew no bound,<BR> +Every one among them deeming endless wealth would here be found.<BR> +And that I with glozing smoothness hid a cruel mind within.<BR> +Fondly then and vainly dreamt they; now they raise an angry din,<BR> +And they glare askance in anger, and the light within their eyes<BR> +Burns with hostile flames upon me. Yet therein no justice lies.<BR> +All I promised, fully wrought I with the gods at hand to cheer,<BR> +Naught beyond in folly ventured. Never to my soul was dear<BR> +With a tyrant's force to govern, nor to see the good and base<BR> +Side by side in equal portion share the rich home of our race.<BR> +</P> + +<BR> + +<P> +Once more he speaks of the abolition of debts and of those who before +were in servitude, but were released owing to the Seisachtheia: +</P> + +<P CLASS="poem"> +Of all the aims for which I summoned forth<BR> +The people, was there one I compassed not?<BR> +Thou, when slow time brings justice in its train,<BR> +O mighty mother of the Olympian gods,<BR> +Dark Earth, thou best canst witness, from whose breast<BR> +I swept the pillars broadcast planted there,<BR> +And made thee free, who hadst been slave of yore.<BR> +And many a man whom fraud or law had sold<BR> +For from his god-built land, an outcast slave,<BR> +I brought again to Athens; yea, and some,<BR> +Exiles from home through debt's oppressive load,<BR> +Speaking no more the dear ATHENIAN tongue,<BR> +But wandering far and wide, I brought again;<BR> +</P> + +<P CLASS="poem"> +And those that here in vilest slavery<BR> +Crouched 'neath a master's frown, I set them free.<BR> +Thus might and right were yoked in harmony,<BR> +Since by the force of law I won my ends<BR> +And kept my promise. Equal laws I gave<BR> +To evil and to good, with even hand<BR> +Drawing straight justice for the lot of each.<BR> +But had another held the goad as<BR> +One in whose heart was guile and greediness,<BR> +He had not kept the people back from strife.<BR> +For had I granted, now what pleased the one,<BR> +Then what their foes devised in counterpoise,<BR> +Of many a man this state had been bereft.<BR> +Therefore I showed my might on every side,<BR> +Turning at bay like wolf among the hounds.<BR> +</P> + +<BR> + +<P> +And again he reviles both parties for their grumblings in the times +that followed: +</P> + +<P CLASS="poem"> +Nay, if one must lay blame where blame is due,<BR> +Wer't not for me, the people ne'er had set<BR> +Their eyes upon these blessings e'en in dreams:<BR> +While greater men, the men of wealthier life,<BR> +Should praise me and should court me as their friend.<BR> +</P> + +<P CLASS="noindent"> +For had any other man, he says, received this exalted post, +</P> + +<P CLASS="poem"> +He had not kept the people back, nor ceased<BR> +Til he had robbed the richness of the milk.<BR> +But I stood forth a landmark in the midst,<BR> +And barred the foes from battle. +</P> + +<BR><BR><BR> + +<A NAME="part13"></A> +<H3 ALIGN="center"> +Part 13 +</H3> + +<P> +Such then, were Solon's reasons for his departure from the country. +After his retirement the city was still torn by divisions. For four +years, indeed, they lived in peace; but in the fifth year after Solon's +government they were unable to elect an Archon on account of their +dissensions, and again four years later they elected no Archon for the +same reason. Subsequently, after a similar period had elapsed, Damasias +was elected Archon; and he governed for two years and two months, until +he was forcibly expelled from his office. After this, it was agreed, as +a compromise, to elect ten Archons, five from the Eupatridae, three +from the Agroeci, and two from the Demiurgi, and they ruled for the +year following Damasias. It is clear from this that the Archon was at +the time the magistrate who possessed the greatest power, since it is +always in connexion with this office that conflicts are seen to arise. +But altogether they were in a continual state of internal disorder. +Some found the cause and justification of their discontent in the +abolition of debts, because thereby they had been reduced to poverty; +others were dissatisfied with the political constitution, because it +had undergone a revolutionary change; while with others the motive was +found in personal rivalries among themselves. The parties at this time +were three in number. First there was the party of the Shore, led by +Megacles the son of Alcmeon, which was considered to aim at a moderate +form of government; then there were the men of the Plain, who desired +an oligarchy and were led by Lycurgus; and thirdly there were the men +of the Highlands, at the head of whom was Pisistratus, who was looked +on as an extreme democrat. This latter party was reinforced by those +who had been deprived of the debts due to them, from motives of +poverty, and by those who were not of pure descent, from motives of +personal apprehension. A proof of this is seen in the fact that after +the tyranny was overthrown a revision was made of the citizen-roll, on +the ground that many persons were partaking in the franchise without +having a right to it. The names given to the respective parties were +derived from the districts in which they held their lands. +</P> + +<BR><BR><BR> + +<A NAME="part14"></A> +<H3 ALIGN="center"> +Part 14 +</H3> + +<P> +Pisistratus had the reputation of being an extreme democrat, and he +also had distinguished himself greatly in the war with Megara. Taking +advantage of this, he wounded himself, and by representing that his +injuries had been inflicted on him by his political rivals, he +persuaded the people, through a motion proposed by Aristion, to grant +him a bodyguard. After he had got these 'club-bearers', as they were +called, he made an attack with them on the people and seized the +Acropolis. This happened in the archonship of Comeas, thirty-one years +after the legislation of Solon. It is related that, when Pisistratus +asked for his bodyguard, Solon opposed the request, and declared that +in so doing he proved himself wiser than half the people and braver +than the rest,--wiser than those who did not see that Pisistratus +designed to make himself tyrant, and braver than those who saw it and +kept silence. But when all his words availed nothing he carried forth +his armour and set it up in front of his house, saying that he had +helped his country so far as lay in his power (he was already a very +old man), and that he called on all others to do the same. Solon's +exhortations, however, proved fruitless, and Pisistratus assumed the +sovereignty. His administration was more like a constitutional +government than the rule of a tyrant; but before his power was firmly +established, the adherents of Megacles and Lycurgus made a coalition +and drove him out. This took place in the archonship of Hegesias, five +years after the first establishment of his rule. Eleven years later +Megacles, being in difficulties in a party struggle, again opened +negotiations with Pisistratus, proposing that the latter should marry +his daughter; and on these terms he brought him back to Athens, by a +very primitive and simple-minded device. He first spread abroad a +rumour that Athens was bringing back Pisistratus, and then, having +found a woman of great stature and beauty, named Phye (according to +Herodotus, of the deme of Paeania, but as others say a Thracian +flower-seller of the deme of Collytus), he dressed her in a garb +resembling that of the goddess and brought her into the city with +Pisistratus. The latter drove in on a chariot with the woman beside +him, and the inhabitants of the city, struck with awe, received him +with adoration. +</P> + +<BR><BR><BR> + +<A NAME="part15"></A> +<H3 ALIGN="center"> +Part 15 +</H3> + +<P> +In this manner did his first return take place. He did not, however, +hold his power long, for about six years after his return he was again +expelled. He refused to treat the daughter of Megacles as his wife, and +being afraid, in consequence, of a combination of the two opposing +parties, he retired from the country. First he led a colony to a place +called Rhaicelus, in the region of the Thermaic gulf; and thence he +passed to the country in the neighbourhood of Mt. Pangaeus. Here he +acquired wealth and hired mercenaries; and not till ten years had +elapsed did he return to Eretria and make an attempt to recover the +government by force. In this he had the assistance of many allies, +notably the Thebans and Lygdamis of Naxos, and also the Knights who +held the supreme power in the constitution of Eretria. After his +victory in the battle at Pallene he captured Athens, and when he had +disarmed the people he at last had his tyranny securely established, +and was able to take Naxos and set up Lygdamis as ruler there. He +effected the disarmament of the people in the following manner. He +ordered a parade in full armour in the Theseum, and began to make a +speech to the people. He spoke for a short time, until the people +called out that they could not hear him, whereupon he bade them come up +to the entrance of the Acropolis, in order that his voice might be +better heard. Then, while he continued to speak to them at great +length, men whom he had appointed for the purpose collected the arms +and locked them up in the chambers of the Theseum hard by, and came and +made a signal to him that it was done. Pisistratus accordingly, when he +had finished the rest of what he had to say, told the people also what +had happened to their arms; adding that they were not to be surprised +or alarmed, but go home and attend to their private affairs, while he +would himself for the future manage all the business of the state. +</P> + +<BR><BR><BR> + +<A NAME="part16"></A> +<H3 ALIGN="center"> +Part 16 +</H3> + +<P> +Such was the origin and such the vicissitudes of the tyranny of +Pisistratus. His administration was temperate, as has been said before, +and more like constitutional government than a tyranny. Not only was he +in every respect humane and mild and ready to forgive those who +offended, but, in addition, he advanced money to the poorer people to +help them in their labours, so that they might make their living by +agriculture. In this he had two objects, first that they might not +spend their time in the city but might be scattered over all the face +of the country, and secondly that, being moderately well off and +occupied with their own business, they might have neither the wish nor +the time to attend to public affairs. At the same time his revenues +were increased by the thorough cultivation of the country, since he +imposed a tax of one tenth on all the produce. For the same reasons he +instituted the local justices, and often made expeditions in person +into the country to inspect it and to settle disputes between +individuals, that they might not come into the city and neglect their +farms. It was in one of these progresses that, as the story goes, +Pisistratus had his adventure with the man of Hymettus, who was +cultivating the spot afterwards known as 'Tax-free Farm'. He saw a man +digging and working at a very stony piece of ground, and being +surprised he sent his attendant to ask what he got out of this plot of +land. 'Aches and pains', said the man; 'and that's what Pisistratus +ought to have his tenth of'. The man spoke without knowing who his +questioner was; but Pisistratus was so pleased with his frank speech and +his industry that he granted him exemption from all taxes. And so in +matters in general he burdened the people as little as possible with +his government, but always cultivated peace and kept them in all +quietness. Hence the tyranny of Pisistratus was often spoken of +proverbially as 'the age of gold'; for when his sons succeeded him the +government became much harsher. But most important of all in this +respect was his popular and kindly disposition. In all things he was +accustomed to observe the laws, without giving himself any exceptional +privileges. Once he was summoned on a charge of homicide before the +Areopagus, and he appeared in person to make his defence; but the +prosecutor was afraid to present himself and abandoned the case. For +these reasons he held power long, and whenever he was expelled he +regained his position easily. The majority alike of the upper class and +of the people were in his favour; the former he won by his social +intercourse with them, the latter by the assistance which he gave to +their private purses, and his nature fitted him to win the hearts of +both. Moreover, the laws in reference to tyrants at that time in force +at Athens were very mild, especially the one which applies more +particularly to the establishment of a tyranny. The law ran as follows: +'These are the ancestral statutes of the ATHENIANs; if any persons +shall make an attempt to establish a tyranny, or if any person shall +join in setting up a tyranny, he shall lose his civic rights, both +himself and his whole house.' +</P> + +<BR><BR><BR> + +<A NAME="part17"></A> +<H3 ALIGN="center"> +Part 17 +</H3> + +<P> +Thus did Pisistratus grow old in the possession of power, and he died a +natural death in the archonship of Philoneos, three and thirty years +from the time at which he first established himself as tyrant, during +nineteen of which he was in possession of power; the rest he spent in +exile. It is evident from this that the story is mere gossip which +states that Pisistratus was the youthful favourite of Solon and +commanded in the war against Megara for the recovery of Salamis. It +will not harmonize with their respective ages, as any one may see who +will reckon up the years of the life of each of them, and the dates at +which they died. After the death of Pisistratus his sons took up the +government, and conducted it on the same system. He had two sons by his +first and legitimate wife, Hippias and Hipparchus, and two by his +Argive consort, Iophon and Hegesistratus, who was surnamed Thessalus. +For Pisistratus took a wife from Argos, Timonassa, the daughter of a +man of Argos, named Gorgilus; she had previously been the wife of +Archinus of Ambracia, one of the descendants of Cypselus. This was the +origin of his friendship with the Argives, on account of which a +thousand of them were brought over by Hegesistratus and fought on his +side in the battle at Pallene. Some authorities say that this marriage +took place after his first expulsion from Athens, others while he was +in possession of the government. +</P> + +<BR><BR><BR> + +<A NAME="part18"></A> +<H3 ALIGN="center"> +Part 18 +</H3> + +<P> +Hippias and Hipparchus assumed the control of affairs on grounds alike +of standing and of age; but Hippias, as being also naturally of a +statesmanlike and shrewd disposition, was really the head of the +government. Hipparchus was youthful in disposition, amorous, and fond +of literature (it was he who invited to Athens Anacreon, Simonides, and +the other poets), while Thessalus was much junior in age, and was +violent and headstrong in his behaviour. It was from his character that +all the evils arose which befell the house. He became enamoured of +Harmodius, and, since he failed to win his affection, he lost all +restraint upon his passion, and in addition to other exhibitions of +rage he finally prevented the sister of Harmodius from taking the part +of a basket-bearer in the Panathenaic procession, alleging as his +reason that Harmodius was a person of loose life. Thereupon, in a +frenzy of wrath, Harmodius and Aristogeiton did their celebrated deed, +in conjunction with a number of confederates. But while they were lying +in wait for Hippias in the Acropolis at the time of the Panathenaea +(Hippias, at this moment, was awaiting the arrival of the procession, +while Hipparchus was organizing its dispatch) they saw one of the +persons privy to the plot talking familiarly with him. Thinking that he +was betraying them, and desiring to do something before they were +arrested, they rushed down and made their attempt without waiting for +the rest of their confederates. They succeeded in killing Hipparchus +near the Leocoreum while he was engaged in arranging the procession, +but ruined the design as a whole; of the two leaders, Harmodius was +killed on the spot by the guards, while Aristogeiton was arrested, and +perished later after suffering long tortures. While under the torture +he accused many persons who belonged by birth to the most distinguished +families and were also personal friends of the tyrants. At first the +government could find no clue to the conspiracy; for the current story, +that Hippias made all who were taking part in the procession leave +their arms, and then detected those who were carrying secret daggers, +cannot be true, since at that time they did not bear arms in the +processions, this being a custom instituted at a later period by the +democracy. According to the story of the popular party, Aristogeiton +accused the friends of the tyrants with the deliberate intention that +the latter might commit an impious act, and at the same time weaken +themselves, by putting to death innocent men who were their own +friends; others say that he told no falsehood, but was betraying the +actual accomplices. At last, when for all his efforts he could not +obtain release by death, he promised to give further information +against a number of other persons; and, having induced Hippias to give +him his hand to confirm his word, as soon as he had hold of it he +reviled him for giving his hand to the murderer of his brother, till +Hippias, in a frenzy of rage, lost control of himself and snatched out +his dagger and dispatched him. +</P> + +<BR><BR><BR> + +<A NAME="part19"></A> +<H3 ALIGN="center"> +Part 19 +</H3> + +<P> +After this event the tyranny became much harsher. In consequence of his +vengeance for his brother, and of the execution and banishment of a +large number of persons, Hippias became a distrusted and an embittered +man. About three years after the death of Hipparchus, finding his +position in the city insecure, he set about fortifying Munichia, with +the intention of establishing himself there. While he was still +engaged on this work, however, he was expelled by Cleomenes, king of +Lacedaemon, in consequence of the Spartans being continually incited by +oracles to overthrow the tyranny. These oracles were obtained in the +following way. The Athenian exiles, headed by the Alcmeonidae, could +not by their own power effect their return, but failed continually in +their attempts. Among their other failures, they fortified a post in +Attica, Lipsydrium, above Mt. Parnes, and were there joined by some +partisans from the city; but they were besieged by the tyrants and +reduced to surrender. After this disaster the following became a +popular drinking song: +</P> + +<P CLASS="poem"> +Ah! Lipsydrium, faithless friend!<BR> +Lo, what heroes to death didst send,<BR> +Nobly born and great in deed!<BR> +Well did they prove themselves at need<BR> +Of noble sires a noble seed.<BR> +</P> + +<BR> + +<P> +Having failed, then, in every other method, they took the contract for +rebuilding the temple at Delphi, thereby obtaining ample funds, which +they employed to secure the help of the Lacedaemonians. All this time +the Pythia kept continually enjoining on the Lacedaemonians who came to +consult the oracle, that they must free Athens; till finally she +succeeded in impelling the Spartans to that step, although the house of +Pisistratus was connected with them by ties of hospitality. The +resolution of the Lacedaemonians was, however, at least equally due to +the friendship which had been formed between the house of Pisistratus +and Argos. Accordingly they first sent Anchimolus by sea at the head of +an army; but he was defeated and killed, through the arrival of Cineas +of Thessaly to support the sons of Pisistratus with a force of a +thousand horsemen. Then, being roused to anger by this disaster, they +sent their king, Cleomenes, by land at the head of a larger force; and +he, after defeating the Thessalian cavalry when they attempted to +intercept his march into Attica, shut up Hippias within what was known +as the Pelargic wall and blockaded him there with the assistance of the +Athenians. While he was sitting down before the place, it so happened +that the sons of the Pisistratidae were captured in an attempt to slip +out; upon which the tyrants capitulated on condition of the safety of +their children, and surrendered the Acropolis to the Athenians, five +days being first allowed them to remove their effects. This took place +in the archonship of Harpactides, after they had held the tyranny for +about seventeen years since their father's death, or in all, including +the period of their father's rule, for nine-and-forty years. +</P> + +<BR><BR><BR> + +<A NAME="part20"></A> +<H3 ALIGN="center"> +Part 20 +</H3> + +<P> +After the overthrow of the tyranny, the rival leaders in the state were +Isagoras son of Tisander, a partisan of the tyrants, and Cleisthenes, +who belonged to the family of the Alcmeonidae. Cleisthenes, being +beaten in the political clubs, called in the people by giving the +franchise to the masses. Thereupon Isagoras, finding himself left +inferior in power, invited Cleomenes, who was united to him by ties of +hospitality, to return to Athens, and persuaded him to 'drive out the +pollution', a plea derived from the fact that the Alcmeonidae were +suppposed to be under the curse of pollution. On this Cleisthenes +retired from the country, and Cleomenes, entering Attica with a small +force, expelled, as polluted, seven hundred Athenian families. Having +effected this, he next attempted to dissolve the Council, and to set up +Isagoras and three hundred of his partisans as the supreme power in the +state. The Council, however, resisted, the populace flocked together, +and Cleomenes and Isagoras, with their adherents, took refuge in the +Acropolis. Here the people sat down and besieged them for two days; and +on the third they agreed to let Cleomenes and all his followers depart, +while they summoned Cleisthenes and the other exiles back to Athens. +When the people had thus obtained the command of affairs, Cleisthenes +was their chief and popular leader. And this was natural; for the +Alcmeonidae were perhaps the chief cause of the expulsion of the +tyrants, and for the greater part of their rule were at perpetual war +with them. But even earlier than the attempts of the Alcmeonidae, one +Cedon made an attack on the tyrants; when there came another popular +drinking song, addressed to him: +</P> + +<P CLASS="poem"> +Pour a health yet again, boy, to Cedon; forget not this duty to do,<BR> +If a health is an honour befitting the name of a good man and true. +</P> + +<BR><BR><BR> + +<A NAME="part21"></A> +<H3 ALIGN="center"> +Part 21 +</H3> + +<P> +The people, therefore, had good reason to place confidence in +Cleisthenes. Accordingly, now that he was the popular leader, three +years after the expulsion of the tyrants, in the archonship of +Isagoras, his first step was to distribute the whole population into +ten tribes in place of the existing four, with the object of +intermixing the members of the different tribes, and so securing that +more persons might have a share in the franchise. From this arose the +saying 'Do not look at the tribes', addressed to those who wished to +scrutinize the lists of the old families. Next he made the Council to +consist of five hundred members instead of four hundred, each tribe now +contributing fifty, whereas formerly each had sent a hundred. The +reason why he did not organize the people into twelve tribes was that +he might not have to use the existing division into trittyes; for the +four tribes had twelve trittyes, so that he would not have achieved his +object of redistributing the population in fresh combinations. Further, +he divided the country into thirty groups of demes, ten from the +districts about the city, ten from the coast, and ten from the +interior. These he called trittyes; and he assigned three of them by +lot to each tribe, in such a way that each should have one portion in +each of these three localities. All who lived in any given deme he +declared fellow-demesmen, to the end that the new citizens might not be +exposed by the habitual use of family names, but that men might be +officially described by the names of their demes; and accordingly it is +by the names of their demes that the Athenians speak of one another. He +also instituted Demarchs, who had the same duties as the previously +existing Naucrari,--the demes being made to take the place of the +naucraries. He gave names to the demes, some from the localities to +which they belonged, some from the persons who founded them, since some +of the areas no longer corresponded to localities possessing names. On +the other hand he allowed every one to retain his family and clan and +religious rites according to ancestral custom. The names given to the +tribes were the ten which the Pythia appointed out of the hundred +selected national heroes. +</P> + +<BR><BR><BR> + +<A NAME="part22"></A> +<H3 ALIGN="center"> +Part 22 +</H3> + +<P> +By these reforms the constitution became much more democratic than that +of Solon. The laws of Solon had been obliterated by disuse during the +period of the tyranny, while Cleisthenes substituted new ones with the +object of securing the goodwill of the masses. Among these was the law +concerning ostracism. Four years after the establishment of this system, +in the archonship of Hermocreon, they first imposed upon the Council of +Five Hundred the oath which they take to the present day. Next they +began to elect the generals by tribes, one from each tribe, while the +Polemarch was the commander of the whole army. Then, eleven years +later, in the archonship of Phaenippus they won the battle of Marathon; +and two years after this victory, when the people had now gained +self-confidence, they for the first time made use of the law of +ostracism. This had originally been passed as a precaution against men +in high office, because Pisistratus took advantage of his position as a +popular leader and general to make himself tyrant; and the first person +ostracized was one of his relatives, Hipparchus son of Charmus, of the +deme of Collytus, the very person on whose account especially +Cleisthenes had enacted the law, as he wished to get rid of him. +Hitherto, however, he had escaped; for the Athenians, with the usual +leniency of the democracy, allowed all the partisans of the tyrants, +who had not joined in their evil deeds in the time of the troubles to +remain in the city; and the chief and leader of these was Hipparchus. +Then in the very next year, in the archonship of Telesinus, they for +the first time since the tyranny elected, tribe by tribe, the nine +Archons by lot out of the five hundred candidates selected by the +demes, all the earlier ones having been elected by vote; and in the +same year Megacles son of Hippocrates, of the deme of Alopece, was +ostracized. Thus for three years they continued to ostracize the +friends of the tyrants, on whose account the law had been passed; but +in the following year they began to remove others as well, including +any one who seemed to be more powerful than was expedient. The first +person unconnected with the tyrants who was ostracized was Xanthippus +son of Ariphron. Two years later, in the archonship of Nicodemus, the +mines of Maroneia were discovered, and the state made a profit of a +hundred talents from the working of them. Some persons advised the +people to make a distribution of the money among themselves, but this +was prevented by Themistocles. He refused to say on what he proposed to +spend the money, but he bade them lend it to the hundred richest men in +Athens, one talent to each, and then, if the manner in which it was +employed pleased the people, the expenditure should be charged to the +state, but otherwise the state should receive the sum back from those +to whom it was lent. On these terms he received the money and with it +he had a hundred triremes built, each of the hundred individuals +building one; and it was with these ships that they fought the battle +of Salamis against the barbarians. About this time Aristides the son of +Lysimachus was ostracized. Three years later, however, in the +archonship of Hypsichides, all the ostracized persons were recalled, on +account of the advance of the army of Xerxes; and it was laid down for +the future that persons under sentence of ostracism must live between +Geraestus and Scyllaeum, on pain of losing their civic rights +irrevocably. +</P> + +<BR><BR><BR> + +<A NAME="part23"></A> +<H3 ALIGN="center"> +Part 23 +</H3> + +<P> +So far, then, had the city progressed by this time, growing gradually +with the growth of the democracy; but after the Persian wars the +Council of Areopagus once more developed strength and assumed the +control of the state. It did not acquire this supremacy by virtue of +any formal decree, but because it had been the cause of the battle of +Salamis being fought. When the generals were utterly at a loss how to +meet the crisis and made proclamation that every one should see to his +own safety, the Areopagus provided a donation of money, distributing +eight drachmas to each member of the ships' crews, and so prevailed on +them to go on board. On these grounds people bowed to its prestige; and +during this period Athens was well administered. At this time they +devoted themselves to the prosecution of the war and were in high +repute among the Greeks, so that the command by sea was conferred upon +them, in spite of the opposition of the Lacedaemonians. The leaders of +the people during this period were Aristides, of Lysimachus, and +Themistocles, son of Lysimachus, and Themistocles, son of Neocles, of +whom the latter appeared to devote himself to the conduct of war, while +the former had the reputation of being a clever statesman and the most +upright man of his time. Accordingly the one was usually employed as +general, the other as political adviser. The rebuilding of the +fortifications they conducted in combination, although they were +political opponents; but it was Aristides who, seizing the opportunity +afforded by the discredit brought upon the Lacedaemonians by Pausanias, +guided the public policy in the matter of the defection of the Ionian +states from the alliance with Sparta. It follows that it was he who +made the first assessment of tribute from the various allied states, +two years after the battle of Salamis, in the archonship of +Timosthenes; and it was he who took the oath of offensive and defensive +alliance with the Ionians, on which occasion they cast the masses of +iron into the sea. +</P> + +<BR><BR><BR> + +<A NAME="part24"></A> +<H3 ALIGN="center"> +Part 24 +</H3> + +<P> +After this, seeing the state growing in confidence and much wealth +accumulated, he advised the people to lay hold of the leadership of the +league, and to quit the country districts and settle in the city. He +pointed out to them that all would be able to gain a living there, some +by service in the army, others in the garrisons, others by taking a +part in public affairs; and in this way they would secure the +leadership. This advice was taken; and when the people had assumed the +supreme control they proceeded to treat their allies in a more +imperious fashion, with the exception of the Chians, Lesbians, and +Samians. These they maintained to protect their empire, leaving their +constitutions untouched, and allowing them to retain whatever dominion +they then possessed. They also secured an ample maintenance for the +mass of the population in the way which Aristides had pointed out to +them. Out of the proceeds of the tributes and the taxes and the +contributions of the allies more than twenty thousand persons were +maintained. There were 6,000 jurymen, 1,600 bowmen, 1,200 Knights, 500 +members of the Council, 500 guards of the dockyards, besides fifty +guards in the Acropolis. There were some 700 magistrates at home, and +some 700 abroad. Further, when they subsequently went to war, there +were in addition 2,500 heavy-armed troops, twenty guard-ships, and +other ships which collected the tributes, with crews amounting to 2,000 +men, selected by lot; and besides these there were the persons +maintained at the Prytaneum, and orphans, and gaolers, since all these +were supported by the state. +</P> + +<BR><BR><BR> + +<A NAME="part25"></A> +<H3 ALIGN="center"> +Part 25 +</H3> + +<P> +Such was the way in which the people earned their livelihood. The +supremacy of the Areopagus lasted for about seventeen years after the +Persian wars, although gradually declining. But as the strength of the +masses increased, Ephialtes, son of Sophonides, a man with a reputation +for incorruptibility and public virtue, who had become the leader of +the people, made an attack upon that Council. First of all he ruined +many of its members by bringing actions against them with reference to +their administration. Then, in the archonship of Conon, he stripped the +Council of all the acquired prerogatives from which it derived its +guardianship of the constitution, and assigned some of them to the +Council of Five Hundred, and others to the Assembly and the law-courts. +In this revolution he was assisted by Themistocles, who was himself a +member of the Areopagus, but was expecting to be tried before it on a +charge of treasonable dealings with Persia. This made him anxious that +it should be overthrown, and accordingly he warned Ephialtes that the +Council intended to arrest him, while at the same time he informed the +Areopagites that he would reveal to them certain persons who were +conspiring to subvert the constitution. He then conducted the +representatives delegated by the Council to the residence of Ephialtes, +promising to show them the conspirators who assembled there, and +proceeded to converse with them in an earnest manner. Ephialtes, seeing +this, was seized with alarm and took refuge in suppliant guise at the +altar. Every one was astounded at the occurrence, and presently, when +the Council of Five Hundred met, Ephialtes and Themistocles together +proceeded to denounce the Areopagus to them. This they repeated in +similar fashion in the Assembly, until they succeeded in depriving it +of its power. Not long afterwards, however, Ephialtes was assassinated +by Aristodicus of Tanagra. In this way was the Council of Areopagus +deprived of its guardianship of the state. +</P> + +<BR><BR><BR> + +<A NAME="part26"></A> +<H3 ALIGN="center"> +Part 26 +</H3> + +<P> +After this revolution the administration of the state became more and +more lax, in consequence of the eager rivalry of candidates for popular +favour. During this period the moderate party, as it happened, had no +real chief, their leader being Cimon son of Miltiades, who was a +comparatively young man, and had been late in entering public life; and +at the same time the general populace suffered great losses by war. The +soldiers for active service were selected at that time from the roll of +citizens, and as the generals were men of no military experience, who +owed their position solely to their family standing, it continually +happened that some two or three thousand of the troops perished on an +expedition; and in this way the best men alike of the lower and the +upper classes were exhausted. Consequently in most matters of +administration less heed was paid to the laws than had formerly been +the case. No alteration, however, was made in the method of election of +the nine Archons, except that five years after the death of Ephialtes +it was decided that the candidates to be submitted to the lot for that +office might be selected from the Zeugitae as well as from the higher +classes. The first Archon from that class was Mnesitheides. Up to this +time all the Archons had been taken from the Pentacosiomedimni and +Knights, while the Zeugitae were confined to the ordinary magistracies, +save where an evasion of the law was overlooked. Four years later, in +the archonship of Lysicrates, thirty 'local justices', as they as they +were called, were re-established; and two years afterwards, in the +archonship of Antidotus, consequence of the great increase in the +number of citizens, it was resolved, on the motion of Pericles, that no +one should be admitted to the franchise who was not of citizen birth by +both parents. +</P> + +<BR><BR><BR> + +<A NAME="part27"></A> +<H3 ALIGN="center"> +Part 27 +</H3> + +<P> +After this Pericles came forward as popular leader, having first +distinguished himself while still a young man by prosecuting Cimon on +the audit of his official accounts as general. Under his auspices the +constitution became still more democratic. He took away some of the +privileges of the Areopagus, and, above all, he turned the policy of +the state in the direction of sea power, which caused the masses to +acquire confidence in themselves and consequently to take the conduct +of affairs more and more into their own hands. Moreover, forty-eight +years after the battle of Salamis, in the archonship of Pythodorus, the +Peloponnesian war broke out, during which the populace was shut up in +the city and became accustomed to gain its livelihood by military +service, and so, partly voluntarily and partly involuntarily, +determined to assume the administration of the state itself. Pericles +was also the first to institute pay for service in the law-courts, as a +bid for popular favour to counterbalance the wealth of Cimon. The +latter, having private possessions on a regal scale, not only performed +the regular public services magnificently, but also maintained a large +number of his fellow-demesmen. Any member of the deme of Laciadae could +go every day to Cimon's house and there receive a reasonable provision; +while his estate was guarded by no fences, so that any one who liked +might help himself to the fruit from it. Pericles' private property was +quite unequal to this magnificence and accordingly he took the advice +of Damonides of Oia (who was commonly supposed to be the person who +prompted Pericles in most of his measures, and was therefore +subsequently ostracized), which was that, as he was beaten in the +matter of private possessions, he should make gifts to the people from +their own property; and accordingly he instituted pay for the members +of the juries. Some critics accuse him of thereby causing a +deterioration in the character of the juries, since it was always the +common people who put themselves forward for selection as jurors, +rather than the men of better position. Moreover, bribery came into +existence after this, the first person to introduce it being Anytus, +after his command at Pylos. He was prosecuted by certain individuals +on account of his loss of Pylos, but escaped by bribing the jury. +</P> + +<BR><BR><BR> + +<A NAME="part28"></A> +<H3 ALIGN="center"> +Part 28 +</H3> + +<P> +So long, however, as Pericles was leader of the people, things went +tolerably well with the state; but when he was dead there was a great +change for the worse. Then for the first time did the people choose a +leader who was of no reputation among men of good standing, whereas up +to this time such men had always been found as leaders of the +democracy. The first leader of the people, in the very beginning of +things, was Solon, and the second was Pisistratus, both of them men of +birth and position. After the overthrow of the tyrants there was +Cleisthenes, a member of the house of the Alcmeonidae; and he had no +rival opposed to him after the expulsion of the party of Isagoras. +After this Xanthippus was the leader of the people, and Miltiades of +the upper class. Then came Themistocles and Aristides, and after them +Ephialtes as leader of the people, and Cimon son of Miltiades of the +wealthier class. Pericles followed as leader of the people, and +Thucydides, who was connected by marriage with Cimon, of the +opposition. After the death of Pericles, Nicias, who subsequently fell +in Sicily, appeared as leader of the aristocracy, and Cleon son of +Cleaenetus of the people. The latter seems, more than any one else, to +have been the cause of the corruption of the democracy by his wild +undertakings; and he was the first to use unseemly shouting and coarse +abuse on the Bema, and to harangue the people with his cloak girt up +short about him, whereas all his predecessors had spoken decently and +in order. These were succeeded by Theramenes son of Hagnon as leader of +the one party, and the lyre-maker Cleophon of the people. It was +Cleophon who first granted the two-obol donation for the theatrical +performances, and for some time it continued to be given; but then +Callicrates of Paeania ousted him by promising to add a third obol to +the sum. Both of these persons were subsequently condemned to death; +for the people, even if they are deceived for a time, in the end +generally come to detest those who have beguiled them into any unworthy +action. After Cleophon the popular leadership was occupied successively +by the men who chose to talk the biggest and pander the most to the +tastes of the majority, with their eyes fixed only on the interests of +the moment. The best statesmen at Athens, after those of early times, +seem to have been Nicias, Thucydides, and Theramenes. As to Nicias and +Thucydides, nearly every one agrees that they were not merely men of +birth and character, but also statesmen, and that they ruled the state +with paternal care. On the merits of Theramenes opinion is divided, +because it so happened that in his time public affairs were in a very +stormy state. But those who give their opinion deliberately find him, +not, as his critics falsely assert, overthrowing every kind of +constitution, but supporting every kind so long as it did not +transgress laws; thus showing that he was able, as every good citizen +should be, to live under any form of constitution, while he refused to +countenance illegality and was its constant enemy. +</P> + +<BR><BR><BR> + +<A NAME="part29"></A> +<H3 ALIGN="center"> +Part 29 +</H3> + +<P> +So long as the fortune of the war continued even, the Athenians +preserved the democracy; but after the disaster in Sicily, when the +Lacedaemonians had gained the upper hand through their alliance with +the king of Persia, they were compelled to abolish the democracy and +establish in its place the constitution of the Four Hundred. The speech +recommending this course before the vote was made by Melobius, and the +motion was proposed by Pythodorus of Anaphlystus; but the real argument +which persuaded the majority was the belief that the king of Persia was +more likely to form an alliance with them if the constitution were on +an oligarchical basis. The motion of Pythodorus was to the following +effect. The popular Assembly was to elect twenty persons, over forty +years of age, who, in conjunction with the existing ten members of the +Committee of Public Safety, after taking an oath that they would frame +such measures as they thought best for the state, should then prepare +proposals for the public safety. In addition, any other person might +make proposals, so that of all the schemes before them the people might +choose the best. Cleitophon concurred with the motion of Pythodorus, +but moved that the committee should also investigate the ancient laws +enacted by Cleisthenes when he created the democracy, in order that +they might have these too before them and so be in a position to decide +wisely; his suggestion being that the constitution of Cleisthenes was +not really democratic, but closely akin to that of Solon. When the +committee was elected, their first proposal was that the Prytanes +should be compelled to put to the vote any motion that was offered on +behalf of the public safety. Next they abolished all indictments for +illegal proposals, all impeachments and pubic prosecutions, in order +that every Athenian should be free to give his counsel on the +situation, if he chose; and they decreed that if any person imposed a +fine on any other for his acts in this respect, or prosecuted him or +summoned him before the courts, he should, on an information being laid +against him, be summarily arrested and brought before the generals, who +should deliver him to the Eleven to be put to death. After these +preliminary measures, they drew up the constitution in the following +manner. The revenues of the state were not to be spent on any purpose +except the war. All magistrates should serve without remuneration for +the period of the war, except the nine Archons and the Prytanes for the +time being, who should each receive three obols a day. The whole of the +rest of the administration was to be committed, for the period of the +war, to those Athenians who were most capable of serving the state +personally or pecuniarily, to the number of not less than five +thousand. This body was to have full powers, to the extent even of +making treaties with whomsoever they willed; and ten representatives, +over forty years of age, were to be elected from each tribe to draw up +the list of the Five Thousand, after taking an oath on a full and +perfect sacrifice. +</P> + +<BR><BR><BR> + +<A NAME="part30"></A> +<H3 ALIGN="center"> +Part 30 +</H3> + +<P> +These were the recommendations of the committee; and when they had been +ratified the Five Thousand elected from their own number a hundred +commissioners to draw up the constitution. They, on their appointment, +drew up and produced the following recommendations. There should be a +Council, holding office for a year, consisting of men over thirty years +of age, serving without pay. To this body should belong the Generals, +the nine Archons, the Amphictyonic Registrar (Hieromnemon), the +Taxiarchs, the Hipparchs, the Phylarch, the commanders of garrisons, +the Treasurers of Athena and the other gods, ten in number, the +Hellenic Treasurers (Hellenotamiae), the Treasurers of the other +non-sacred moneys, to the number of twenty, the ten Commissioners of +Sacrifices (Hieropoei), and the ten Superintendents of the mysteries. +All these were to be appointed by the Council from a larger number of +selected candidates, chosen from its members for the time being. The +other offices were all to be filled by lot, and not from the members of +the Council. The Hellenic Treasurers who actually administered the +funds should not sit with the Council. As regards the future, four +Councils were to be created, of men of the age already mentioned, and +one of these was to be chosen by lot to take office at once, while the +others were to receive it in turn, in the order decided by the lot. For +this purpose the hundred commissioners were to distribute themselves +and all the rest as equally as possible into four parts, and cast lots +for precedence, and the selected body should hold office for a year. +They were to administer that office as seemed to them best, both with +reference to the safe custody and due expenditure of the finances, and +generally with regard to all other matters to the best of their +ability. If they desired to take a larger number of persons into +counsel, each member might call in one assistant of his own choice, +subject to the same qualification of age. The Council was to sit once +every five days, unless there was any special need for more frequent +sittings. The casting of the lot for the Council was to be held by the +nine Archons; votes on divisions were to be counted by five tellers +chosen by lot from the members of the Council, and of these one was to +be selected by lot every day to act as president. These five persons +were to cast lots for precedence between the parties wishing to appear +before the Council, giving the first place to sacred matters, the +second to heralds, the third to embassies, and the fourth to all other +subjects; but matters concerning the war might be dealt with, on the +motion of the generals, whenever there was need, without balloting. +Any member of the Council who did not enter the Council-house at the +time named should be fined a drachma for each day, unless he was away +on leave of absence from the Council. +</P> + +<BR><BR><BR> + +<A NAME="part31"></A> +<H3 ALIGN="center"> +Part 31 +</H3> + +<P> +Such was the constitution which they drew up for the time to come, but +for the immediate present they devised the following scheme. There +should be a Council of Four Hundred, as in the ancient constitution, +forty from each tribe, chosen out of candidates of more than thirty +years of age, selected by the members of the tribes. This Council +should appoint the magistrates and draw up the form of oath which they +were to take; and in all that concerned the laws, in the examination of +official accounts, and in other matters generally, they might act +according to their discretion. They must, however, observe the laws +that might be enacted with reference to the constitution of the state, +and had no power to alter them nor to pass others. The generals should +be provisionally elected from the whole body of the Five Thousand, but +so soon as the Council came into existence it was to hold an +examination of military equipments, and thereon elect ten persons, +together with a secretary, and the persons thus elected should hold +office during the coming year with full powers, and should have the +right, whenever they desired it, of joining in the deliberations of the +Council. The Five thousand was also to elect a single Hipparch and ten +Phylarchs; but for the future the Council was to elect these officers +according to the regulations above laid down. No office, except those +of member of the Council and of general, might be held more than once, +either by the first occupants or by their successors. With reference to +the future distribution of the Four Hundred into the four successive +sections, the hundred commissioners must divide them whenever the time +comes for the citizens to join in the Council along with the rest. +</P> + +<BR><BR><BR> + +<A NAME="part32"></A> +<H3 ALIGN="center"> +Part 32 +</H3> + +<P> +The hundred commissioners appointed by the Five Thousand drew up the +constitution as just stated; and after it had been ratified by the +people, under the presidency of Aristomachus, the existing Council, +that of the year of Callias, was dissolved before it had completed its +term of office. It was dissolved on the fourteenth day of the month +Thargelion, and the Four Hundred entered into office on the +twenty-first; whereas the regular Council, elected by lot, ought to +have entered into office on the fourteenth of Scirophorion. Thus was +the oligarchy established, in the archonship of Callias, just about a +hundred years after the expulsion of the tyrants. The chief promoters +of the revolution were Pisander, Antiphon, and Theramenes, all of them +men of good birth and with high reputations for ability and judgement. +When, however, this constitution had been established, the Five +Thousand were only nominally selected, and the Four Hundred, together +with the ten officers on whom full powers had been conferred, occupied +the Council-house and really administered the government. They began by +sending ambassadors to the Lacedaemonians proposing a cessation of the +war on the basis of the existing position; but as the Lacedaemonians +refused to listen to them unless they would also abandon the command of +the sea, they broke off the negotiations. +</P> + +<BR><BR><BR> + +<A NAME="part33"></A> +<H3 ALIGN="center"> +Part 33 +</H3> + +<P> +For about four months the constitution of the Four Hundred lasted, and +Mnasilochus held office as Archon of their nomination for two months of +the year of Theopompus, who was Archon for the remaining ten. On the +loss of the naval battle of Eretria, however, and the revolt of the +whole of Euboea except Oreum, the indignation of the people was greater +than at any of the earlier disasters, since they drew far more supplies +at this time from Euboea than from Attica itself. Accordingly they +deposed the Four Hundred and committed the management of affairs to the +Five Thousand, consisting of persons possessing a military equipment. +At the same time they voted that pay should not be given for any public +office. The persons chiefly responsible for the revolution were +Aristocrates and Theramenes, who disapproved of the action of the Four +Hundred in retaining the direction of affairs entirely in their own +hands, and referring nothing to the Five Thousand. During this period +the constitution of the state seems to have been admirable, since it +was a time of war and the franchise was in the hands of those who +possessed a military equipment. +</P> + +<BR><BR><BR> + +<A NAME="part34"></A> +<H3 ALIGN="center"> +Part 34 +</H3> + +<P> +The people, however, in a very short time deprived the Five Thousand of +their monopoly of the government. Then, six years after the overthrow +of the Four Hundred, in the archonship of Callias of Angele, the battle of +Arginusae took place, of which the results were, first, that the ten +generals who had gained the victory were all condemned by a single +decision, owing to the people being led astray by persons who aroused +their indignation; though, as a matter of fact, some of the generals +had actually taken no part in the battle, and others were themselves +picked up by other vessels. Secondly, when the Lacedaemonians proposed +to evacuate Decelea and make peace on the basis of the existing +position, although some of the Athenians supported this proposal, the +majority refused to listen to them. In this they were led astray by +Cleophon, who appeared in the Assembly drunk and wearing his +breastplate, and prevented peace being made, declaring that he would +never accept peace unless the Lacedaemonians abandoned their claims on +all the cities allied with them. They mismanaged their opportunity +then, and in a very short time they learnt their mistake. The next +year, in the archonship of Alexias, they suffered the disaster of +Aegospotami, the consequence of which was that Lysander became master +of the city, and set up the Thirty as its governors. He did so in the +following manner. One of the terms of peace stipulated that the state +should be governed according to 'the ancient constitution'. Accordingly +the popular party tried to preserve the democracy, while that part of +the upper class which belonged to the political clubs, together with +the exiles who had returned since the peace, aimed at an oligarchy, and +those who were not members of any club, though in other respects they +considered themselves as good as any other citizens, were anxious to +restore the ancient constitution. The latter class included Archinus, +Anytus, Cleitophon, Phormisius, and many others, but their most +prominent leader was Theramenes. Lysander, however, threw his influence +on the side of the oligarchical party, and the popular Assembly was +compelled by sheer intimidation to pass a vote establishing the +oligarchy. The motion to this effect was proposed by Dracontides of +Aphidna. +</P> + +<BR><BR><BR> + +<A NAME="part35"></A> +<H3 ALIGN="center"> +Part 35 +</H3> + +<P> +In this way were the Thirty established in power, in the archonship of +Pythodorus. As soon, however, as they were masters of the city, they +ignored all the resolutions which had been passed relating to the +organization of the constitution, but after appointing a Council of +Five Hundred and the other magistrates out of a thousand selected +candidates, and associating with themselves ten Archons in Piraeus, +eleven superintendents of the prison, and three hundred 'lash-bearers' +as attendants, with the help of these they kept the city under their +own control. At first, indeed, they behaved with moderation towards the +citizens and pretended to administer the state according to the ancient +constitution. In pursuance of this policy they took down from the hill +of Areopagus the laws of Ephialtes and Archestratus relating to the +Areopagite Council; they also repealed such of the statutes of Solon as +were obscure, and abolished the supreme power of the law-courts. In +this they claimed to be restoring the constitution and freeing it from +obscurities; as, for instance, by making the testator free once for all +to leave his property as he pleased, and abolishing the existing +limitations in cases of insanity, old age, and undue female influence, +in order that no opening might be left for professional accusers. In +other matters also their conduct was similar. At first, then, they +acted on these lines, and they destroyed the professional accusers and +those mischievous and evil-minded persons who, to the great detriment +of the democracy, had attached themselves to it in order to curry +favour with it. With all of this the city was much pleased, and thought +that the Thirty were doing it with the best of motives. But so soon as +they had got a firmer hold on the city, they spared no class of +citizens, but put to death any persons who were eminent for wealth or +birth or character. Herein they aimed at removing all whom they had +reason to fear, while they also wished to lay hands on their +possessions; and in a short time they put to death not less than +fifteen hundred persons. +</P> + +<BR><BR><BR> + +<A NAME="part36"></A> +<H3 ALIGN="center"> +Part 36 +</H3> + +<P> +Theramenes, however, seeing the city thus falling into ruin, was +displeased with their proceedings, and counselled them to cease such +unprincipled conduct and let the better classes have a share in the +government. At first they resisted his advice, but when his proposals +came to be known abroad, and the masses began to associate themselves +with him, they were seized with alarm lest he should make himself the +leader of the people and destroy their despotic power. Accordingly +they drew up a list of three thousand citizens, to whom they announced +that they would give a share in the constitution. Theramenes, however, +criticized this scheme also, first on the ground that, while proposing +to give all respectable citizens a share in the constitution, they were +actually giving it only to three thousand persons, as though all merit +were confined within that number; and secondly because they were doing +two inconsistent things, since they made the government rest on the +basis of force, and yet made the governors inferior in strength to the +governed. However, they took no notice of his criticisms, and for a +long time put off the publication of the list of the Three Thousand and +kept to themselves the names of those who had been placed upon it; and +every time they did decide to publish it they proceeded to strike out +some of those who had been included in it, and insert others who had +been omitted. +</P> + +<BR><BR><BR> + +<A NAME="part37"></A> +<H3 ALIGN="center"> +Part 37 +</H3> + +<P> +Now when winter had set in, Thrasybulus and the exiles occupied Phyle, +and the force which the Thirty led out to attack them met with a +reverse. Thereupon the Thirty decided to disarm the bulk of the +population and to get rid of Theramenes; which they did in the +following way. They introduced two laws into the Council, which they +commanded it to pass; the first of them gave the Thirty absolute power +to put to death any citizen who was not included in the list of the +Three Thousand, while the second disqualified all persons from +participation in the franchise who should have assisted in the +demolition of the fort of Eetioneia, or have acted in any way against +the Four Hundred who had organized the previous oligarchy. Theramenes +had done both, and accordingly, when these laws were ratified, he +became excluded from the franchise and the Thirty had full power to put +him to death. Theramenes having been thus removed, they disarmed all +the people except the Three Thousand, and in every respect showed a +great advance in cruelty and crime. They also sent ambassadors to +Lacedaemonian to blacken the character of Theramenes and to ask for +help; and the Lacedaemonians, in answer to their appeal, sent Callibius +as military governor with about seven hundred troops, who came and +occupied the Acropolis. +</P> + +<BR><BR><BR> + +<A NAME="part38"></A> +<H3 ALIGN="center"> +Part 38 +</H3> + +<P> +These events were followed by the occupation of Munichia by the exiles +from Phyle, and their victory over the Thirty and their partisans. +After the fight the party of the city retreated, and next day they held +a meeting in the marketplace and deposed the Thirty, and elected ten +citizens with full powers to bring the war to a termination. When, +however, the Ten had taken over the government they did nothing towards +the object for which they were elected, but sent envoys to +Lacedaemonian to ask for help and to borrow money. Further, finding +that the citizens who possessed the franchise were displeased at their +proceedings, they were afraid lest they should be deposed, and +consequently, in order to strike terror into them (in which design they +succeeded), they arrested Demaretus, one of the most eminent citizens, +and put him to death. This gave them a firm hold on the government, and +they also had the support of Callibius and his Peloponnesians, together +with several of the Knights; for some of the members of this class were +the most zealous among the citizens to prevent the return of the exiles +from Phyle. When, however, the party in Piraeus and Munichia began to +gain the upper hand in the war, through the defection of the whole +populace to them, the party in the city deposed the original Ten, and +elected another Ten, consisting of men of the highest repute. Under +their administration, and with their active and zealous cooperation, +the treaty of reconciliation was made and the populace returned to the +city. The most prominent members of this board were Rhinon of Paeania +and Phayllus of Acherdus, who, even before the arrival of Pausanias, +opened negotiations with the party in Piraeus, and after his arrival +seconded his efforts to bring about the return of the exiles. For it +was Pausanias, the king of the Lacedaemonians, who brought the peace +and reconciliation to a fulfillment, in conjunction with the ten +commissioners of arbitration who arrived later from Lacedaemonian, at +his own earnest request. Rhinon and his colleagues received a vote of +thanks for the goodwill shown by them to the people, and though they +received their charge under an oligarchy and handed in their accounts +under a democracy, no one, either of the party that had stayed in the +city or of the exiles that had returned from the Piraeus, brought any +complaint against them. On the contrary, Rhinon was immediately elected +general on account of his conduct in this office. +</P> + +<BR><BR><BR> + +<A NAME="part39"></A> +<H3 ALIGN="center"> +Part 39 +</H3> + +<P> +This reconciliation was effected in the archonship of Eucleides, on the +following terms. All persons who, having remained in the city during +the troubles, were now anxious to leave it, were to be free to settle +at Eleusis, retaining their civil rights and possessing full and +independent powers of self-government, and with the free enjoyment of +their own personal property. The temple at Eleusis should be common +ground for both parties, and should be under the superintendence of the +Ceryces, and the Eumolpidae, according to primitive custom. The +settlers at Eleusis should not be allowed to enter Athens, nor the +people of Athens to enter Eleusis, except at the season of the +mysteries, when both parties should be free from these restrictions. +The secessionists should pay their share to the fund for the common +defence out of their revenues, just like all the other Athenians. If +any of the seceding party wished to take a house in Eleusis, the people +would help them to obtain the consent of the owner; but if they could +not come to terms, they should appoint three valuers on either side, +and the owner should receive whatever price they should appoint. Of +the inhabitants of Eleusis, those whom the secessionists wished to +remain should be allowed to do so. The list of those who desired to +secede should be made up within ten days after the taking of the oaths +in the case of persons already in the country, and their actual +departure should take place within twenty days; persons at present out +of the country should have the same terms allowed to them after their +return. No one who settled at Eleusis should be capable of holding any +office in Athens until he should again register himself on the roll as +a resident in the city. Trials for homicide, including all cases in +which one party had either killed or wounded another, should be +conducted according to ancestral practice. There should be a general +amnesty concerning past events towards all persons except the Thirty, +the Ten, the Eleven, and the magistrates in Piraeus; and these too +should be included if they should submit their accounts in the usual +way. Such accounts should be given by the magistrates in Piraeus before +a court of citizens rated in Piraeus, and by the magistrates in the +city before a court of those rated in the city. On these terms those +who wished to do so might secede. Each party was to repay separately +the money which it had borrowed for the war. +</P> + +<BR><BR><BR> + +<A NAME="part40"></A> +<H3 ALIGN="center"> +Part 40 +</H3> + +<P> +When the reconciliation had taken place on these terms, those who had +fought on the side of the Thirty felt considerable apprehensions, and a +large number intended to secede. But as they put off entering their +names till the last moment, as people will do, Archinus, observing +their numbers, and being anxious to retain them as citizens, cut off +the remaining days during which the list should have remained open; and +in this way many persons were compelled to remain, though they did so +very unwillingly until they recovered confidence. This is one point in +which Archinus appears to have acted in a most statesmanlike manner, +and another was his subsequent prosecution of Thrasybulus on the charge +of illegality, for a motion by which he proposed to confer the +franchise on all who had taken part in the return from Piraeus, +although some of them were notoriously slaves. And yet a third such +action was when one of the returned exiles began to violate the +amnesty, whereupon Archinus haled him to the Council and persuaded them +to execute him without trial, telling them that now they would have to +show whether they wished to preserve the democracy and abide by the +oaths they had taken; for if they let this man escape they would +encourage others to imitate him, while if they executed him they would +make an example for all to learn by. And this was exactly what +happened; for after this man had been put to death no one ever again +broke the amnesty. On the contrary, the Athenians seem, both in public +and in private, to have behaved in the most unprecedentedly admirable +and public-spirited way with reference to the preceding troubles. Not +only did they blot out all memory of former offences, but they even +repaid to the Lacedaemonians out of the public purse the money which +the Thirty had borrowed for the war, although the treaty required each +party, the party of the city and the party of Piraeus, to pay its own +debts separately. This they did because they thought it was a necessary +first step in the direction of restoring harmony; but in other states, +so far from the democratic parties making advances from their own +possessions, they are rather in the habit of making a general +redistribution of the land. A final reconciliation was made with the +secessionists at Eleusis two years after the secession, in the +archonship of Xenaenetus. +</P> + +<BR><BR><BR> + +<A NAME="part41"></A> +<H3 ALIGN="center"> +Part 41 +</H3> + +<P> +This, however, took place at a later date; at the time of which we are +speaking the people, having secured the control of the state, +established the constitution which exists at the present day. +Pythodorus was Archon at the time, but the democracy seems to have +assumed the supreme power with perfect justice, since it had effected +its own return by its own exertions. This was the eleventh change which +had taken place in the constitution of Athens. The first modification +of the primaeval condition of things was when Ion and his companions +brought the people together into a community, for then the people was +first divided into the four tribes, and the tribe-kings were created. +Next, and first after this, having now some semblance of a +constitution, was that which took place in the reign of Theseus, +consisting in a slight deviation from absolute monarchy. After this +came the constitution formed under Draco, when the first code of laws +was drawn up. The third was that which followed the civil war, in the +time of Solon; from this the democracy took its rise. The fourth was +the tyranny of Pisistratus; the fifth the constitution of Cleisthenes, +after the overthrow of the tyrants, of a more democratic character than +that of Solon. The sixth was that which followed on the Persian wars, +when the Council of Areopagus had the direction of the state. The +seventh, succeeding this, was the constitution which Aristides sketched +out, and which Ephialtes brought to completion by overthrowing the +Areopagite Council; under this the nation, misled by the demagogues, +made the most serious mistakes in the interest of its maritime empire. +The eighth was the establishment of the Four Hundred, followed by the +ninth, the restored democracy. The tenth was the tyranny of the Thirty +and the Ten. The eleventh was that which followed the return from Phyle +and Piraeus; and this has continued from that day to this, with +continual accretions of power to the masses. The democracy has made +itself master of everything and administers everything by its votes in +the Assembly and by the law-courts, in which it holds the supreme +power. Even the jurisdiction of the Council has passed into the hands +of the people at large; and this appears to be a judicious change, +since small bodies are more open to corruption, whether by actual money +or influence, than large ones. At first they refused to allow payment +for attendance at the Assembly; but the result was that people did not +attend. Consequently, after the Prytanes had tried many devices in vain +in order to induce the populace to come and ratify the votes, +Agyrrhius, in the first instance, made a provision of one obol a day, +which Heracleides of Clazomenae, nicknamed 'the king', increased to two +obols, and Agyrrhius again to three. +</P> + +<BR><BR><BR> + +<A NAME="part42"></A> +<H3 ALIGN="center"> +Part 42 +</H3> + +<P> +The present state of the constitution is as follows. The franchise is +open to all who are of citizen birth by both parents. They are enrolled +among the demesmen at the age of eighteen. On the occasion of their +enrollment the demesmen give their votes on oath, first whether the +candidates appear to be of the age prescribed by the law (if not, they +are dismissed back into the ranks of the boys), and secondly whether +the candidate is free born and of such parentage as the laws require. +Then if they decide that he is not a free man, he appeals to the +law-courts, and the demesmen appoint five of their own number to act as +accusers; if the court decides that he has no right to be enrolled, he +is sold by the state as a slave, but if he wins his case he has a right +to be enrolled among the demesmen without further question. After this +the Council examines those who have been enrolled, and if it comes to +the conclusion that any of them is less than eighteen years of age, it +fines the demesmen who enrolled him. When the youths (Ephebi) have +passed this examination, their fathers meet by their tribes, and +appoint on oath three of their fellow tribesmen, over forty years of +age, who, in their opinion, are the best and most suitable persons to +have charge of the youths; and of these the Assembly elects one from +each tribe as guardian, together with a director, chosen from the +general body of Athenians, to control the while. Under the charge of +these persons the youths first of all make the circuit of the temples; +then they proceed to Piraeus, and some of them garrison Munichia and +some the south shore. The Assembly also elects two trainers, with +subordinate instructors, who teach them to fight in heavy armour, to +use the bow and javelin, and to discharge a catapult. The guardians +receive from the state a drachma apiece for their keep, and the youths +four obols apiece. Each guardian receives the allowance for all the +members of his tribe and buys the necessary provisions for the common +stock (they mess together by tribes), and generally superintends +everything. In this way they spend the first year. The next year, after +giving a public display of their military evolutions, on the occasion +when the Assembly meets in the theatre, they receive a shield and spear +from the state; after which they patrol the country and spend their +time in the forts. For these two years they are on garrison duty, and +wear the military cloak, and during this time they are exempt from all +taxes. They also can neither bring an action at law, nor have one +brought against them, in order that they may have no excuse for +requiring leave of absence; though exception is made in cases of +actions concerning inheritances and wards of state, or of any +sacrificial ceremony connected with the family. When the two years have +elapsed they thereupon take their position among the other citizens. +Such is the manner of the enrollment of the citizens and the training +of the youths. +</P> + +<BR><BR><BR> + +<A NAME="part43"></A> +<H3 ALIGN="center"> +Part 43 +</H3> + +<P> +All the magistrates that are concerned with the ordinary routine of +administration are elected by lot, except the Military Treasurer, the +Commissioners of the Theoric fund, and the Superintendent of Springs. +These are elected by vote, and hold office from one Panathenaic +festival to the next. All military officers are also elected by vote. +</P> + +<P> +The Council of Five Hundred is elected by lot, fifty from each +tribe. Each tribe holds the office of Prytanes in turn, the order being +determined by lot; the first four serve for thirty-six days each, the +last six for thirty-five, since the reckoning is by lunar years. The +Prytanes for the time being, in the first place, mess together in the +Tholus, and receive a sum of money from the state for their +maintenance; and, secondly, they convene the meetings of the Council +and the Assembly. The Council they convene every day, unless it is a +holiday, the Assembly four times in each prytany. It is also their duty +to draw up the programme of the business of the Council and to decide +what subjects are to be dealt with on each particular day, and where the +sitting is to be held. They also draw up the programme for the meetings +of the Assembly. One of these in each prytany is called the 'sovereign' +Assembly; in this the people have to ratify the continuance of the +magistrates in office, if they are performing their duties properly, +and to consider the supply of corn and the defence of the country. On +this day, too, impeachments are introduced by those who wish to do so, +the lists of property confiscated by the state are read, and also +applications for inheritances and wards of state, so that nothing may +pass unclaimed without the cognizance of any person concerned. In the +sixth prytany, in addition to the business already stated, the question +is put to the vote whether it is desirable to hold a vote of ostracism +or not; and complaints against professional accusers, whether Athenian +or aliens domiciled in Athens, are received, to the number of not more +than three of either class, together with cases in which an individual +has made some promise to the people and has not performed it. Another +Assembly in each prytany is assigned to the hearing of petitions, and +at this meeting any one is free, on depositing the petitioner's +olive-branch, to speak to the people concerning any matter, public or +private. The two remaining meetings are devoted to all other subjects, +and the laws require them to deal with three questions connected with +religion, three connected with heralds and embassies, and three on +secular subjects. Sometimes questions are brought forward without a +preliminary vote of the Assembly to take them into consideration. +</P> + +<P> +Heralds and envoys appear first before the Prytanes, and the bearers of +dispatches also deliver them to the same officials. +</P> + +<BR><BR><BR> + +<A NAME="part44"></A> +<H3 ALIGN="center"> +Part 44 +</H3> + +<P> +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. +</P> + +<P> +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. +</P> + +<BR><BR><BR> + +<A NAME="part45"></A> +<H3 ALIGN="center"> +Part 45 +</H3> + +<P> +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. +</P> + +<P> +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 Prytanes; since a person who carries a +motion in the Assembly is liable to an action for illegal proposal on +these grounds. +</P> + +<BR><BR><BR> + +<A NAME="part46"></A> +<H3 ALIGN="center"> +Part 46 +</H3> + +<P> +The Council also superintends the triremes that are already in +existence, with their tackle and sheds, and builds new triremes or +quadriremes, whichever the Assembly votes, with tackle and sheds to +match. The Assembly appoints master-builders for the ships by vote; and +if they do not hand them over completed to the next Council, the old +Council cannot receive the customary donation--that being normally +given to it during its successor's term of office. For the building of +the triremes it appoints ten commissioners, chosen from its own +members. The Council also inspects all public buildings, and if it is +of opinion that the state is being defrauded, it reports the culprit to +the Assembly, and on condemnation hands him over to the law-courts. +</P> + +<BR><BR><BR> + +<A NAME="part47"></A> +<H3 ALIGN="center"> +Part 47 +</H3> + +<P> +The Council also co-operates with other magistrates in most of their +duties. First there are the treasurers of Athena, ten in number, +elected by lot, one from each tribe. According to the law of +Solon--which is still in force--they must be Pentacosiomedimni, but in +point of fact the person on whom the lot falls holds the office even +though he be quite a poor man. These officers take over charge of the +statue of Athena, the figures of Victory, and all the other ornaments +of the temple, together with the money, in the presence of the Council. +Then there are the Commissioners for Public Contracts (Poletae), ten in +number, one chosen by lot from each tribe, who farm out the public +contracts. They lease the mines and taxes, in conjunction with the +Military Treasurer and the Commissioners of the Theoric fund, in the +presence of the Council, and grant, to the persons indicated by the +vote of the Council, the mines which are let out by the state, +including both the workable ones, which are let for three years, and +those which are let under special agreements years. They also sell, in +the presence of the Council, the property of those who have gone into +exile from the court of the Areopagus, and of others whose goods have +been confiscated, and the nine Archons ratify the contracts. They also +hand over to the Council lists of the taxes which are farmed out for +the year, entering on whitened tablets the name of the lessee and the +amount paid. They make separate lists, first of those who have to pay +their instalments in each prytany, on ten several tablets, next of +those who pay thrice in the year, with a separate tablet for each +instalment, and finally of those who pay in the ninth prytany. They +also draw up a list of farms and dwellings which have been confiscated +and sold by order of the courts; for these too come within their +province. In the case of dwellings the value must be paid up in five +years, and in that of farms, in ten. The instalments are paid in the +ninth prytany. Further, the King-archon brings before the Council the +leases of the sacred enclosures, written on whitened tablets. These too +are leased for ten years, and the instalments are paid in the prytany; +consequently it is in this prytany that the greatest amount of money is +collected. The tablets containing the lists of the instalments are +carried into the Council, and the public clerk takes charge of them. +Whenever a payment of instalments is to be made he takes from the +pigeon-holes the precise list of the sums which are to be paid and +struck off on that day, and delivers it to the Receivers-General. The +rest are kept apart, in order that no sum may be struck off before it +is paid. +</P> + +<BR><BR><BR> + +<A NAME="part48"></A> +<H3 ALIGN="center"> +Part 48 +</H3> + +<P> +There are ten Receivers-General (Apodectae), elected by lot, one from +each tribe. These officers receive the tablets, and strike off the +instalments as they are paid, in the presence of the Council in the +Council-chamber, and give the tablets back to the public clerk. If any +one fails to pay his instalment, a note is made of it on the tablet; +and he is bound to pay double the amount of the deficiency, or, in +default, to be imprisoned. The Council has full power by the laws to +exact these payments and to inflict this imprisonment. They receive all +the instalments, therefore, on one day, and portion the money out among +the magistrates; and on the next day they bring up the report of the +apportionment, written on a wooden notice-board, and read it out in the +Council-chamber, after which they ask publicly in the Council whether +any one knows of any malpractice in reference to the apportionment, on +the part of either a magistrate or a private individual, and if any one +is charged with malpractice they take a vote on it. +</P> + +<P> +The Council also elects ten Auditors (Logistae) by lot from its own +members, to audit the accounts of the magistrates for each prytany. +They also elect one Examiner of Accounts (Euthunus) by lot from each +tribe, with two assessors (Paredri) for each examiner, whose duty it is +to sit at the ordinary market hours, each opposite the statue of the +eponymous hero of his tribe; and if any one wishes to prefer a charge, +on either public or private grounds, against any magistrate who has +passed his audit before the law-courts, within three days of his having +so passed, he enters on a whitened tablet his own name and that of the +magistrate prosecuted, together with the malpractice that is alleged +against him. He also appends his claim for a penalty of such amount as +seems to him fitting, and gives in the record to the Examiner. The +latter takes it, and if after reading it he considers it proved he +hands it over, if a private case, to the local justices who introduce +cases for the tribe concerned, while if it is a public case he enters +it on the register of the Thesmothetae. Then, if the Thesmothetae +accept it, they bring the accounts of this magistrate once more before +the law-court, and the decision of the jury stands as the final +judgement. +</P> + +<BR><BR><BR> + +<A NAME="part49"></A> +<H3 ALIGN="center"> +Part 49 +</H3> + +<P> +The Council also inspects the horses belonging to the state. If a man +who has a good horse is found to keep it in bad condition, he is +mulcted in his allowance of corn; while those which cannot keep up or +which shy and will not stand steady, it brands with a wheel on the jaw, +and the horse so marked is disqualified for service. It also inspects +those who appear to be fit for service as scouts, and any one whom it +rejects is deprived of his horse. It also examines the infantry who +serve among the cavalry, and any one whom it rejects ceases to receive +his pay. The roll of the cavalry is drawn up by the Commissioners of +Enrolment (Catalogeis), ten in number, elected by the Assembly by open +vote. They hand over to the Hipparchs and Phylarchs the list of those +whom they have enrolled, and these officers take it and bring it up +before the Council, and there open the sealed tablet containing the +names of the cavalry. If any of those who have been on the roll +previously make affidavit that they are physically incapable of cavalry +service, they strike them out; then they call up the persons newly +enrolled, and if any one makes affidavit that he is either physically +or pecuniarily incapable of cavalry service they dismiss him, but if no +such affidavit is made the Council vote whether the individual in +question is suitable for the purpose or not. If they vote in the +affirmative his name is entered on the tablet; if not, he is dismissed +with the others. +</P> + +<P> +Formerly the Council used to decide on the plans for public buildings +and the contract for making the robe of Athena; but now this work is +done by a jury in the law-courts appointed by lot, since the Council +was considered to have shown favouritism in its decisions. The Council +also shares with the Military Treasurer the superintendence of the +manufacture of the images of Victory and the prizes at the Panathenaic +festival. +</P> + +<P> +The Council also examines infirm paupers; for there is a law which +provides that persons possessing less than three minas, who are so +crippled as to be unable to do any work, are, after examination by the +Council, to receive two obols a day from the state for their support. A +treasurer is appointed by lot to attend to them. +</P> + +<P> +The Council also, speaking broadly, cooperates in most of the duties of +all the other magistrates; and this ends the list of the functions of +that body. +</P> + +<BR><BR><BR> + +<A NAME="part50"></A> +<H3 ALIGN="center"> +Part 50 +</H3> + +<P> +There are ten Commissioners for Repairs of Temples, elected by lot, who +receive a sum of thirty minas from the Receivers-General, and therewith +carry out the most necessary repairs in the temples. +</P> + +<P> +There are also ten City Commissioners (Astynomi), of whom five hold +office in Piraeus and five in the city. Their duty is to see that +female flute- and harp- and lute-players are not hired at more than two +drachmas, and if more than one person is anxious to hire the same girl, +they cast lots and hire her out to the person to whom the lot falls. +They also provide that no collector of sewage shall shoot any of his +sewage within ten stradia of the walls; they prevent people from +blocking up the streets by building, or stretching barriers across +them, or making drain-pipes in mid-air with a discharge into the +street, or having doors which open outwards; they also remove the +corpses of those who die in the streets, for which purpose they have a +body of state slaves assigned to them. +</P> + +<BR><BR><BR> + +<A NAME="part51"></A> +<H3 ALIGN="center"> +Part 51 +</H3> + +<P> +Market Commissioners (Agoranomi) are elected by lot, five for Piraeus, +five for the city. Their statutory duty is to see that all articles +offered for sale in the market are pure and unadulterated. +</P> + +<P> +Commissioners of Weights and Measures (Metronomi) are elected by lot, +five for the city, and five for Piraeus. They see that sellers use fair +weights and measures. +</P> + +<P> +Formerly there were ten Corn Commissioners (Sitophylaces), elected by +lot, five for Piraeus, and five for the city; but now there are twenty +for the city and fifteen for Piraeus. Their duties are, first, to see +that the unprepared corn in the market is offered for sale at +reasonable prices, and secondly, to see that the millers sell barley +meal at a price proportionate to that of barley, and that the bakers +sell their loaves at a price proportionate to that of wheat, and of +such weight as the Commissioners may appoint; for the law requires them +to fix the standard weight. +</P> + +<P> +There are ten Superintendents of the Mart, elected by lot, whose duty +is to superintend the Mart, and to compel merchants to bring up into +the city two-thirds of the corn which is brought by sea to the Corn +Mart. +</P> + +<BR><BR><BR> + +<A NAME="part52"></A> +<H3 ALIGN="center"> +Part 52 +</H3> + +<P> +The Eleven also are appointed by lot to take care of the prisoners in +the state gaol. Thieves, kidnappers, and pickpockets are brought to +them, and if they plead guilty they are executed, but if they deny the +charge the Eleven bring the case before the law-courts; if the +prisoners are acquitted, they release them, but if not, they then +execute them. They also bring up before the law-courts the list of +farms and houses claimed as state-property; and if it is decided that +they are so, they deliver them to the Commissioners for Public +Contracts. The Eleven also bring up informations laid against +magistrates alleged to be disqualified; this function comes within +their province, but some such cases are brought up by the Thesmothetae. +</P> + +<P> +There are also five Introducers of Cases (Eisagogeis), elected by lot, +one for each pair of tribes, who bring up the 'monthly' cases to the +law-courts. 'Monthly' cases are these: refusal to pay up a dowry where +a party is bound to do so, refusal to pay interest on money borrowed at +12 per cent., or where a man desirous of setting up business in the +market has borrowed from another man capital to start with; also cases +of slander, cases arising out of friendly loans or partnerships, and +cases concerned with slaves, cattle, and the office of trierarch, or +with banks. These are brought up as 'monthly' cases and are introduced +by these officers; but the Receivers-General perform the same function +in cases for or against the farmers of taxes. Those in which the sum +concerned is not more than ten drachmas they can decide summarily, but +all above that amount they bring into the law-courts as 'monthly' cases. +</P> + +<BR><BR><BR> + +<A NAME="part53"></A> +<H3 ALIGN="center"> +Part 53 +</H3> + +<P> +The Forty are also elected by lot, four from each tribe, before whom +suitors bring all other cases. Formerly they were thirty in number, and +they went on circuit through the demes to hear causes; but after the +oligarchy of the Thirty they were increased to forty. They have full +powers to decide cases in which the amount at issue does not exceed ten +drachmas, but anything beyond that value they hand over to the +Arbitrators. The Arbitrators take up the case, and, if they cannot +bring the parties to an agreement, they give a decision. If their +decision satisfies both parties, and they abide by it, the case is at +an end; but if either of the parties appeals to the law-courts, the +Arbitrators enclose the evidence, the pleadings, and the laws quoted in +the case in two urns, those of the plaintiff in the one, and those of +the defendant in the other. These they seal up and, having attached to +them the decision of the arbitrator, written out on a tablet, place +them in the custody of the four justices whose function it is to +introduce cases on behalf of the tribe of the defendant. These officers +take them and bring up the case before the law-court, to a jury of two +hundred and one members in cases up to the value of a thousand +drachmas, or to one of four hundred and one in cases above that value. +No laws or pleadings or evidence may be used except those which were +adduced before the Arbitrator, and have been enclosed in the urns. +</P> + +<P> +The Arbitrators are persons in the sixtieth year of their age; this +appears from the schedule of the Archons and the Eponymi. There are two +classes of Eponymi, the ten who give their names to the tribes, and the +forty-two of the years of service. The youths, on being enrolled among +the citizens, were formerly registered upon whitened tablets, and the +names were appended of the Archon in whose year they were enrolled, and +of the Eponymus who had been in course in the preceding year; at the +present day they are written on a bronze pillar, which stands in front +of the Council-chamber, near the Eponymi of the tribes. Then the Forty +take the last of the Eponymi of the years of service, and assign the +arbitrations to the persons belonging to that year, casting lots to +determine which arbitrations each shall undertake; and every one is +compelled to carry through the arbitrations which the lot assigns to +him. The law enacts that any one who does not serve as Arbitrator when +he has arrived at the necessary age shall lose his civil rights, unless +he happens to be holding some other office during that year, or to be +out of the country. These are the only persons who escape the duty. Any +one who suffers injustice at the hands of the Arbitrator may appeal to +the whole board of Arbitrators, and if they find the magistrate guilty, +the law enacts that he shall lose his civil rights. The persons thus +condemned have, however, in their turn an appeal. The Eponymi are also +used in reference to military expeditions; when the men of military age +are despatched on service, a notice is put up stating that the men from +such-and-such an Archon and Eponymus to such-and-such another Archon +and Eponymus are to go on the expedition. +</P> + +<BR><BR><BR> + +<A NAME="part54"></A> +<H3 ALIGN="center"> +Part 54 +</H3> + +<P> +The following magistrates also are elected by lot: Five Commissioners +of Roads (Hodopoei), who, with an assigned body of public slaves, are +required to keep the roads in order: and ten Auditors, with ten +assistants, to whom all persons who have held any office must give in +their accounts. These are the only officers who audit the accounts of +those who are subject to examination, and who bring them up for +examination before the law-courts. If they detect any magistrate in +embezzlement, the jury condemn him for theft, and he is obliged to +repay tenfold the sum he is declared to have misappropriated. If they +charge a magistrate with accepting bribes and the jury convict him, +they fine him for corruption, and this sum too is repaid tenfold. Or if +they convict him of unfair dealing, he is fined on that charge, and the +sum assessed is paid without increase, if payment is made before the +ninth prytany, but otherwise it is doubled. A tenfold fine is not +doubled. +</P> + +<P> +The Clerk of the prytany, as he is called, is also elected by lot. He +has the charge of all public documents, and keeps the resolutions which +are passed by the Assembly, and checks the transcripts of all other +official papers and attends at the sessions of the Council. Formerly +he was elected by open vote, and the most distinguished and trustworthy +persons were elected to the post, as is known from the fact that the +name of this officer is appended on the pillars recording treaties of +alliance and grants of consulship and citizenship. Now, however, he is +elected by lot. There is, in addition, a Clerk of the Laws, elected by +lot, who attends at the sessions of the Council; and he too checks the +transcript of all the laws. The Assembly also elects by open vote a +clerk to read documents to it and to the Council; but he has no other +duty except that of reading aloud. +</P> + +<P> +The Assembly also elects by lot the Commissioners of Public Worship +(Hieropoei) known as the Commissioners for Sacrifices, who offer the +sacrifices appointed by oracle, and, in conjunction with the seers, +take the auspices whenever there is occasion. It also elects by lot ten +others, known as Annual Commissioners, who offer certain sacrifices and +administer all the quadrennial festivals except the Panathenaea. There +are the following quadrennial festivals: first that of Delos (where +there is also a sexennial festival), secondly the Brauronia, thirdly +the Heracleia, fourthly the Eleusinia, and fifthly the Panathenaea; and +no two of these are celebrated in the same place. To these the +Hephaestia has now been added, in the archonship of Cephisophon. +</P> + +<P> +An Archon is also elected by lot for Salamis, and a Demarch for +Piraeus. These officers celebrate the Dionysia in these two places, and +appoint Choregi. In Salamis, moreover, the name of the Archon is +publicly recorded. +</P> + +<BR><BR><BR> + +<A NAME="part55"></A> +<H3 ALIGN="center"> +Part 55 +</H3> + +<P> +All the foregoing magistrates are elected by lot, and their powers are +those which have been stated. To pass on to the nine Archons, as they +are called, the manner of their appointment from the earliest times has +been described already. At the present day six Thesmothetae are elected +by lot, together with their clerk, and in addition to these an Archon, +a King, and a Polemarch. One is elected from each tribe. They are +examined first of all by the Council of Five Hundred, with the +exception of the clerk. The latter is examined only in the lawcourt, +like other magistrates (for all magistrates, whether elected by lot or +by open vote, are examined before entering on their offices); but the +nine Archons are examined both in the Council and again in the +law-court. Formerly no one could hold the office if the Council +rejected him, but now there is an appeal to the law-court, which is the +final authority in the matter of the examination. When they are +examined, they are asked, first, 'Who is your father, and of what deme? +who is your father's father? who is your mother? who is your mother's +father, and of what deme?' Then the candidate is asked whether he +possesses an ancestral Apollo and a household Zeus, and where their +sanctuaries are; next if he possesses a family tomb, and where; then if +he treats his parents well, and pays his taxes, and has served on the +required military expeditions. When the examiner has put these +questions, he proceeds, 'Call the witnesses to these facts'; and when +the candidate has produced his witnesses, he next asks, 'Does any one +wish to make any accusation against this man?' If an accuser appears, +he gives the parties an opportunity of making their accusation and +defence, and then puts it to the Council to pass the candidate or not, +and to the law-court to give the final vote. If no one wishes to make +an accusation, he proceeds at once to the vote. Formerly a single +individual gave the vote, but now all the members are obliged to vote +on the candidates, so that if any unprincipled candidate has managed to +get rid of his accusers, it may still be possible for him to be +disqualified before the law-court. When the examination has been thus +completed, they proceed to the stone on which are the pieces of the +victims, and on which the Arbitrators take oath before declaring their +decisions, and witnesses swear to their testimony. On this stone the +Archons stand, and swear to execute their office uprightly and +according to the laws, and not to receive presents in respect of the +performance of their duties, or, if they do, to dedicate a golden +statue. When they have taken this oath they proceed to the Acropolis, +and there they repeat it; after this they enter upon their office. +</P> + +<BR><BR><BR> + +<A NAME="part56"></A> +<H3 ALIGN="center"> +Part 56 +</H3> + +<P> +The Archon, the King, and the Polemarch have each two assessors, +nominated by themselves. These officers are examined in the lawcourt +before they begin to act, and give in accounts on each occasion of +their acting. +</P> + +<P> +As soon as the Archon enters office, he begins by issuing a +proclamation that whatever any one possessed before he entered into +office, that he shall possess and hold until the end of his term. Next +he assigns Choregi to the tragic poets, choosing three of the richest +persons out of the whole body of Athenians. Formerly he used also to +assign five Choregi to the comic poets, but now the tribes provide the +Choregi for them. Then he receives the Choregi who have been appointed +by the tribes for the men's and boys' choruses and the comic poets at +the Dionysia, and for the men's and boys' choruses at the Thargelia (at +the Dionysia there is a chorus for each tribe, but at the Thargelia one +between two tribes, each tribe bearing its share in providing it); he +transacts the exchanges of properties for them, and reports any excuses +that are tendered, if any one says that he has already borne this +burden, or that he is exempt because he has borne a similar burden and +the period of his exemption has not yet expired, or that he is not of +the required age; since the Choregus of a boys' chorus must be over +forty years of age. He also appoints Choregi for the festival at Delos, +and a chief of the mission for the thirty-oar boat which conveys the +youths thither. He also superintends sacred processions, both that in +honour of Asclepius, when the initiated keep house, and that of the +great Dionysia--the latter in conjunction with the Superintendents of +that festival. These officers, ten in number, were formerly elected by +open vote in the Assembly, and used to provide for the expenses of the +procession out of their private means; but now one is elected by lot +from each tribe, and the state contributes a hundred minas for the +expenses. The Archon also superintends the procession at the Thargelia, +and that in honour of Zeus the Saviour. He also manages the contests at +the Dionysia and the Thargelia. +</P> + +<P> +These, then, are the festivals which he superintends. The suits and +indictments which come before him, and which he, after a preliminary +inquiry, brings up before the lawcourts, are as follows. Injury to +parents (for bringing these actions the prosecutor cannot suffer any +penalty); injury to orphans (these actions lie against their +guardians); injury to a ward of state (these lie against their +guardians or their husbands), injury to an orphan's estate (these too +lie against the guardians); mental derangement, where a party charges +another with destroying his own property through unsoundness of mind; +for appointment of liquidators, where a party refuses to divide +property in which others have a share; for constituting a wardship; for +determining between rival claims to a wardship; for granting inspection +of property to which another party lays claim; for appointing oneself +as guardian; and for determining disputes as to inheritances and wards +of state. The Archon also has the care of orphans and wards of state, +and of women who, on the death of their husbands, declare themselves to +be with child; and he has power to inflict a fine on those who offend +against the persons under his charge, or to bring the case before the +law-courts. He also leases the houses of orphans and wards of state +until they reach the age of fourteen, and takes mortgages on them; and +if the guardians fail to provide the necessary food for the children +under their charge, he exacts it from them. Such are the duties of the +Archon. +</P> + +<BR><BR><BR> + +<A NAME="part57"></A> +<H3 ALIGN="center"> +Part 57 +</H3> + +<P> +The King in the first place superintends the mysteries, in conjunction +with the Superintendents of Mysteries. The latter are elected in the +Assembly by open vote, two from the general body of Athenians, one from +the Eumolpidae, and one from the Ceryces. Next, he superintends the +Lenaean Dionysia, which consists of a procession and a contest. The +procession is ordered by the King and the Superintendents in +conjunction; but the contest is managed by the King alone. He also +manages all the contests of the torch-race; and to speak broadly, he +administers all the ancestral sacrifices. Indictments for impiety come +before him, or any disputes between parties concerning priestly rites; +and he also determines all controversies concerning sacred rites for +the ancient families and the priests. All actions for homicide come +before him, and it is he that makes the proclamation requiring polluted +persons to keep away from sacred ceremonies. Actions for homicide and +wounding are heard, if the homicide or wounding be willful, in the +Areopagus; so also in cases of killing by poison, and of arson. These +are the only cases heard by that Council. Cases of unintentional +homicide, or of intent to kill, or of killing a slave or a resident +alien or a foreigner, are heard by the court of Palladium. When the +homicide is acknowledged, but legal justification is pleaded, as when a +man takes an adulterer in the act, or kills another by mistake in +battle, or in an athletic contest, the prisoner is tried in the court +of Delphinium. If a man who is in banishment for a homicide which +admits of reconciliation incurs a further charge of killing or +wounding, he is tried in Phreatto, and he makes his defence from a boat +moored near the shore. All these cases, except those which are heard in +the Areopagus, are tried by the Ephetae on whom the lot falls. The King +introduces them, and the hearing is held within sacred precincts and in +the open air. Whenever the King hears a case he takes off his crown. +The person who is charged with homicide is at all other times excluded +from the temples, nor is it even lawful for him to enter the +market-place; but on the occasion of his trial he enters the temple and +makes his defence. If the actual offender is unknown, the writ runs +against 'the doer of the deed'. The King and the tribe-kings also hear +the cases in which the guilt rests on inanimate objects and the lower +animal. +</P> + +<BR><BR><BR> + +<A NAME="part58"></A> +<H3 ALIGN="center"> +Part 58 +</H3> + +<P> +The Polemarch performs the sacrifices to Artemis the huntress and to +Enyalius, and arranges the contest at the funeral of those who have +fallen in war, and makes offerings to the memory of Harmodius and +Aristogeiton. Only private actions come before him, namely those in +which resident aliens, both ordinary and privileged, and agents of +foreign states are concerned. It is his duty to receive these cases and +divide them into ten groups, and assign to each tribe the group which +comes to it by lot; after which the magistrates who introduce cases for +the tribe hand them over to the Arbitrators. The Polemarch, however, +brings up in person cases in which an alien is charged with deserting +his patron or neglecting to provide himself with one, and also of +inheritances and wards of state where aliens are concerned; and in +fact, generally, whatever the Archon does for citizens, the Polemarch +does for aliens. +</P> + +<BR><BR><BR> + +<A NAME="part59"></A> +<H3 ALIGN="center"> +Part 59 +</H3> + +<P> +The Thesmothetae in the first place have the power of prescribing on +what days the lawcourts are to sit, and next of assigning them to the +several magistrates; for the latter must follow the arrangement which +the Thesmothetae assign. Moreover they introduce impeachments before +the Assembly, and bring up all votes for removal from office, +challenges of a magistrate's conduct before the Assembly, indictments +for illegal proposals, or for proposing a law which is contrary to the +interests of the state, complaints against Proedri or their president +for their conduct in office, and the accounts presented by the +generals. All indictments also come before them in which a deposit has +to be made by the prosecutor, namely, indictments for concealment of +foreign origin, for corrupt evasion of foreign origin (when a man +escapes the disqualification by bribery), for blackmailing accusations, +bribery, false entry of another as a state debtor, false testimony to +the service of a summons, conspiracy to enter a man as a state debtor, +corrupt removal from the list of debtors, and adultery. They also bring +up the examinations of all magistrates, and the rejections by the demes +and the condemnations by the Council. Moreover they bring up certain +private suits in cases of merchandise and mines, or where a slave has +slandered a free man. It is they also who cast lots to assign the +courts to the various magistrates, whether for private or public cases. +They ratify commercial treaties, and bring up the cases which arise out +of such treaties; and they also bring up cases of perjury from the +Areopagus. The casting of lots for the jurors is conducted by all the +nine Archons, with the clerk to the Thesmothetae as the tenth, each +performing the duty for his own tribe. Such are the duties of the nine +Archons. +</P> + +<BR><BR><BR> + +<A NAME="part60"></A> +<H3 ALIGN="center"> +Part 60 +</H3> + +<P> +There are also ten Commissioners of Games (Athlothetae), elected by +lot, one from each tribe. These officers, after passing an examination, +serve for four years; and they manage the Panathenaic procession, the +contest in music and that in gymnastic, and the horse-race; they also +provide the robe of Athena and, in conjunction with the Council, the +vases, and they present the oil to the athletes. This oil is collected +from the sacred olives. The Archon requisitions it from the owners of +the farms on which the sacred olives grow, at the rate of +three-quarters of a pint from each plant. Formerly the state used to +sell the fruit itself, and if any one dug up or broke down one of the +sacred olives, he was tried by the Council of Areopagus, and if he was +condemned, the penalty was death. Since, however, the oil has been paid +by the owner of the farm, the procedure has lapsed, though the law +remains; and the oil is a state charge upon the property instead of +being taken from the individual plants. When, then, the Archon has +collected the oil for his year of office, he hands it over to the +Treasurers to preserve in the Acropolis, and he may not take his seat +in the Areopagus until he has paid over to the Treasurers the full +amount. The Treasurers keep it in the Acropolis until the Panathenaea, +when they measure it out to the Commissioners of Games, and they again +to the victorious competitors. The prizes for the victors in the +musical contest consist of silver and gold, for the victors in manly +vigour, of shields, and for the victors in the gymnastic contest and +the horse-race, of oil. +</P> + +<BR><BR><BR> + +<A NAME="part61"></A> +<H3 ALIGN="center"> +Part 61 +</H3> + +<P> +All officers connected with military service are elected by open vote. +In the first place, ten Generals (Strategi), who were formerly elected +one from each tribe, but now are chosen from the whole mass of +citizens. Their duties are assigned to them by open vote; one is +appointed to command the heavy infantry, and leads them if they go out +to war; one to the defence of the country, who remains on the +defensive, and fights if there is war within the borders of the +country; two to Piraeus, one of whom is assigned to Munichia, and one +to the south shore, and these have charge of the defence of the +Piraeus; and one to superintend the symmories, who nominates the +trierarchs arranges exchanges of properties for them, and brings up +actions to decide on rival claims in connexion with them. The rest are +dispatched to whatever business may be on hand at the moment. The +appointment of these officers is submitted for confirmation in each +prytany, when the question is put whether they are considered to be +doing their duty. If any officer is rejected on this vote, he is tried +in the lawcourt, and if he is found guilty the people decide what +punishment or fine shall be inflicted on him; but if he is acquitted he +resumes his office. The Generals have full power, when on active +service, to arrest any one for insubordination, or to cashier him +publicly, or to inflict a fine; the latter is, however, unusual. +</P> + +<P> +There are also ten Taxiarchs, one from each tribe, elected by open +vote; and each commands his own tribesmen and appoints captains of +companies (Lochagi). There are also two Hipparchs, elected by open vote +from the whole mass of the citizens, who command the cavalry, each +taking five tribes. They have the same powers as the Generals have in +respect of the infantry, and their appointments are also subject to +confirmation. There are also ten Phylarchs, elected by open vote, one +from each tribe, to command the cavalry, as the Taxiarchs do the +infantry. There is also a Hipparch for Lemnos, elected by open vote, +who has charge of the cavalry in Lemnos. There is also a treasurer of +the Paralus, and another of the Ammonias, similarly elected. +</P> + +<BR><BR><BR> + +<A NAME="part62"></A> +<H3 ALIGN="center"> +Part 62 +</H3> + +<P> +Of the magistrates elected by lot, in former times some including the +nine Archons, were elected out of the tribe as a whole, while others, +namely those who are now elected in the Theseum, were apportioned among +the demes; but since the demes used to sell the elections, these +magistrates too are now elected from the whole tribe, except the +members of the Council and the guards of the dockyards, who are still +left to the demes. +</P> + +<P> +Pay is received for the following services. First the members of the +Assembly receive a drachma for the ordinary meetings, and nine obols +for the 'sovereign' meeting. Then the jurors at the law-courts receive +three obols; and the members of the Council five obols. The Prytanes +receive an allowance of an obol for their maintenance. The nine Archons +receive four obols apiece for maintenance, and also keep a herald and a +flute-player; and the Archon for Salamis receives a drachma a day. The +Commissioners for Games dine in the Prytaneum during the month of +Hecatombaeon in which the Panathenaic festival takes place, from the +fourteenth day onwards. The Amphictyonic deputies to Delos receive a +drachma a day from the exchequer of Delos. Also all magistrates sent to +Samos, Scyros, Lemnos, or Imbros receive an allowance for their +maintenance. The military offices may be held any number of times, but +none of the others more than once, except the membership of the +Council, which may be held twice. +</P> + +<BR><BR><BR> + +<A NAME="part63"></A> +<H3 ALIGN="center"> +Part 63 +</H3> + +<P> +The juries for the law-courts are chosen by lot by the nine Archons, +each for their own tribe, and by the clerk to the Thesmothetae for the +tenth. There are ten entrances into the courts, one for each tribe; +twenty rooms in which the lots are drawn, two for each tribe; a hundred +chests, ten for each tribe; other chests, in which are placed the +tickets of the jurors on whom the lot falls; and two vases. Further, +staves, equal in number to the jurors required, are placed by the side +of each entrance; and counters are put into one vase, equal in number +to the staves. These are inscribed with letters of the alphabet +beginning with the eleventh (lambda), equal in number to the courts +which require to be filled. All persons above thirty years of age are +qualified to serve as jurors, provided they are not debtors to the +state and have not lost their civil rights. If any unqualified person +serves as juror, an information is laid against him, and he is brought +before the court; and, if he is convicted, the jurors assess the +punishment or fine which they consider him to deserve. If he is +condemned to a money fine, he must be imprisoned until he has paid up +both the original debt, on account of which the information was laid +against him, and also the fine which the court as imposed upon him. +Each juror has his ticket of boxwood, on which is inscribed his name, +with the name of his father and his deme, and one of the letters of the +alphabet up to kappa; for the jurors in their several tribes are +divided into ten sections, with approximately an equal number in each +letter. When the Thesmothetes has decided by lot which letters are +required to attend at the courts, the servant puts up above each court +the letter which has been assigned to it by the lot. +</P> + +<BR><BR><BR> + +<A NAME="part64"></A> +<H3 ALIGN="center"> +Part 64 +</H3> + +<P> +The ten chests above mentioned are placed in front of the entrance used +by each tribe, and are inscribed with the letters of the alphabet from +alpha to kappa. The jurors cast in their tickets, each into the chest +on which is inscribed the letter which is on his ticket; then the +servant shakes them all up, and the Archon draws one ticket from each +chest. The individual so selected is called the Ticket-hanger +(Empectes), and his function is to hang up the tickets out of his chest +on the bar which bears the same letter as that on the chest. He is +chosen by lot, lest, if the Ticket-hanger were always the same person, +he might tamper with the results. There are five of these bars in each +of the rooms assigned for the lot-drawing. Then the Archon casts in the +dice and thereby chooses the jurors from each tribe, room by room. The +dice are made of brass, coloured black or white; and according to the +number of jurors required, so many white dice are put in, one for each +five tickets, while the remainder are black, in the same proportion. As +the Archon draws out the dice, the crier calls out the names of the +individuals chosen. The Ticket-hanger is included among those selected. +Each juror, as he is chosen and answers to his name, draws a counter +from the vase, and holding it out with the letter uppermost shows it +first to the presiding Archon; and he, when he has seen it, throws the +ticket of the juror into the chest on which is inscribed the letter +which is on the counter, so that the juror must go into the court +assigned to him by lot, and not into one chosen by himself, and that it +may be impossible for any one to collect the jurors of his choice into +any particular court. For this purpose chests are placed near the +Archon, as many in number as there are courts to be filled that day, +bearing the letters of the courts on which the lot has fallen. +</P> + +<BR><BR><BR> + +<A NAME="part65"></A> +<H3 ALIGN="center"> +Part 65 +</H3> + +<P> +The juror thereupon, after showing his counter again to the attendant, +passes through the barrier into the court. The attendant gives him a +staff of the same colour as the court bearing the letter which is on +his counter, so as to ensure his going into the court assigned to him +by lot; since, if he were to go into any other, he would be betrayed by +the colour of his staff. Each court has a certain colour painted on the +lintel of the entrance. Accordingly the juror, bearing his staff, +enters the court which has the same colour as his staff, and the same +letter as his counter. As he enters, he receives a voucher from the +official to whom this duty has been assigned by lot. So with their +counters and their staves the selected jurors take their seats in the +court, having thus completed the process of admission. The unsuccessful +candidates receive back their tickets from the Ticket-hangers. The +public servants carry the chests from each tribe, one to each court, +containing the names of the members of the tribe who are in that court, +and hand them over to the officials assigned to the duty of giving back +their tickets to the jurors in each court, so that these officials may +call them up by name and pay them their fee. +</P> + +<BR><BR><BR> + +<A NAME="part66"></A> +<H3 ALIGN="center"> +Part 66 +</H3> + +<P> +When all the courts are full, two ballot boxes are placed in the first +court, and a number of brazen dice, bearing the colours of the several +courts, and other dice inscribed with the names of the presiding +magistrates. Then two of the Thesmothetae, selected by lot, severally +throw the dice with the colours into one box, and those with the +magistrates' names into the other. The magistrate whose name is first +drawn is thereupon proclaimed by the crier as assigned for duty in the +court which is first drawn, and the second in the second, and similarly +with the rest. The object of this procedure is that no one may know +which court he will have, but that each may take the court assigned to +him by lot. +</P> + +<P> +When the jurors have come in, and have been assigned to their +respective courts, the presiding magistrate in each court draws one +ticket out of each chest (making ten in all, one out of each tribe), +and throws them into another empty chest. He then draws out five of +them, and assigns one to the superintendence of the water-clock, and +the other four to the telling of the votes. This is to prevent any +tampering beforehand with either the superintendent of the clock or the +tellers of the votes, and to secure that there is no malpractice in +these respects. The five who have not been selected for these duties +receive from them a statement of the order in which the jurors shall +receive their fees, and of the places where the several tribes shall +respectively gather in the court for this purpose when their duties are +completed; the object being that the jurors may be broken up into small +groups for the reception of their pay, and not all crowd together and +impede one another. +</P> + +<BR><BR><BR> + +<A NAME="part67"></A> +<H3 ALIGN="center"> +Part 67 +</H3> + +<P> +These preliminaries being concluded, the cases are called on. If it is +a day for private cases, the private litigants are called. Four cases +are taken in each of the categories defined in the law, and the +litigants swear to confine their speeches to the point at issue. If it +is a day for public causes, the public litigants are called, and only +one case is tried. Water-clocks are provided, having small +supply-tubes, into which the water is poured by which the length of the +pleadings is regulated. Ten gallons are allowed for a case in which an +amount of more than five thousand drachmas is involved, and three for +the second speech on each side. When the amount is between one and five +thousand drachmas, seven gallons are allowed for the first speech and +two for the second; when it is less than one thousand, five and two. +Six gallons are allowed for arbitrations between rival claimants, in +which there is no second speech. The official chosen by lot to +superintend the water-clock places his hand on the supply tube whenever +the clerk is about to read a resolution or law or affidavit or treaty. +When, however, a case is conducted according to a set measurement of +the day, he does not stop the supply, but each party receives an equal +allowance of water. The standard of measurement is the length of the +days in the month Poseideon. The measured day is employed in cases +when imprisonment, death, exile, loss of civil rights, or confiscation +of goods is assigned as the penalty. +</P> + +<BR><BR><BR> + +<A NAME="part68"></A> +<H3 ALIGN="center"> +Part 68 +</H3> + +<P> +Most of the courts consist of 500 members; and when it is necessary +to bring public cases before a jury of 1,000 members, two courts +combine for the purpose, the most important cases of all are brought +1,500 jurors, or three courts. The ballot balls are made of brass with +stems running through the centre, half of them having the stem pierced +and the other half solid. When the speeches are concluded, the +officials assigned to the taking of the votes give each juror two +ballot balls, one pierced and one solid. This is done in full view of +the rival litigants, to secure that no one shall receive two pierced or +two solid balls. Then the official designated for the purpose takes +away the jurors' staves, in return for which each one as he records his +vote receives a brass voucher marked with the numeral 3 (because he +gets three obols when he gives it up). This is to ensure that all shall +vote; since no one can get a voucher unless he votes. Two urns, one of +brass and the other of wood, stand in the court, in distinct spots so +that no one may surreptitiously insert ballot balls; in these the +jurors record their votes. The brazen urn is for effective votes, the +wooden for unused votes; and the brazen urn has a lid pierced so as to +take only one ballot ball, in order that no one may put in two at a +time. +</P> + +<P> +When the jurors are about to vote, the crier demands first whether the +litigants enter a protest against any of the evidence; for no protest +can be received after the voting has begun. Then he proclaims again, +'The pierced ballot for the plaintiff, the solid for the defendant'; +and the juror, taking his two ballot balls from the stand, with his +hand closed over the stem so as not to show either the pierced or the +solid ballot to the litigants, casts the one which is to count into the +brazen urn, and the other into the wooden urn. +</P> + +<BR><BR><BR> + +<A NAME="part69"></A> +<H3 ALIGN="center"> +Part 69 +</H3> + +<P> +When all the jurors have voted, the attendants take the urn containing +the effective votes and discharge them on to a reckoning board having +as many cavities as there are ballot balls, so that the effective +votes, whether pierced or solid, may be plainly displayed and easily +counted. Then the officials assigned to the taking of the votes tell +them off on the board, the solid in one place and the pierced in +another, and the crier announces the numbers of the votes, the pierced +ballots being for the prosecutor and the solid for the defendant. +Whichever has the majority is victorious; but if the votes are equal +the verdict is for the defendant. Each juror receives two ballots, and +uses one to record his vote, and throws the other away. +</P> + +<P> +Then, if damages have to be awarded, they vote again in the same way, +first returning their pay-vouchers and receiving back their staves. +Half a gallon of water is allowed to each party for the discussion of +the damages. Finally, when all has been completed in accordance with +the law, the jurors receive their pay in the order assigned by the lot. +</P> + +<BR><BR><BR> + +<P CLASS="finis"> +THE END +</P> + +<BR><BR><BR><BR> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Athenian Constitution, by Aristotle + +*** END OF THIS PROJECT GUTENBERG EBOOK THE ATHENIAN CONSTITUTION *** + +***** This file should be named 26095-h.htm or 26095-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/6/0/9/26095/ + +Produced by Al Haines + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Athenian Constitution + +Author: Aristotle + +Translator: Frederic G. Kenyon + +Release Date: July 21, 2008 [EBook #26095] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE ATHENIAN CONSTITUTION *** + + + + +Produced by Al Haines + + + + + + + +THE ATHENIAN CONSTITUTION + + +by + +Aristotle + + +Translated by Sir Frederic G. Kenyon + + + + +Part 1 + +...[They were tried] by a court empanelled from among the noble +families, and sworn upon the sacrifices. The part of accuser was taken +by Myron. They were found guilty of the sacrilege, and their bodies +were cast out of their graves and their race banished for evermore. In +view of this expiation, Epimenides the Cretan performed a purification +of the city. + + + +Part 2 + +After this event there was contention for a long time between the upper +classes and the populace. Not only was the constitution at this time +oligarchical in every respect, but the poorer classes, men, women, and +children, were the serfs of the rich. They were known as Pelatae and +also as Hectemori, because they cultivated the lands of the rich at the +rent thus indicated. The whole country was in the hands of a few +persons, and if the tenants failed to pay their rent they were liable +to be haled into slavery, and their children with them. All loans +secured upon the debtor's person, a custom which prevailed until the +time of Solon, who was the first to appear as the champion of the +people. But the hardest and bitterest part of the constitution in the +eyes of the masses was their state of serfdom. Not but what they were +also discontented with every other feature of their lot; for, to speak +generally, they had no part nor share in anything. + + + +Part 3 + +Now the ancient constitution, as it existed before the time of Draco, +was organized as follows. The magistrates were elected according to +qualifications of birth and wealth. At first they governed for life, +but subsequently for terms of ten years. The first magistrates, both in +date and in importance, were the King, the Polemarch, and the Archon. +The earliest of these offices was that of the King, which existed from +ancestral antiquity. To this was added, secondly, the office of +Polemarch, on account of some of the kings proving feeble in war; for +it was on this account that Ion was invited to accept the post on an +occasion of pressing need. The last of the three offices was that of +the Archon, which most authorities state to have come into existence in +the time of Medon. Others assign it to the time of Acastus, and adduce +as proof the fact that the nine Archons swear to execute their oaths +'as in the days of Acastus,' which seems to suggest that it was in his +time that the descendants of Codrus retired from the kingship in return +for the prerogatives conferred upon the Archon. Whichever way it may +be, the difference in date is small; but that it was the last of these +magistracies to be created is shown by the fact that the Archon has no +part in the ancestral sacrifices, as the King and the Polemarch have, +but exclusively in those of later origin. So it is only at a +comparatively late date that the office of Archon has become of great +importance, through the dignity conferred by these later additions. The +Thesmothetae were many years afterwards, when these offices had already +become annual, with the object that they might publicly record all +legal decisions, and act as guardians of them with a view to +determining the issues between litigants. Accordingly their office, +alone of those which have been mentioned, was never of more than annual +duration. + +Such, then, is the relative chronological precedence of these offices. +At that time the nine Archons did not all live together. The King +occupied the building now known as the Boculium, near the Prytaneum, as +may be seen from the fact that even to the present day the marriage of +the King's wife to Dionysus takes place there. The Archon lived in the +Prytaneum, the Polemarch in the Epilyceum. The latter building was +formerly called the Polemarcheum, but after Epilycus, during his term +of office as Polemarch, had rebuilt it and fitted it up, it was called +the Epilyceum. The Thesmothetae occupied the Thesmotheteum. In the time +of Solon, however, they all came together into the Thesmotheteum. They +had power to decide cases finally on their own authority, not, as now, +merely to hold a preliminary hearing. Such then was the arrangement of +the magistracies. The Council of Areopagus had as its constitutionally +assigned duty the protection of the laws; but in point of fact it +administered the greater and most important part of the government of +the state, and inflicted personal punishments and fines summarily upon +all who misbehaved themselves. This was the natural consequence of the +facts that the Archons were elected under qualifications of birth and +wealth, and that the Areopagus was composed of those who had served as +Archons; for which latter reason the membership of the Areopagus is the +only office which has continued to be a life-magistracy to the present +day. + + + +Part 4 + +Such was, in outline, the first constitution, but not very long after +the events above recorded, in the archonship of Aristaichmus, Draco +enacted his ordinances. Now his constitution had the following form. +The franchise was given to all who could furnish themselves with a +military equipment. The nine Archons and the Treasurers were elected by +this body from persons possessing an unencumbered property of not less +than ten minas, the less important officials from those who could +furnish themselves with a military equipment, and the generals +[Strategi] and commanders of the cavalry [Hipparchi] from those who +could show an unencumbered property of not less than a hundred minas, +and had children born in lawful wedlock over ten years of age. These +officers were required to hold to bail the Prytanes, the Strategi, and +the Hipparchi of the preceding year until their accounts had been +audited, taking four securities of the same class as that to which the +Strategi and the Hipparchi belonged. There was also to be a Council, +consisting of four hundred and one members, elected by lot from among +those who possessed the franchise. Both for this and for the other +magistracies the lot was cast among those who were over thirty years of +age; and no one might hold office twice until every one else had had +his turn, after which they were to cast the lot afresh. If any member +of the Council failed to attend when there was a sitting of the Council +or of the Assembly, he paid a fine, to the amount of three drachmas if +he was a Pentacosiomedimnus, two if he was a Knight, and One if he was +a Zeugites. The Council of Areopagus was guardian of the laws, and kept +watch over the magistrates to see that they executed their offices in +accordance with the laws. Any person who felt himself wronged might lay +an information before the Council of Areopagus, on declaring what law +was broken by the wrong done to him. But, as has been said before, +loans were secured upon the persons of the debtors, and the land was in +the hands of a few. + + + +Part 5 + +Since such, then, was the organization of the constitution, and the +many were in slavery to the few, the people rose against the upper +class. The strife was keen, and for a long time the two parties were +ranged in hostile camps against one another, till at last, by common +consent, they appointed Solon to be mediator and Archon, and committed +the whole constitution to his hands. The immediate occasion of his +appointment was his poem, which begins with the words: + + I behold, and within my heart deep sadness has claimed its place, + As I mark the oldest home of the ancient Ionian race + Slain by the sword. + + +In this poem he fights and disputes on behalf of each party in turn +against the other, and finally he advises them to come to terms and put +an end to the quarrel existing between them. By birth and reputation +Solon was one of the foremost men of the day, but in wealth and +position he was of the middle class, as is generally agreed, and is, +indeed, established by his own evidence in these poems, where he +exhorts the wealthy not to be grasping. + + But ye who have store of good, who are sated and overflow, + Restrain your swelling soul, and still it and keep it low: + Let the heart that is great within you be trained a lowlier way; + Ye shall not have all at your will, and we will not for ever obey. + +Indeed, he constantly fastens the blame of the conflict on the rich; +and accordingly at the beginning of the poem he says that he fears 'the +love of wealth and an overweening mind', evidently meaning that it was +through these that the quarrel arose. + + + +Part 6 + +As soon as he was at the head of affairs, Solon liberated the people +once and for all, by prohibiting all loans on the security of the +debtor's person: and in addition he made laws by which he cancelled all +debts, public and private. This measure is commonly called the +Seisachtheia [= removal of burdens], since thereby the people had their +loads removed from them. In connexion with it some persons try to +traduce the character of Solon. It so happened that, when he was about +to enact the Seisachtheia, he communicated his intention to some +members of the upper class, whereupon, as the partisans of the popular +party say, his friends stole a march on him; while those who wish to +attack his character maintain that he too had a share in the fraud +himself. For these persons borrowed money and bought up a large amount +of land, and so when, a short time afterwards, all debts were +cancelled, they became wealthy; and this, they say, was the origin of +the families which were afterwards looked on as having been wealthy +from primeval times. However, the story of the popular party is by far +the most probable. A man who was so moderate and public-spirited in all +his other actions, that when it was within his power to put his +fellow-citizens beneath his feet and establish himself as tyrant, he +preferred instead to incur the hostility of both parties by placing his +honour and the general welfare above his personal aggrandisement, is +not likely to have consented to defile his hands by such a petty and +palpable fraud. That he had this absolute power is, in the first place, +indicated by the desperate condition the country; moreover, he mentions +it himself repeatedly in his poems, and it is universally admitted. We +are therefore bound to consider this accusation to be false. + + + +Part 7 + +Next Solon drew up a constitution and enacted new laws; and the +ordinances of Draco ceased to be used, with the exception of those +relating to murder. The laws were inscribed on the wooden stands, and +set up in the King's Porch, and all swore to obey them; and the nine +Archons made oath upon the stone, declaring that they would dedicate a +golden statue if they should transgress any of them. This is the origin +of the oath to that effect which they take to the present day. Solon +ratified his laws for a hundred years; and the following was the +fashion in which he organized the constitution. He divided the +population according to property into four classes, just as it had been +divided before, namely, Pentacosiomedimni, Knights, Zeugitae, and +Thetes. The various magistracies, namely, the nine Archons, the +Treasurers, the Commissioners for Public Contracts (Poletae), the +Eleven, and Clerks (Colacretae), he assigned to the Pentacosiomedimni, +the Knights, and the Zeugitae, giving offices to each class in +proportion to the value of their rateable property. To who ranked among +the Thetes he gave nothing but a place in the Assembly and in the +juries. A man had to rank as a Pentacosiomedimnus if he made, from his +own land, five hundred measures, whether liquid or solid. Those ranked +as Knights who made three hundred measures, or, as some say, those who +were able to maintain a horse. In support of the latter definition they +adduce the name of the class, which may be supposed to be derived from +this fact, and also some votive offerings of early times; for in the +Acropolis there is a votive offering, a statue of Diphilus, bearing +this inscription: + + The son of Diphilus, Athenion hight, + Raised from the Thetes and become a knight, + Did to the gods this sculptured charger bring, + For his promotion a thank-offering. + +And a horse stands in evidence beside the man, implying that this was +what was meant by belonging to the rank of Knight. At the same time it +seems reasonable to suppose that this class, like the +Pentacosiomedimni, was defined by the possession of an income of a +certain number of measures. Those ranked as Zeugitae who made two +hundred measures, liquid or solid; and the rest ranked as Thetes, and +were not eligible for any office. Hence it is that even at the present +day, when a candidate for any office is asked to what class he belongs, +no one would think of saying that he belonged to the Thetes. + + + +Part 8 + +The elections to the various offices Solon enacted should be by lot, +out of candidates selected by each of the tribes. Each tribe selected +ten candidates for the nine archonships, and among these the lot was +cast. Hence it is still the custom for each tribe to choose ten +candidates by lot, and then the lot is again cast among these. A proof +that Solon regulated the elections to office according to the property +classes may be found in the law still in force with regard to the +Treasurers, which enacts that they shall be chosen from the +Pentacosiomedimni. Such was Solon's legislation with respect to the +nine Archons; whereas in early times the Council of Areopagus summoned +suitable persons according to its own judgement and appointed them for +the year to the several offices. There were four tribes, as before, and +four tribe-kings. Each tribe was divided into three Trittyes [=Thirds], +with twelve Naucraries in each; and the Naucraries had officers of +their own, called Naucrari, whose duty it was to superintend the +current receipts and expenditure. Hence, among the laws of Solon now +obsolete, it is repeatedly written that the Naucrari are to receive and +to spend out of the Naucraric fund. Solon also appointed a Council of +four hundred, a hundred from each tribe; but he assigned to the Council +of the Areopagus the duty of superintending the laws, acting as before +as the guardian of the constitution in general. It kept watch over the +affairs of the state in most of the more important matters, and +corrected offenders, with full powers to inflict either fines or +personal punishment. The money received in fines it brought up into the +Acropolis, without assigning the reason for the mulct. It also tried +those who conspired for the overthrow of the state, Solon having +enacted a process of impeachment to deal with such offenders. Further, +since he saw the state often engaged in internal disputes, while many +of the citizens from sheer indifference accepted whatever might turn +up, he made a law with express reference to such persons, enacting that +any one who, in a time [Transcriber's note: of?] civil factions, did +not take up arms with either party, should lose his rights as a citizen +and cease to have any part in the state. + + + +Part 9 + +Such, then, was his legislation concerning the magistracies. There are +three points in the constitution of Solon which appear to be its most +democratic features: first and most important, the prohibition of loans +on the security of the debtor's person; secondly, the right of every +person who so willed to claim redress on behalf of any one to whom +wrong was being done; thirdly, the institution of the appeal to the +jurycourts; and it is to this last, they say, that the masses have owed +their strength most of all, since, when the democracy is master of the +voting-power, it is master of the constitution. Moreover, since the +laws were not drawn up in simple and explicit terms (but like the one +concerning inheritances and wards of state), disputes inevitably +occurred, and the courts had to decide in every matter, whether public +or private. Some persons in fact believe that Solon deliberately made +the laws indefinite, in order that the final decision might be in the +hands of the people. This, however, is not probable, and the reason no +doubt was that it is impossible to attain ideal perfection when framing +a law in general terms; for we must judge of his intentions, not from +the actual results in the present day, but from the general tenor of +the rest of his legislation. + + + +Part 10 + +These seem to be the democratic features of his laws; but in addition, +before the period of his legislation, he carried through his abolition +of debts, and after it his increase in the standards of weights and +measures, and of the currency. During his administration the measures +were made larger than those of Pheidon, and the mina, which previously +had a standard of seventy drachmas, was raised to the full hundred. The +standard coin in earlier times was the two-drachma piece. He also made +weights corresponding with the coinage, sixty-three minas going to the +talent; and the odd three minas were distributed among the staters and +the other values. + + + +Part 11 + +When he had completed his organization of the constitution in the +manner that has been described, he found himself beset by people coming +to him and harassing him concerning his laws, criticizing here and +questioning there, till, as he wished neither to alter what he had +decided on nor yet to be an object of ill will to every one by +remaining in Athens, he set off on a journey to Egypt, with the +combined objects of trade and travel, giving out that he should not +return for ten years. He considered that there was no call for him to +expound the laws personally, but that every one should obey them just +as they were written. Moreover, his position at this time was +unpleasant. Many members of the upper class had been estranged from him +on account of his abolition of debts, and both parties were alienated +through their disappointment at the condition of things which he had +created. The mass of the people had expected him to make a complete +redistribution of all property, and the upper class hoped he would +restore everything to its former position, or, at any rate, make but a +small change. Solon, however, had resisted both classes. He might have +made himself a despot by attaching himself to whichever party he chose, +but he preferred, though at the cost of incurring the enmity of both, +to be the saviour of his country and the ideal lawgiver. + + + +Part 12 + +The truth of this view of Solon's policy is established alike by common +consent, and by the mention he has himself made of the matter in his +poems. Thus: + + I gave to the mass of the people such rank as befitted their need, + I took not away their honour, and I granted naught to their greed; + While those who were rich in power, who in wealth were glorious + and great, + I bethought me that naught should befall them unworthy their + splendour and state; + So I stood with my shield outstretched, and both were safe in + its sight, + And I would not that either should triumph, when the triumph was + not with right. + + +Again he declares how the mass of the people ought to be treated: + + But thus will the people best the voice of their leaders obey, + When neither too slack is the rein, nor violence holdeth the sway; + For indulgence breedeth a child, the presumption that spurns control, + When riches too great are poured upon men of unbalanced soul. + +And again elsewhere he speaks about the persons who wished to +redistribute the land: + + So they came in search of plunder, and their cravings knew no bound, + Every one among them deeming endless wealth would here be found. + And that I with glozing smoothness hid a cruel mind within. + Fondly then and vainly dreamt they; now they raise an angry din, + And they glare askance in anger, and the light within their eyes + Burns with hostile flames upon me. Yet therein no justice lies. + All I promised, fully wrought I with the gods at hand to cheer, + Naught beyond in folly ventured. Never to my soul was dear + With a tyrant's force to govern, nor to see the good and base + Side by side in equal portion share the rich home of our race. + + +Once more he speaks of the abolition of debts and of those who before +were in servitude, but were released owing to the Seisachtheia: + + Of all the aims for which I summoned forth + The people, was there one I compassed not? + Thou, when slow time brings justice in its train, + O mighty mother of the Olympian gods, + Dark Earth, thou best canst witness, from whose breast + I swept the pillars broadcast planted there, + And made thee free, who hadst been slave of yore. + And many a man whom fraud or law had sold + For from his god-built land, an outcast slave, + I brought again to Athens; yea, and some, + Exiles from home through debt's oppressive load, + Speaking no more the dear ATHENIAN tongue, + But wandering far and wide, I brought again; + + And those that here in vilest slavery + Crouched 'neath a master's frown, I set them free. + Thus might and right were yoked in harmony, + Since by the force of law I won my ends + And kept my promise. Equal laws I gave + To evil and to good, with even hand + Drawing straight justice for the lot of each. + But had another held the goad as + One in whose heart was guile and greediness, + He had not kept the people back from strife. + For had I granted, now what pleased the one, + Then what their foes devised in counterpoise, + Of many a man this state had been bereft. + Therefore I showed my might on every side, + Turning at bay like wolf among the hounds. + + +And again he reviles both parties for their grumblings in the times +that followed: + + Nay, if one must lay blame where blame is due, + Wer't not for me, the people ne'er had set + Their eyes upon these blessings e'en in dreams: + While greater men, the men of wealthier life, + Should praise me and should court me as their friend. + +For had any other man, he says, received this exalted post, + + He had not kept the people back, nor ceased + Til he had robbed the richness of the milk. + But I stood forth a landmark in the midst, + And barred the foes from battle. + + + +Part 13 + +Such then, were Solon's reasons for his departure from the country. +After his retirement the city was still torn by divisions. For four +years, indeed, they lived in peace; but in the fifth year after Solon's +government they were unable to elect an Archon on account of their +dissensions, and again four years later they elected no Archon for the +same reason. Subsequently, after a similar period had elapsed, Damasias +was elected Archon; and he governed for two years and two months, until +he was forcibly expelled from his office. After this, it was agreed, as +a compromise, to elect ten Archons, five from the Eupatridae, three +from the Agroeci, and two from the Demiurgi, and they ruled for the +year following Damasias. It is clear from this that the Archon was at +the time the magistrate who possessed the greatest power, since it is +always in connexion with this office that conflicts are seen to arise. +But altogether they were in a continual state of internal disorder. +Some found the cause and justification of their discontent in the +abolition of debts, because thereby they had been reduced to poverty; +others were dissatisfied with the political constitution, because it +had undergone a revolutionary change; while with others the motive was +found in personal rivalries among themselves. The parties at this time +were three in number. First there was the party of the Shore, led by +Megacles the son of Alcmeon, which was considered to aim at a moderate +form of government; then there were the men of the Plain, who desired +an oligarchy and were led by Lycurgus; and thirdly there were the men +of the Highlands, at the head of whom was Pisistratus, who was looked +on as an extreme democrat. This latter party was reinforced by those +who had been deprived of the debts due to them, from motives of +poverty, and by those who were not of pure descent, from motives of +personal apprehension. A proof of this is seen in the fact that after +the tyranny was overthrown a revision was made of the citizen-roll, on +the ground that many persons were partaking in the franchise without +having a right to it. The names given to the respective parties were +derived from the districts in which they held their lands. + + + +Part 14 + +Pisistratus had the reputation of being an extreme democrat, and he +also had distinguished himself greatly in the war with Megara. Taking +advantage of this, he wounded himself, and by representing that his +injuries had been inflicted on him by his political rivals, he +persuaded the people, through a motion proposed by Aristion, to grant +him a bodyguard. After he had got these 'club-bearers', as they were +called, he made an attack with them on the people and seized the +Acropolis. This happened in the archonship of Comeas, thirty-one years +after the legislation of Solon. It is related that, when Pisistratus +asked for his bodyguard, Solon opposed the request, and declared that +in so doing he proved himself wiser than half the people and braver +than the rest,--wiser than those who did not see that Pisistratus +designed to make himself tyrant, and braver than those who saw it and +kept silence. But when all his words availed nothing he carried forth +his armour and set it up in front of his house, saying that he had +helped his country so far as lay in his power (he was already a very +old man), and that he called on all others to do the same. Solon's +exhortations, however, proved fruitless, and Pisistratus assumed the +sovereignty. His administration was more like a constitutional +government than the rule of a tyrant; but before his power was firmly +established, the adherents of Megacles and Lycurgus made a coalition +and drove him out. This took place in the archonship of Hegesias, five +years after the first establishment of his rule. Eleven years later +Megacles, being in difficulties in a party struggle, again opened +negotiations with Pisistratus, proposing that the latter should marry +his daughter; and on these terms he brought him back to Athens, by a +very primitive and simple-minded device. He first spread abroad a +rumour that Athens was bringing back Pisistratus, and then, having +found a woman of great stature and beauty, named Phye (according to +Herodotus, of the deme of Paeania, but as others say a Thracian +flower-seller of the deme of Collytus), he dressed her in a garb +resembling that of the goddess and brought her into the city with +Pisistratus. The latter drove in on a chariot with the woman beside +him, and the inhabitants of the city, struck with awe, received him +with adoration. + + + +Part 15 + +In this manner did his first return take place. He did not, however, +hold his power long, for about six years after his return he was again +expelled. He refused to treat the daughter of Megacles as his wife, and +being afraid, in consequence, of a combination of the two opposing +parties, he retired from the country. First he led a colony to a place +called Rhaicelus, in the region of the Thermaic gulf; and thence he +passed to the country in the neighbourhood of Mt. Pangaeus. Here he +acquired wealth and hired mercenaries; and not till ten years had +elapsed did he return to Eretria and make an attempt to recover the +government by force. In this he had the assistance of many allies, +notably the Thebans and Lygdamis of Naxos, and also the Knights who +held the supreme power in the constitution of Eretria. After his +victory in the battle at Pallene he captured Athens, and when he had +disarmed the people he at last had his tyranny securely established, +and was able to take Naxos and set up Lygdamis as ruler there. He +effected the disarmament of the people in the following manner. He +ordered a parade in full armour in the Theseum, and began to make a +speech to the people. He spoke for a short time, until the people +called out that they could not hear him, whereupon he bade them come up +to the entrance of the Acropolis, in order that his voice might be +better heard. Then, while he continued to speak to them at great +length, men whom he had appointed for the purpose collected the arms +and locked them up in the chambers of the Theseum hard by, and came and +made a signal to him that it was done. Pisistratus accordingly, when he +had finished the rest of what he had to say, told the people also what +had happened to their arms; adding that they were not to be surprised +or alarmed, but go home and attend to their private affairs, while he +would himself for the future manage all the business of the state. + + + +Part 16 + +Such was the origin and such the vicissitudes of the tyranny of +Pisistratus. His administration was temperate, as has been said before, +and more like constitutional government than a tyranny. Not only was he +in every respect humane and mild and ready to forgive those who +offended, but, in addition, he advanced money to the poorer people to +help them in their labours, so that they might make their living by +agriculture. In this he had two objects, first that they might not +spend their time in the city but might be scattered over all the face +of the country, and secondly that, being moderately well off and +occupied with their own business, they might have neither the wish nor +the time to attend to public affairs. At the same time his revenues +were increased by the thorough cultivation of the country, since he +imposed a tax of one tenth on all the produce. For the same reasons he +instituted the local justices, and often made expeditions in person +into the country to inspect it and to settle disputes between +individuals, that they might not come into the city and neglect their +farms. It was in one of these progresses that, as the story goes, +Pisistratus had his adventure with the man of Hymettus, who was +cultivating the spot afterwards known as 'Tax-free Farm'. He saw a man +digging and working at a very stony piece of ground, and being +surprised he sent his attendant to ask what he got out of this plot of +land. 'Aches and pains', said the man; 'and that's what Pisistratus +ought to have his tenth of'. The man spoke without knowing who his +questioner was; but Pisistratus was so pleased with his frank speech and +his industry that he granted him exemption from all taxes. And so in +matters in general he burdened the people as little as possible with +his government, but always cultivated peace and kept them in all +quietness. Hence the tyranny of Pisistratus was often spoken of +proverbially as 'the age of gold'; for when his sons succeeded him the +government became much harsher. But most important of all in this +respect was his popular and kindly disposition. In all things he was +accustomed to observe the laws, without giving himself any exceptional +privileges. Once he was summoned on a charge of homicide before the +Areopagus, and he appeared in person to make his defence; but the +prosecutor was afraid to present himself and abandoned the case. For +these reasons he held power long, and whenever he was expelled he +regained his position easily. The majority alike of the upper class and +of the people were in his favour; the former he won by his social +intercourse with them, the latter by the assistance which he gave to +their private purses, and his nature fitted him to win the hearts of +both. Moreover, the laws in reference to tyrants at that time in force +at Athens were very mild, especially the one which applies more +particularly to the establishment of a tyranny. The law ran as follows: +'These are the ancestral statutes of the ATHENIANs; if any persons +shall make an attempt to establish a tyranny, or if any person shall +join in setting up a tyranny, he shall lose his civic rights, both +himself and his whole house.' + + + +Part 17 + +Thus did Pisistratus grow old in the possession of power, and he died a +natural death in the archonship of Philoneos, three and thirty years +from the time at which he first established himself as tyrant, during +nineteen of which he was in possession of power; the rest he spent in +exile. It is evident from this that the story is mere gossip which +states that Pisistratus was the youthful favourite of Solon and +commanded in the war against Megara for the recovery of Salamis. It +will not harmonize with their respective ages, as any one may see who +will reckon up the years of the life of each of them, and the dates at +which they died. After the death of Pisistratus his sons took up the +government, and conducted it on the same system. He had two sons by his +first and legitimate wife, Hippias and Hipparchus, and two by his +Argive consort, Iophon and Hegesistratus, who was surnamed Thessalus. +For Pisistratus took a wife from Argos, Timonassa, the daughter of a +man of Argos, named Gorgilus; she had previously been the wife of +Archinus of Ambracia, one of the descendants of Cypselus. This was the +origin of his friendship with the Argives, on account of which a +thousand of them were brought over by Hegesistratus and fought on his +side in the battle at Pallene. Some authorities say that this marriage +took place after his first expulsion from Athens, others while he was +in possession of the government. + + + +Part 18 + +Hippias and Hipparchus assumed the control of affairs on grounds alike +of standing and of age; but Hippias, as being also naturally of a +statesmanlike and shrewd disposition, was really the head of the +government. Hipparchus was youthful in disposition, amorous, and fond +of literature (it was he who invited to Athens Anacreon, Simonides, and +the other poets), while Thessalus was much junior in age, and was +violent and headstrong in his behaviour. It was from his character that +all the evils arose which befell the house. He became enamoured of +Harmodius, and, since he failed to win his affection, he lost all +restraint upon his passion, and in addition to other exhibitions of +rage he finally prevented the sister of Harmodius from taking the part +of a basket-bearer in the Panathenaic procession, alleging as his +reason that Harmodius was a person of loose life. Thereupon, in a +frenzy of wrath, Harmodius and Aristogeiton did their celebrated deed, +in conjunction with a number of confederates. But while they were lying +in wait for Hippias in the Acropolis at the time of the Panathenaea +(Hippias, at this moment, was awaiting the arrival of the procession, +while Hipparchus was organizing its dispatch) they saw one of the +persons privy to the plot talking familiarly with him. Thinking that he +was betraying them, and desiring to do something before they were +arrested, they rushed down and made their attempt without waiting for +the rest of their confederates. They succeeded in killing Hipparchus +near the Leocoreum while he was engaged in arranging the procession, +but ruined the design as a whole; of the two leaders, Harmodius was +killed on the spot by the guards, while Aristogeiton was arrested, and +perished later after suffering long tortures. While under the torture +he accused many persons who belonged by birth to the most distinguished +families and were also personal friends of the tyrants. At first the +government could find no clue to the conspiracy; for the current story, +that Hippias made all who were taking part in the procession leave +their arms, and then detected those who were carrying secret daggers, +cannot be true, since at that time they did not bear arms in the +processions, this being a custom instituted at a later period by the +democracy. According to the story of the popular party, Aristogeiton +accused the friends of the tyrants with the deliberate intention that +the latter might commit an impious act, and at the same time weaken +themselves, by putting to death innocent men who were their own +friends; others say that he told no falsehood, but was betraying the +actual accomplices. At last, when for all his efforts he could not +obtain release by death, he promised to give further information +against a number of other persons; and, having induced Hippias to give +him his hand to confirm his word, as soon as he had hold of it he +reviled him for giving his hand to the murderer of his brother, till +Hippias, in a frenzy of rage, lost control of himself and snatched out +his dagger and dispatched him. + + + +Part 19 + +After this event the tyranny became much harsher. In consequence of his +vengeance for his brother, and of the execution and banishment of a +large number of persons, Hippias became a distrusted and an embittered +man. About three years after the death of Hipparchus, finding his +position in the city insecure, he set about fortifying Munichia, with +the intention of establishing himself there. While he was still +engaged on this work, however, he was expelled by Cleomenes, king of +Lacedaemon, in consequence of the Spartans being continually incited by +oracles to overthrow the tyranny. These oracles were obtained in the +following way. The Athenian exiles, headed by the Alcmeonidae, could +not by their own power effect their return, but failed continually in +their attempts. Among their other failures, they fortified a post in +Attica, Lipsydrium, above Mt. Parnes, and were there joined by some +partisans from the city; but they were besieged by the tyrants and +reduced to surrender. After this disaster the following became a +popular drinking song: + + Ah! Lipsydrium, faithless friend! + Lo, what heroes to death didst send, + Nobly born and great in deed! + Well did they prove themselves at need + Of noble sires a noble seed. + + +Having failed, then, in every other method, they took the contract for +rebuilding the temple at Delphi, thereby obtaining ample funds, which +they employed to secure the help of the Lacedaemonians. All this time +the Pythia kept continually enjoining on the Lacedaemonians who came to +consult the oracle, that they must free Athens; till finally she +succeeded in impelling the Spartans to that step, although the house of +Pisistratus was connected with them by ties of hospitality. The +resolution of the Lacedaemonians was, however, at least equally due to +the friendship which had been formed between the house of Pisistratus +and Argos. Accordingly they first sent Anchimolus by sea at the head of +an army; but he was defeated and killed, through the arrival of Cineas +of Thessaly to support the sons of Pisistratus with a force of a +thousand horsemen. Then, being roused to anger by this disaster, they +sent their king, Cleomenes, by land at the head of a larger force; and +he, after defeating the Thessalian cavalry when they attempted to +intercept his march into Attica, shut up Hippias within what was known +as the Pelargic wall and blockaded him there with the assistance of the +Athenians. While he was sitting down before the place, it so happened +that the sons of the Pisistratidae were captured in an attempt to slip +out; upon which the tyrants capitulated on condition of the safety of +their children, and surrendered the Acropolis to the Athenians, five +days being first allowed them to remove their effects. This took place +in the archonship of Harpactides, after they had held the tyranny for +about seventeen years since their father's death, or in all, including +the period of their father's rule, for nine-and-forty years. + + + +Part 20 + +After the overthrow of the tyranny, the rival leaders in the state were +Isagoras son of Tisander, a partisan of the tyrants, and Cleisthenes, +who belonged to the family of the Alcmeonidae. Cleisthenes, being +beaten in the political clubs, called in the people by giving the +franchise to the masses. Thereupon Isagoras, finding himself left +inferior in power, invited Cleomenes, who was united to him by ties of +hospitality, to return to Athens, and persuaded him to 'drive out the +pollution', a plea derived from the fact that the Alcmeonidae were +suppposed to be under the curse of pollution. On this Cleisthenes +retired from the country, and Cleomenes, entering Attica with a small +force, expelled, as polluted, seven hundred Athenian families. Having +effected this, he next attempted to dissolve the Council, and to set up +Isagoras and three hundred of his partisans as the supreme power in the +state. The Council, however, resisted, the populace flocked together, +and Cleomenes and Isagoras, with their adherents, took refuge in the +Acropolis. Here the people sat down and besieged them for two days; and +on the third they agreed to let Cleomenes and all his followers depart, +while they summoned Cleisthenes and the other exiles back to Athens. +When the people had thus obtained the command of affairs, Cleisthenes +was their chief and popular leader. And this was natural; for the +Alcmeonidae were perhaps the chief cause of the expulsion of the +tyrants, and for the greater part of their rule were at perpetual war +with them. But even earlier than the attempts of the Alcmeonidae, one +Cedon made an attack on the tyrants; when there came another popular +drinking song, addressed to him: + + Pour a health yet again, boy, to Cedon; forget not this duty to do, + If a health is an honour befitting the name of a good man and true. + + + +Part 21 + +The people, therefore, had good reason to place confidence in +Cleisthenes. Accordingly, now that he was the popular leader, three +years after the expulsion of the tyrants, in the archonship of +Isagoras, his first step was to distribute the whole population into +ten tribes in place of the existing four, with the object of +intermixing the members of the different tribes, and so securing that +more persons might have a share in the franchise. From this arose the +saying 'Do not look at the tribes', addressed to those who wished to +scrutinize the lists of the old families. Next he made the Council to +consist of five hundred members instead of four hundred, each tribe now +contributing fifty, whereas formerly each had sent a hundred. The +reason why he did not organize the people into twelve tribes was that +he might not have to use the existing division into trittyes; for the +four tribes had twelve trittyes, so that he would not have achieved his +object of redistributing the population in fresh combinations. Further, +he divided the country into thirty groups of demes, ten from the +districts about the city, ten from the coast, and ten from the +interior. These he called trittyes; and he assigned three of them by +lot to each tribe, in such a way that each should have one portion in +each of these three localities. All who lived in any given deme he +declared fellow-demesmen, to the end that the new citizens might not be +exposed by the habitual use of family names, but that men might be +officially described by the names of their demes; and accordingly it is +by the names of their demes that the Athenians speak of one another. He +also instituted Demarchs, who had the same duties as the previously +existing Naucrari,--the demes being made to take the place of the +naucraries. He gave names to the demes, some from the localities to +which they belonged, some from the persons who founded them, since some +of the areas no longer corresponded to localities possessing names. On +the other hand he allowed every one to retain his family and clan and +religious rites according to ancestral custom. The names given to the +tribes were the ten which the Pythia appointed out of the hundred +selected national heroes. + + + +Part 22 + +By these reforms the constitution became much more democratic than that +of Solon. The laws of Solon had been obliterated by disuse during the +period of the tyranny, while Cleisthenes substituted new ones with the +object of securing the goodwill of the masses. Among these was the law +concerning ostracism. Four years after the establishment of this system, +in the archonship of Hermocreon, they first imposed upon the Council of +Five Hundred the oath which they take to the present day. Next they +began to elect the generals by tribes, one from each tribe, while the +Polemarch was the commander of the whole army. Then, eleven years +later, in the archonship of Phaenippus they won the battle of Marathon; +and two years after this victory, when the people had now gained +self-confidence, they for the first time made use of the law of +ostracism. This had originally been passed as a precaution against men +in high office, because Pisistratus took advantage of his position as a +popular leader and general to make himself tyrant; and the first person +ostracized was one of his relatives, Hipparchus son of Charmus, of the +deme of Collytus, the very person on whose account especially +Cleisthenes had enacted the law, as he wished to get rid of him. +Hitherto, however, he had escaped; for the Athenians, with the usual +leniency of the democracy, allowed all the partisans of the tyrants, +who had not joined in their evil deeds in the time of the troubles to +remain in the city; and the chief and leader of these was Hipparchus. +Then in the very next year, in the archonship of Telesinus, they for +the first time since the tyranny elected, tribe by tribe, the nine +Archons by lot out of the five hundred candidates selected by the +demes, all the earlier ones having been elected by vote; and in the +same year Megacles son of Hippocrates, of the deme of Alopece, was +ostracized. Thus for three years they continued to ostracize the +friends of the tyrants, on whose account the law had been passed; but +in the following year they began to remove others as well, including +any one who seemed to be more powerful than was expedient. The first +person unconnected with the tyrants who was ostracized was Xanthippus +son of Ariphron. Two years later, in the archonship of Nicodemus, the +mines of Maroneia were discovered, and the state made a profit of a +hundred talents from the working of them. Some persons advised the +people to make a distribution of the money among themselves, but this +was prevented by Themistocles. He refused to say on what he proposed to +spend the money, but he bade them lend it to the hundred richest men in +Athens, one talent to each, and then, if the manner in which it was +employed pleased the people, the expenditure should be charged to the +state, but otherwise the state should receive the sum back from those +to whom it was lent. On these terms he received the money and with it +he had a hundred triremes built, each of the hundred individuals +building one; and it was with these ships that they fought the battle +of Salamis against the barbarians. About this time Aristides the son of +Lysimachus was ostracized. Three years later, however, in the +archonship of Hypsichides, all the ostracized persons were recalled, on +account of the advance of the army of Xerxes; and it was laid down for +the future that persons under sentence of ostracism must live between +Geraestus and Scyllaeum, on pain of losing their civic rights +irrevocably. + + + +Part 23 + +So far, then, had the city progressed by this time, growing gradually +with the growth of the democracy; but after the Persian wars the +Council of Areopagus once more developed strength and assumed the +control of the state. It did not acquire this supremacy by virtue of +any formal decree, but because it had been the cause of the battle of +Salamis being fought. When the generals were utterly at a loss how to +meet the crisis and made proclamation that every one should see to his +own safety, the Areopagus provided a donation of money, distributing +eight drachmas to each member of the ships' crews, and so prevailed on +them to go on board. On these grounds people bowed to its prestige; and +during this period Athens was well administered. At this time they +devoted themselves to the prosecution of the war and were in high +repute among the Greeks, so that the command by sea was conferred upon +them, in spite of the opposition of the Lacedaemonians. The leaders of +the people during this period were Aristides, of Lysimachus, and +Themistocles, son of Lysimachus, and Themistocles, son of Neocles, of +whom the latter appeared to devote himself to the conduct of war, while +the former had the reputation of being a clever statesman and the most +upright man of his time. Accordingly the one was usually employed as +general, the other as political adviser. The rebuilding of the +fortifications they conducted in combination, although they were +political opponents; but it was Aristides who, seizing the opportunity +afforded by the discredit brought upon the Lacedaemonians by Pausanias, +guided the public policy in the matter of the defection of the Ionian +states from the alliance with Sparta. It follows that it was he who +made the first assessment of tribute from the various allied states, +two years after the battle of Salamis, in the archonship of +Timosthenes; and it was he who took the oath of offensive and defensive +alliance with the Ionians, on which occasion they cast the masses of +iron into the sea. + + + +Part 24 + +After this, seeing the state growing in confidence and much wealth +accumulated, he advised the people to lay hold of the leadership of the +league, and to quit the country districts and settle in the city. He +pointed out to them that all would be able to gain a living there, some +by service in the army, others in the garrisons, others by taking a +part in public affairs; and in this way they would secure the +leadership. This advice was taken; and when the people had assumed the +supreme control they proceeded to treat their allies in a more +imperious fashion, with the exception of the Chians, Lesbians, and +Samians. These they maintained to protect their empire, leaving their +constitutions untouched, and allowing them to retain whatever dominion +they then possessed. They also secured an ample maintenance for the +mass of the population in the way which Aristides had pointed out to +them. Out of the proceeds of the tributes and the taxes and the +contributions of the allies more than twenty thousand persons were +maintained. There were 6,000 jurymen, 1,600 bowmen, 1,200 Knights, 500 +members of the Council, 500 guards of the dockyards, besides fifty +guards in the Acropolis. There were some 700 magistrates at home, and +some 700 abroad. Further, when they subsequently went to war, there +were in addition 2,500 heavy-armed troops, twenty guard-ships, and +other ships which collected the tributes, with crews amounting to 2,000 +men, selected by lot; and besides these there were the persons +maintained at the Prytaneum, and orphans, and gaolers, since all these +were supported by the state. + + + +Part 25 + +Such was the way in which the people earned their livelihood. The +supremacy of the Areopagus lasted for about seventeen years after the +Persian wars, although gradually declining. But as the strength of the +masses increased, Ephialtes, son of Sophonides, a man with a reputation +for incorruptibility and public virtue, who had become the leader of +the people, made an attack upon that Council. First of all he ruined +many of its members by bringing actions against them with reference to +their administration. Then, in the archonship of Conon, he stripped the +Council of all the acquired prerogatives from which it derived its +guardianship of the constitution, and assigned some of them to the +Council of Five Hundred, and others to the Assembly and the law-courts. +In this revolution he was assisted by Themistocles, who was himself a +member of the Areopagus, but was expecting to be tried before it on a +charge of treasonable dealings with Persia. This made him anxious that +it should be overthrown, and accordingly he warned Ephialtes that the +Council intended to arrest him, while at the same time he informed the +Areopagites that he would reveal to them certain persons who were +conspiring to subvert the constitution. He then conducted the +representatives delegated by the Council to the residence of Ephialtes, +promising to show them the conspirators who assembled there, and +proceeded to converse with them in an earnest manner. Ephialtes, seeing +this, was seized with alarm and took refuge in suppliant guise at the +altar. Every one was astounded at the occurrence, and presently, when +the Council of Five Hundred met, Ephialtes and Themistocles together +proceeded to denounce the Areopagus to them. This they repeated in +similar fashion in the Assembly, until they succeeded in depriving it +of its power. Not long afterwards, however, Ephialtes was assassinated +by Aristodicus of Tanagra. In this way was the Council of Areopagus +deprived of its guardianship of the state. + + + +Part 26 + +After this revolution the administration of the state became more and +more lax, in consequence of the eager rivalry of candidates for popular +favour. During this period the moderate party, as it happened, had no +real chief, their leader being Cimon son of Miltiades, who was a +comparatively young man, and had been late in entering public life; and +at the same time the general populace suffered great losses by war. The +soldiers for active service were selected at that time from the roll of +citizens, and as the generals were men of no military experience, who +owed their position solely to their family standing, it continually +happened that some two or three thousand of the troops perished on an +expedition; and in this way the best men alike of the lower and the +upper classes were exhausted. Consequently in most matters of +administration less heed was paid to the laws than had formerly been +the case. No alteration, however, was made in the method of election of +the nine Archons, except that five years after the death of Ephialtes +it was decided that the candidates to be submitted to the lot for that +office might be selected from the Zeugitae as well as from the higher +classes. The first Archon from that class was Mnesitheides. Up to this +time all the Archons had been taken from the Pentacosiomedimni and +Knights, while the Zeugitae were confined to the ordinary magistracies, +save where an evasion of the law was overlooked. Four years later, in +the archonship of Lysicrates, thirty 'local justices', as they as they +were called, were re-established; and two years afterwards, in the +archonship of Antidotus, consequence of the great increase in the +number of citizens, it was resolved, on the motion of Pericles, that no +one should be admitted to the franchise who was not of citizen birth by +both parents. + + + +Part 27 + +After this Pericles came forward as popular leader, having first +distinguished himself while still a young man by prosecuting Cimon on +the audit of his official accounts as general. Under his auspices the +constitution became still more democratic. He took away some of the +privileges of the Areopagus, and, above all, he turned the policy of +the state in the direction of sea power, which caused the masses to +acquire confidence in themselves and consequently to take the conduct +of affairs more and more into their own hands. Moreover, forty-eight +years after the battle of Salamis, in the archonship of Pythodorus, the +Peloponnesian war broke out, during which the populace was shut up in +the city and became accustomed to gain its livelihood by military +service, and so, partly voluntarily and partly involuntarily, +determined to assume the administration of the state itself. Pericles +was also the first to institute pay for service in the law-courts, as a +bid for popular favour to counterbalance the wealth of Cimon. The +latter, having private possessions on a regal scale, not only performed +the regular public services magnificently, but also maintained a large +number of his fellow-demesmen. Any member of the deme of Laciadae could +go every day to Cimon's house and there receive a reasonable provision; +while his estate was guarded by no fences, so that any one who liked +might help himself to the fruit from it. Pericles' private property was +quite unequal to this magnificence and accordingly he took the advice +of Damonides of Oia (who was commonly supposed to be the person who +prompted Pericles in most of his measures, and was therefore +subsequently ostracized), which was that, as he was beaten in the +matter of private possessions, he should make gifts to the people from +their own property; and accordingly he instituted pay for the members +of the juries. Some critics accuse him of thereby causing a +deterioration in the character of the juries, since it was always the +common people who put themselves forward for selection as jurors, +rather than the men of better position. Moreover, bribery came into +existence after this, the first person to introduce it being Anytus, +after his command at Pylos. He was prosecuted by certain individuals +on account of his loss of Pylos, but escaped by bribing the jury. + + + +Part 28 + +So long, however, as Pericles was leader of the people, things went +tolerably well with the state; but when he was dead there was a great +change for the worse. Then for the first time did the people choose a +leader who was of no reputation among men of good standing, whereas up +to this time such men had always been found as leaders of the +democracy. The first leader of the people, in the very beginning of +things, was Solon, and the second was Pisistratus, both of them men of +birth and position. After the overthrow of the tyrants there was +Cleisthenes, a member of the house of the Alcmeonidae; and he had no +rival opposed to him after the expulsion of the party of Isagoras. +After this Xanthippus was the leader of the people, and Miltiades of +the upper class. Then came Themistocles and Aristides, and after them +Ephialtes as leader of the people, and Cimon son of Miltiades of the +wealthier class. Pericles followed as leader of the people, and +Thucydides, who was connected by marriage with Cimon, of the +opposition. After the death of Pericles, Nicias, who subsequently fell +in Sicily, appeared as leader of the aristocracy, and Cleon son of +Cleaenetus of the people. The latter seems, more than any one else, to +have been the cause of the corruption of the democracy by his wild +undertakings; and he was the first to use unseemly shouting and coarse +abuse on the Bema, and to harangue the people with his cloak girt up +short about him, whereas all his predecessors had spoken decently and +in order. These were succeeded by Theramenes son of Hagnon as leader of +the one party, and the lyre-maker Cleophon of the people. It was +Cleophon who first granted the two-obol donation for the theatrical +performances, and for some time it continued to be given; but then +Callicrates of Paeania ousted him by promising to add a third obol to +the sum. Both of these persons were subsequently condemned to death; +for the people, even if they are deceived for a time, in the end +generally come to detest those who have beguiled them into any unworthy +action. After Cleophon the popular leadership was occupied successively +by the men who chose to talk the biggest and pander the most to the +tastes of the majority, with their eyes fixed only on the interests of +the moment. The best statesmen at Athens, after those of early times, +seem to have been Nicias, Thucydides, and Theramenes. As to Nicias and +Thucydides, nearly every one agrees that they were not merely men of +birth and character, but also statesmen, and that they ruled the state +with paternal care. On the merits of Theramenes opinion is divided, +because it so happened that in his time public affairs were in a very +stormy state. But those who give their opinion deliberately find him, +not, as his critics falsely assert, overthrowing every kind of +constitution, but supporting every kind so long as it did not +transgress laws; thus showing that he was able, as every good citizen +should be, to live under any form of constitution, while he refused to +countenance illegality and was its constant enemy. + + + +Part 29 + +So long as the fortune of the war continued even, the Athenians +preserved the democracy; but after the disaster in Sicily, when the +Lacedaemonians had gained the upper hand through their alliance with +the king of Persia, they were compelled to abolish the democracy and +establish in its place the constitution of the Four Hundred. The speech +recommending this course before the vote was made by Melobius, and the +motion was proposed by Pythodorus of Anaphlystus; but the real argument +which persuaded the majority was the belief that the king of Persia was +more likely to form an alliance with them if the constitution were on +an oligarchical basis. The motion of Pythodorus was to the following +effect. The popular Assembly was to elect twenty persons, over forty +years of age, who, in conjunction with the existing ten members of the +Committee of Public Safety, after taking an oath that they would frame +such measures as they thought best for the state, should then prepare +proposals for the public safety. In addition, any other person might +make proposals, so that of all the schemes before them the people might +choose the best. Cleitophon concurred with the motion of Pythodorus, +but moved that the committee should also investigate the ancient laws +enacted by Cleisthenes when he created the democracy, in order that +they might have these too before them and so be in a position to decide +wisely; his suggestion being that the constitution of Cleisthenes was +not really democratic, but closely akin to that of Solon. When the +committee was elected, their first proposal was that the Prytanes +should be compelled to put to the vote any motion that was offered on +behalf of the public safety. Next they abolished all indictments for +illegal proposals, all impeachments and pubic prosecutions, in order +that every Athenian should be free to give his counsel on the +situation, if he chose; and they decreed that if any person imposed a +fine on any other for his acts in this respect, or prosecuted him or +summoned him before the courts, he should, on an information being laid +against him, be summarily arrested and brought before the generals, who +should deliver him to the Eleven to be put to death. After these +preliminary measures, they drew up the constitution in the following +manner. The revenues of the state were not to be spent on any purpose +except the war. All magistrates should serve without remuneration for +the period of the war, except the nine Archons and the Prytanes for the +time being, who should each receive three obols a day. The whole of the +rest of the administration was to be committed, for the period of the +war, to those Athenians who were most capable of serving the state +personally or pecuniarily, to the number of not less than five +thousand. This body was to have full powers, to the extent even of +making treaties with whomsoever they willed; and ten representatives, +over forty years of age, were to be elected from each tribe to draw up +the list of the Five Thousand, after taking an oath on a full and +perfect sacrifice. + + + +Part 30 + +These were the recommendations of the committee; and when they had been +ratified the Five Thousand elected from their own number a hundred +commissioners to draw up the constitution. They, on their appointment, +drew up and produced the following recommendations. There should be a +Council, holding office for a year, consisting of men over thirty years +of age, serving without pay. To this body should belong the Generals, +the nine Archons, the Amphictyonic Registrar (Hieromnemon), the +Taxiarchs, the Hipparchs, the Phylarch, the commanders of garrisons, +the Treasurers of Athena and the other gods, ten in number, the +Hellenic Treasurers (Hellenotamiae), the Treasurers of the other +non-sacred moneys, to the number of twenty, the ten Commissioners of +Sacrifices (Hieropoei), and the ten Superintendents of the mysteries. +All these were to be appointed by the Council from a larger number of +selected candidates, chosen from its members for the time being. The +other offices were all to be filled by lot, and not from the members of +the Council. The Hellenic Treasurers who actually administered the +funds should not sit with the Council. As regards the future, four +Councils were to be created, of men of the age already mentioned, and +one of these was to be chosen by lot to take office at once, while the +others were to receive it in turn, in the order decided by the lot. For +this purpose the hundred commissioners were to distribute themselves +and all the rest as equally as possible into four parts, and cast lots +for precedence, and the selected body should hold office for a year. +They were to administer that office as seemed to them best, both with +reference to the safe custody and due expenditure of the finances, and +generally with regard to all other matters to the best of their +ability. If they desired to take a larger number of persons into +counsel, each member might call in one assistant of his own choice, +subject to the same qualification of age. The Council was to sit once +every five days, unless there was any special need for more frequent +sittings. The casting of the lot for the Council was to be held by the +nine Archons; votes on divisions were to be counted by five tellers +chosen by lot from the members of the Council, and of these one was to +be selected by lot every day to act as president. These five persons +were to cast lots for precedence between the parties wishing to appear +before the Council, giving the first place to sacred matters, the +second to heralds, the third to embassies, and the fourth to all other +subjects; but matters concerning the war might be dealt with, on the +motion of the generals, whenever there was need, without balloting. +Any member of the Council who did not enter the Council-house at the +time named should be fined a drachma for each day, unless he was away +on leave of absence from the Council. + + + +Part 31 + +Such was the constitution which they drew up for the time to come, but +for the immediate present they devised the following scheme. There +should be a Council of Four Hundred, as in the ancient constitution, +forty from each tribe, chosen out of candidates of more than thirty +years of age, selected by the members of the tribes. This Council +should appoint the magistrates and draw up the form of oath which they +were to take; and in all that concerned the laws, in the examination of +official accounts, and in other matters generally, they might act +according to their discretion. They must, however, observe the laws +that might be enacted with reference to the constitution of the state, +and had no power to alter them nor to pass others. The generals should +be provisionally elected from the whole body of the Five Thousand, but +so soon as the Council came into existence it was to hold an +examination of military equipments, and thereon elect ten persons, +together with a secretary, and the persons thus elected should hold +office during the coming year with full powers, and should have the +right, whenever they desired it, of joining in the deliberations of the +Council. The Five thousand was also to elect a single Hipparch and ten +Phylarchs; but for the future the Council was to elect these officers +according to the regulations above laid down. No office, except those +of member of the Council and of general, might be held more than once, +either by the first occupants or by their successors. With reference to +the future distribution of the Four Hundred into the four successive +sections, the hundred commissioners must divide them whenever the time +comes for the citizens to join in the Council along with the rest. + + + +Part 32 + +The hundred commissioners appointed by the Five Thousand drew up the +constitution as just stated; and after it had been ratified by the +people, under the presidency of Aristomachus, the existing Council, +that of the year of Callias, was dissolved before it had completed its +term of office. It was dissolved on the fourteenth day of the month +Thargelion, and the Four Hundred entered into office on the +twenty-first; whereas the regular Council, elected by lot, ought to +have entered into office on the fourteenth of Scirophorion. Thus was +the oligarchy established, in the archonship of Callias, just about a +hundred years after the expulsion of the tyrants. The chief promoters +of the revolution were Pisander, Antiphon, and Theramenes, all of them +men of good birth and with high reputations for ability and judgement. +When, however, this constitution had been established, the Five +Thousand were only nominally selected, and the Four Hundred, together +with the ten officers on whom full powers had been conferred, occupied +the Council-house and really administered the government. They began by +sending ambassadors to the Lacedaemonians proposing a cessation of the +war on the basis of the existing position; but as the Lacedaemonians +refused to listen to them unless they would also abandon the command of +the sea, they broke off the negotiations. + + + +Part 33 + +For about four months the constitution of the Four Hundred lasted, and +Mnasilochus held office as Archon of their nomination for two months of +the year of Theopompus, who was Archon for the remaining ten. On the +loss of the naval battle of Eretria, however, and the revolt of the +whole of Euboea except Oreum, the indignation of the people was greater +than at any of the earlier disasters, since they drew far more supplies +at this time from Euboea than from Attica itself. Accordingly they +deposed the Four Hundred and committed the management of affairs to the +Five Thousand, consisting of persons possessing a military equipment. +At the same time they voted that pay should not be given for any public +office. The persons chiefly responsible for the revolution were +Aristocrates and Theramenes, who disapproved of the action of the Four +Hundred in retaining the direction of affairs entirely in their own +hands, and referring nothing to the Five Thousand. During this period +the constitution of the state seems to have been admirable, since it +was a time of war and the franchise was in the hands of those who +possessed a military equipment. + + + +Part 34 + +The people, however, in a very short time deprived the Five Thousand of +their monopoly of the government. Then, six years after the overthrow +of the Four Hundred, in the archonship of Callias of Angele, the battle +of Arginusae took place, of which the results were, first, that the ten +generals who had gained the victory were all condemned by a single +decision, owing to the people being led astray by persons who aroused +their indignation; though, as a matter of fact, some of the generals +had actually taken no part in the battle, and others were themselves +picked up by other vessels. Secondly, when the Lacedaemonians proposed +to evacuate Decelea and make peace on the basis of the existing +position, although some of the Athenians supported this proposal, the +majority refused to listen to them. In this they were led astray by +Cleophon, who appeared in the Assembly drunk and wearing his +breastplate, and prevented peace being made, declaring that he would +never accept peace unless the Lacedaemonians abandoned their claims on +all the cities allied with them. They mismanaged their opportunity +then, and in a very short time they learnt their mistake. The next +year, in the archonship of Alexias, they suffered the disaster of +Aegospotami, the consequence of which was that Lysander became master +of the city, and set up the Thirty as its governors. He did so in the +following manner. One of the terms of peace stipulated that the state +should be governed according to 'the ancient constitution'. Accordingly +the popular party tried to preserve the democracy, while that part of +the upper class which belonged to the political clubs, together with +the exiles who had returned since the peace, aimed at an oligarchy, and +those who were not members of any club, though in other respects they +considered themselves as good as any other citizens, were anxious to +restore the ancient constitution. The latter class included Archinus, +Anytus, Cleitophon, Phormisius, and many others, but their most +prominent leader was Theramenes. Lysander, however, threw his influence +on the side of the oligarchical party, and the popular Assembly was +compelled by sheer intimidation to pass a vote establishing the +oligarchy. The motion to this effect was proposed by Dracontides of +Aphidna. + + + +Part 35 + +In this way were the Thirty established in power, in the archonship of +Pythodorus. As soon, however, as they were masters of the city, they +ignored all the resolutions which had been passed relating to the +organization of the constitution, but after appointing a Council of +Five Hundred and the other magistrates out of a thousand selected +candidates, and associating with themselves ten Archons in Piraeus, +eleven superintendents of the prison, and three hundred 'lash-bearers' +as attendants, with the help of these they kept the city under their +own control. At first, indeed, they behaved with moderation towards the +citizens and pretended to administer the state according to the ancient +constitution. In pursuance of this policy they took down from the hill +of Areopagus the laws of Ephialtes and Archestratus relating to the +Areopagite Council; they also repealed such of the statutes of Solon as +were obscure, and abolished the supreme power of the law-courts. In +this they claimed to be restoring the constitution and freeing it from +obscurities; as, for instance, by making the testator free once for all +to leave his property as he pleased, and abolishing the existing +limitations in cases of insanity, old age, and undue female influence, +in order that no opening might be left for professional accusers. In +other matters also their conduct was similar. At first, then, they +acted on these lines, and they destroyed the professional accusers and +those mischievous and evil-minded persons who, to the great detriment +of the democracy, had attached themselves to it in order to curry +favour with it. With all of this the city was much pleased, and thought +that the Thirty were doing it with the best of motives. But so soon as +they had got a firmer hold on the city, they spared no class of +citizens, but put to death any persons who were eminent for wealth or +birth or character. Herein they aimed at removing all whom they had +reason to fear, while they also wished to lay hands on their +possessions; and in a short time they put to death not less than +fifteen hundred persons. + + + +Part 36 + +Theramenes, however, seeing the city thus falling into ruin, was +displeased with their proceedings, and counselled them to cease such +unprincipled conduct and let the better classes have a share in the +government. At first they resisted his advice, but when his proposals +came to be known abroad, and the masses began to associate themselves +with him, they were seized with alarm lest he should make himself the +leader of the people and destroy their despotic power. Accordingly +they drew up a list of three thousand citizens, to whom they announced +that they would give a share in the constitution. Theramenes, however, +criticized this scheme also, first on the ground that, while proposing +to give all respectable citizens a share in the constitution, they were +actually giving it only to three thousand persons, as though all merit +were confined within that number; and secondly because they were doing +two inconsistent things, since they made the government rest on the +basis of force, and yet made the governors inferior in strength to the +governed. However, they took no notice of his criticisms, and for a +long time put off the publication of the list of the Three Thousand and +kept to themselves the names of those who had been placed upon it; and +every time they did decide to publish it they proceeded to strike out +some of those who had been included in it, and insert others who had +been omitted. + + + +Part 37 + +Now when winter had set in, Thrasybulus and the exiles occupied Phyle, +and the force which the Thirty led out to attack them met with a +reverse. Thereupon the Thirty decided to disarm the bulk of the +population and to get rid of Theramenes; which they did in the +following way. They introduced two laws into the Council, which they +commanded it to pass; the first of them gave the Thirty absolute power +to put to death any citizen who was not included in the list of the +Three Thousand, while the second disqualified all persons from +participation in the franchise who should have assisted in the +demolition of the fort of Eetioneia, or have acted in any way against +the Four Hundred who had organized the previous oligarchy. Theramenes +had done both, and accordingly, when these laws were ratified, he +became excluded from the franchise and the Thirty had full power to put +him to death. Theramenes having been thus removed, they disarmed all +the people except the Three Thousand, and in every respect showed a +great advance in cruelty and crime. They also sent ambassadors to +Lacedaemonian to blacken the character of Theramenes and to ask for +help; and the Lacedaemonians, in answer to their appeal, sent Callibius +as military governor with about seven hundred troops, who came and +occupied the Acropolis. + + + +Part 38 + +These events were followed by the occupation of Munichia by the exiles +from Phyle, and their victory over the Thirty and their partisans. +After the fight the party of the city retreated, and next day they held +a meeting in the marketplace and deposed the Thirty, and elected ten +citizens with full powers to bring the war to a termination. When, +however, the Ten had taken over the government they did nothing towards +the object for which they were elected, but sent envoys to +Lacedaemonian to ask for help and to borrow money. Further, finding +that the citizens who possessed the franchise were displeased at their +proceedings, they were afraid lest they should be deposed, and +consequently, in order to strike terror into them (in which design they +succeeded), they arrested Demaretus, one of the most eminent citizens, +and put him to death. This gave them a firm hold on the government, and +they also had the support of Callibius and his Peloponnesians, together +with several of the Knights; for some of the members of this class were +the most zealous among the citizens to prevent the return of the exiles +from Phyle. When, however, the party in Piraeus and Munichia began to +gain the upper hand in the war, through the defection of the whole +populace to them, the party in the city deposed the original Ten, and +elected another Ten, consisting of men of the highest repute. Under +their administration, and with their active and zealous cooperation, +the treaty of reconciliation was made and the populace returned to the +city. The most prominent members of this board were Rhinon of Paeania +and Phayllus of Acherdus, who, even before the arrival of Pausanias, +opened negotiations with the party in Piraeus, and after his arrival +seconded his efforts to bring about the return of the exiles. For it +was Pausanias, the king of the Lacedaemonians, who brought the peace +and reconciliation to a fulfillment, in conjunction with the ten +commissioners of arbitration who arrived later from Lacedaemonian, at +his own earnest request. Rhinon and his colleagues received a vote of +thanks for the goodwill shown by them to the people, and though they +received their charge under an oligarchy and handed in their accounts +under a democracy, no one, either of the party that had stayed in the +city or of the exiles that had returned from the Piraeus, brought any +complaint against them. On the contrary, Rhinon was immediately elected +general on account of his conduct in this office. + + + +Part 39 + +This reconciliation was effected in the archonship of Eucleides, on the +following terms. All persons who, having remained in the city during +the troubles, were now anxious to leave it, were to be free to settle +at Eleusis, retaining their civil rights and possessing full and +independent powers of self-government, and with the free enjoyment of +their own personal property. The temple at Eleusis should be common +ground for both parties, and should be under the superintendence of the +Ceryces, and the Eumolpidae, according to primitive custom. The +settlers at Eleusis should not be allowed to enter Athens, nor the +people of Athens to enter Eleusis, except at the season of the +mysteries, when both parties should be free from these restrictions. +The secessionists should pay their share to the fund for the common +defence out of their revenues, just like all the other Athenians. If +any of the seceding party wished to take a house in Eleusis, the people +would help them to obtain the consent of the owner; but if they could +not come to terms, they should appoint three valuers on either side, +and the owner should receive whatever price they should appoint. Of +the inhabitants of Eleusis, those whom the secessionists wished to +remain should be allowed to do so. The list of those who desired to +secede should be made up within ten days after the taking of the oaths +in the case of persons already in the country, and their actual +departure should take place within twenty days; persons at present out +of the country should have the same terms allowed to them after their +return. No one who settled at Eleusis should be capable of holding any +office in Athens until he should again register himself on the roll as +a resident in the city. Trials for homicide, including all cases in +which one party had either killed or wounded another, should be +conducted according to ancestral practice. There should be a general +amnesty concerning past events towards all persons except the Thirty, +the Ten, the Eleven, and the magistrates in Piraeus; and these too +should be included if they should submit their accounts in the usual +way. Such accounts should be given by the magistrates in Piraeus before +a court of citizens rated in Piraeus, and by the magistrates in the +city before a court of those rated in the city. On these terms those +who wished to do so might secede. Each party was to repay separately +the money which it had borrowed for the war. + + + +Part 40 + +When the reconciliation had taken place on these terms, those who had +fought on the side of the Thirty felt considerable apprehensions, and a +large number intended to secede. But as they put off entering their +names till the last moment, as people will do, Archinus, observing +their numbers, and being anxious to retain them as citizens, cut off +the remaining days during which the list should have remained open; and +in this way many persons were compelled to remain, though they did so +very unwillingly until they recovered confidence. This is one point in +which Archinus appears to have acted in a most statesmanlike manner, +and another was his subsequent prosecution of Thrasybulus on the charge +of illegality, for a motion by which he proposed to confer the +franchise on all who had taken part in the return from Piraeus, +although some of them were notoriously slaves. And yet a third such +action was when one of the returned exiles began to violate the +amnesty, whereupon Archinus haled him to the Council and persuaded them +to execute him without trial, telling them that now they would have to +show whether they wished to preserve the democracy and abide by the +oaths they had taken; for if they let this man escape they would +encourage others to imitate him, while if they executed him they would +make an example for all to learn by. And this was exactly what +happened; for after this man had been put to death no one ever again +broke the amnesty. On the contrary, the Athenians seem, both in public +and in private, to have behaved in the most unprecedentedly admirable +and public-spirited way with reference to the preceding troubles. Not +only did they blot out all memory of former offences, but they even +repaid to the Lacedaemonians out of the public purse the money which +the Thirty had borrowed for the war, although the treaty required each +party, the party of the city and the party of Piraeus, to pay its own +debts separately. This they did because they thought it was a necessary +first step in the direction of restoring harmony; but in other states, +so far from the democratic parties making advances from their own +possessions, they are rather in the habit of making a general +redistribution of the land. A final reconciliation was made with the +secessionists at Eleusis two years after the secession, in the +archonship of Xenaenetus. + + + +Part 41 + +This, however, took place at a later date; at the time of which we are +speaking the people, having secured the control of the state, +established the constitution which exists at the present day. +Pythodorus was Archon at the time, but the democracy seems to have +assumed the supreme power with perfect justice, since it had effected +its own return by its own exertions. This was the eleventh change which +had taken place in the constitution of Athens. The first modification +of the primaeval condition of things was when Ion and his companions +brought the people together into a community, for then the people was +first divided into the four tribes, and the tribe-kings were created. +Next, and first after this, having now some semblance of a +constitution, was that which took place in the reign of Theseus, +consisting in a slight deviation from absolute monarchy. After this +came the constitution formed under Draco, when the first code of laws +was drawn up. The third was that which followed the civil war, in the +time of Solon; from this the democracy took its rise. The fourth was +the tyranny of Pisistratus; the fifth the constitution of Cleisthenes, +after the overthrow of the tyrants, of a more democratic character than +that of Solon. The sixth was that which followed on the Persian wars, +when the Council of Areopagus had the direction of the state. The +seventh, succeeding this, was the constitution which Aristides sketched +out, and which Ephialtes brought to completion by overthrowing the +Areopagite Council; under this the nation, misled by the demagogues, +made the most serious mistakes in the interest of its maritime empire. +The eighth was the establishment of the Four Hundred, followed by the +ninth, the restored democracy. The tenth was the tyranny of the Thirty +and the Ten. The eleventh was that which followed the return from Phyle +and Piraeus; and this has continued from that day to this, with +continual accretions of power to the masses. The democracy has made +itself master of everything and administers everything by its votes in +the Assembly and by the law-courts, in which it holds the supreme +power. Even the jurisdiction of the Council has passed into the hands +of the people at large; and this appears to be a judicious change, +since small bodies are more open to corruption, whether by actual money +or influence, than large ones. At first they refused to allow payment +for attendance at the Assembly; but the result was that people did not +attend. Consequently, after the Prytanes had tried many devices in vain +in order to induce the populace to come and ratify the votes, +Agyrrhius, in the first instance, made a provision of one obol a day, +which Heracleides of Clazomenae, nicknamed 'the king', increased to two +obols, and Agyrrhius again to three. + + + +Part 42 + +The present state of the constitution is as follows. The franchise is +open to all who are of citizen birth by both parents. They are enrolled +among the demesmen at the age of eighteen. On the occasion of their +enrollment the demesmen give their votes on oath, first whether the +candidates appear to be of the age prescribed by the law (if not, they +are dismissed back into the ranks of the boys), and secondly whether +the candidate is free born and of such parentage as the laws require. +Then if they decide that he is not a free man, he appeals to the +law-courts, and the demesmen appoint five of their own number to act as +accusers; if the court decides that he has no right to be enrolled, he +is sold by the state as a slave, but if he wins his case he has a right +to be enrolled among the demesmen without further question. After this +the Council examines those who have been enrolled, and if it comes to +the conclusion that any of them is less than eighteen years of age, it +fines the demesmen who enrolled him. When the youths (Ephebi) have +passed this examination, their fathers meet by their tribes, and +appoint on oath three of their fellow tribesmen, over forty years of +age, who, in their opinion, are the best and most suitable persons to +have charge of the youths; and of these the Assembly elects one from +each tribe as guardian, together with a director, chosen from the +general body of Athenians, to control the while. Under the charge of +these persons the youths first of all make the circuit of the temples; +then they proceed to Piraeus, and some of them garrison Munichia and +some the south shore. The Assembly also elects two trainers, with +subordinate instructors, who teach them to fight in heavy armour, to +use the bow and javelin, and to discharge a catapult. The guardians +receive from the state a drachma apiece for their keep, and the youths +four obols apiece. Each guardian receives the allowance for all the +members of his tribe and buys the necessary provisions for the common +stock (they mess together by tribes), and generally superintends +everything. In this way they spend the first year. The next year, after +giving a public display of their military evolutions, on the occasion +when the Assembly meets in the theatre, they receive a shield and spear +from the state; after which they patrol the country and spend their +time in the forts. For these two years they are on garrison duty, and +wear the military cloak, and during this time they are exempt from all +taxes. They also can neither bring an action at law, nor have one +brought against them, in order that they may have no excuse for +requiring leave of absence; though exception is made in cases of +actions concerning inheritances and wards of state, or of any +sacrificial ceremony connected with the family. When the two years have +elapsed they thereupon take their position among the other citizens. +Such is the manner of the enrollment of the citizens and the training +of the youths. + + + +Part 43 + +All the magistrates that are concerned with the ordinary routine of +administration are elected by lot, except the Military Treasurer, the +Commissioners of the Theoric fund, and the Superintendent of Springs. +These are elected by vote, and hold office from one Panathenaic +festival to the next. All military officers are also elected by vote. + + The Council of Five Hundred is elected by lot, fifty from each +tribe. Each tribe holds the office of Prytanes in turn, the order being +determined by lot; the first four serve for thirty-six days each, the +last six for thirty-five, since the reckoning is by lunar years. The +Prytanes for the time being, in the first place, mess together in the +Tholus, and receive a sum of money from the state for their +maintenance; and, secondly, they convene the meetings of the Council +and the Assembly. The Council they convene every day, unless it is a +holiday, the Assembly four times in each prytany. It is also their duty +to draw up the programme of the business of the Council and to decide +what subjects are to be dealt with on each particular day, and where the +sitting is to be held. They also draw up the programme for the meetings +of the Assembly. One of these in each prytany is called the 'sovereign' +Assembly; in this the people have to ratify the continuance of the +magistrates in office, if they are performing their duties properly, +and to consider the supply of corn and the defence of the country. On +this day, too, impeachments are introduced by those who wish to do so, +the lists of property confiscated by the state are read, and also +applications for inheritances and wards of state, so that nothing may +pass unclaimed without the cognizance of any person concerned. In the +sixth prytany, in addition to the business already stated, the question +is put to the vote whether it is desirable to hold a vote of ostracism +or not; and complaints against professional accusers, whether Athenian +or aliens domiciled in Athens, are received, to the number of not more +than three of either class, together with cases in which an individual +has made some promise to the people and has not performed it. Another +Assembly in each prytany is assigned to the hearing of petitions, and +at this meeting any one is free, on depositing the petitioner's +olive-branch, to speak to the people concerning any matter, public or +private. The two remaining meetings are devoted to all other subjects, +and the laws require them to deal with three questions connected with +religion, three connected with heralds and embassies, and three on +secular subjects. Sometimes questions are brought forward without a +preliminary vote of the Assembly to take them into consideration. + +Heralds and envoys appear first before the Prytanes, and the bearers 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 Prytanes; since a person who carries a +motion in the Assembly is liable to an action for illegal proposal on +these grounds. + + + +Part 46 + +The Council also superintends the triremes that are already in +existence, with their tackle and sheds, and builds new triremes or +quadriremes, whichever the Assembly votes, with tackle and sheds to +match. The Assembly appoints master-builders for the ships by vote; and +if they do not hand them over completed to the next Council, the old +Council cannot receive the customary donation--that being normally +given to it during its successor's term of office. For the building of +the triremes it appoints ten commissioners, chosen from its own +members. The Council also inspects all public buildings, and if it is +of opinion that the state is being defrauded, it reports the culprit to +the Assembly, and on condemnation hands him over to the law-courts. + + + +Part 47 + +The Council also co-operates with other magistrates in most of their +duties. First there are the treasurers of Athena, ten in number, +elected by lot, one from each tribe. According to the law of +Solon--which is still in force--they must be Pentacosiomedimni, but in +point of fact the person on whom the lot falls holds the office even +though he be quite a poor man. These officers take over charge of the +statue of Athena, the figures of Victory, and all the other ornaments +of the temple, together with the money, in the presence of the Council. +Then there are the Commissioners for Public Contracts (Poletae), ten in +number, one chosen by lot from each tribe, who farm out the public +contracts. They lease the mines and taxes, in conjunction with the +Military Treasurer and the Commissioners of the Theoric fund, in the +presence of the Council, and grant, to the persons indicated by the +vote of the Council, the mines which are let out by the state, +including both the workable ones, which are let for three years, and +those which are let under special agreements years. They also sell, in +the presence of the Council, the property of those who have gone into +exile from the court of the Areopagus, and of others whose goods have +been confiscated, and the nine Archons ratify the contracts. They also +hand over to the Council lists of the taxes which are farmed out for +the year, entering on whitened tablets the name of the lessee and the +amount paid. They make separate lists, first of those who have to pay +their instalments in each prytany, on ten several tablets, next of +those who pay thrice in the year, with a separate tablet for each +instalment, and finally of those who pay in the ninth prytany. They +also draw up a list of farms and dwellings which have been confiscated +and sold by order of the courts; for these too come within their +province. In the case of dwellings the value must be paid up in five +years, and in that of farms, in ten. The instalments are paid in the +ninth prytany. Further, the King-archon brings before the Council the +leases of the sacred enclosures, written on whitened tablets. These too +are leased for ten years, and the instalments are paid in the prytany; +consequently it is in this prytany that the greatest amount of money is +collected. The tablets containing the lists of the instalments are +carried into the Council, and the public clerk takes charge of them. +Whenever a payment of instalments is to be made he takes from the +pigeon-holes the precise list of the sums which are to be paid and +struck off on that day, and delivers it to the Receivers-General. The +rest are kept apart, in order that no sum may be struck off before it +is paid. + + + +Part 48 + +There are ten Receivers-General (Apodectae), elected by lot, one from +each tribe. These officers receive the tablets, and strike off the +instalments as they are paid, in the presence of the Council in the +Council-chamber, and give the tablets back to the public clerk. If any +one fails to pay his instalment, a note is made of it on the tablet; +and he is bound to pay double the amount of the deficiency, or, in +default, to be imprisoned. The Council has full power by the laws to +exact these payments and to inflict this imprisonment. They receive all +the instalments, therefore, on one day, and portion the money out among +the magistrates; and on the next day they bring up the report of the +apportionment, written on a wooden notice-board, and read it out in the +Council-chamber, after which they ask publicly in the Council whether +any one knows of any malpractice in reference to the apportionment, on +the part of either a magistrate or a private individual, and if any one +is charged with malpractice they take a vote on it. + +The Council also elects ten Auditors (Logistae) by lot from its own +members, to audit the accounts of the magistrates for each prytany. +They also elect one Examiner of Accounts (Euthunus) by lot from each +tribe, with two assessors (Paredri) for each examiner, whose duty it is +to sit at the ordinary market hours, each opposite the statue of the +eponymous hero of his tribe; and if any one wishes to prefer a charge, +on either public or private grounds, against any magistrate who has +passed his audit before the law-courts, within three days of his having +so passed, he enters on a whitened tablet his own name and that of the +magistrate prosecuted, together with the malpractice that is alleged +against him. He also appends his claim for a penalty of such amount as +seems to him fitting, and gives in the record to the Examiner. The +latter takes it, and if after reading it he considers it proved he +hands it over, if a private case, to the local justices who introduce +cases for the tribe concerned, while if it is a public case he enters +it on the register of the Thesmothetae. Then, if the Thesmothetae +accept it, they bring the accounts of this magistrate once more before +the law-court, and the decision of the jury stands as the final +judgement. + + + +Part 49 + +The Council also inspects the horses belonging to the state. If a man +who has a good horse is found to keep it in bad condition, he is +mulcted in his allowance of corn; while those which cannot keep up or +which shy and will not stand steady, it brands with a wheel on the jaw, +and the horse so marked is disqualified for service. It also inspects +those who appear to be fit for service as scouts, and any one whom it +rejects is deprived of his horse. It also examines the infantry who +serve among the cavalry, and any one whom it rejects ceases to receive +his pay. The roll of the cavalry is drawn up by the Commissioners of +Enrolment (Catalogeis), ten in number, elected by the Assembly by open +vote. They hand over to the Hipparchs and Phylarchs the list of those +whom they have enrolled, and these officers take it and bring it up +before the Council, and there open the sealed tablet containing the +names of the cavalry. If any of those who have been on the roll +previously make affidavit that they are physically incapable of cavalry +service, they strike them out; then they call up the persons newly +enrolled, and if any one makes affidavit that he is either physically +or pecuniarily incapable of cavalry service they dismiss him, but if no +such affidavit is made the Council vote whether the individual in +question is suitable for the purpose or not. If they vote in the +affirmative his name is entered on the tablet; if not, he is dismissed +with the others. + +Formerly the Council used to decide on the plans for public buildings +and the contract for making the robe of Athena; but now this work is +done by a jury in the law-courts appointed by lot, since the Council +was considered to have shown favouritism in its decisions. The Council +also shares with the Military Treasurer the superintendence of the +manufacture of the images of Victory and the prizes at the Panathenaic +festival. + +The Council also examines infirm paupers; for there is a law which +provides that persons possessing less than three minas, who are so +crippled as to be unable to do any work, are, after examination by the +Council, to receive two obols a day from the state for their support. A +treasurer is appointed by lot to attend to them. + +The Council also, speaking broadly, cooperates in most of the duties of +all the other magistrates; and this ends the list of the functions of +that body. + +Part 50 + +There are ten Commissioners for Repairs of Temples, elected by lot, who +receive a sum of thirty minas from the Receivers-General, and therewith +carry out the most necessary repairs in the temples. + +There are also ten City Commissioners (Astynomi), of whom five hold +office in Piraeus and five in the city. Their duty is to see that +female flute- and harp- and lute-players are not hired at more than two +drachmas, and if more than one person is anxious to hire the same girl, +they cast lots and hire her out to the person to whom the lot falls. +They also provide that no collector of sewage shall shoot any of his +sewage within ten stradia of the walls; they prevent people from +blocking up the streets by building, or stretching barriers across +them, or making drain-pipes in mid-air with a discharge into the +street, or having doors which open outwards; they also remove the +corpses of those who die in the streets, for which purpose they have a +body of state slaves assigned to them. + + + +Part 51 + +Market Commissioners (Agoranomi) are elected by lot, five for Piraeus, +five for the city. Their statutory duty is to see that all articles +offered for sale in the market are pure and unadulterated. + +Commissioners of Weights and Measures (Metronomi) are elected by lot, +five for the city, and five for Piraeus. They see that sellers use fair +weights and measures. + +Formerly there were ten Corn Commissioners (Sitophylaces), elected by +lot, five for Piraeus, and five for the city; but now there are twenty +for the city and fifteen for Piraeus. Their duties are, first, to see +that the unprepared corn in the market is offered for sale at +reasonable prices, and secondly, to see that the millers sell barley +meal at a price proportionate to that of barley, and that the bakers +sell their loaves at a price proportionate to that of wheat, and of +such weight as the Commissioners may appoint; for the law requires them +to fix the standard weight. + +There are ten Superintendents of the Mart, elected by lot, whose duty +is to superintend the Mart, and to compel merchants to bring up into +the city two-thirds of the corn which is brought by sea to the Corn +Mart. + + + +Part 52 + +The Eleven also are appointed by lot to take care of the prisoners in +the state gaol. Thieves, kidnappers, and pickpockets are brought to +them, and if they plead guilty they are executed, but if they deny the +charge the Eleven bring the case before the law-courts; if the +prisoners are acquitted, they release them, but if not, they then +execute them. They also bring up before the law-courts the list of +farms and houses claimed as state-property; and if it is decided that +they are so, they deliver them to the Commissioners for Public +Contracts. The Eleven also bring up informations laid against +magistrates alleged to be disqualified; this function comes within +their province, but some such cases are brought up by the Thesmothetae. + +There are also five Introducers of Cases (Eisagogeis), elected by lot, +one for each pair of tribes, who bring up the 'monthly' cases to the +law-courts. 'Monthly' cases are these: refusal to pay up a dowry where +a party is bound to do so, refusal to pay interest on money borrowed at +12 per cent., or where a man desirous of setting up business in the +market has borrowed from another man capital to start with; also cases +of slander, cases arising out of friendly loans or partnerships, and +cases concerned with slaves, cattle, and the office of trierarch, or +with banks. These are brought up as 'monthly' cases and are introduced +by these officers; but the Receivers-General perform the same function +in cases for or against the farmers of taxes. Those in which the sum +concerned is not more than ten drachmas they can decide summarily, but +all above that amount they bring into the law-courts as 'monthly' cases. + + + +Part 53 + +The Forty are also elected by lot, four from each tribe, before whom +suitors bring all other cases. Formerly they were thirty in number, and +they went on circuit through the demes to hear causes; but after the +oligarchy of the Thirty they were increased to forty. They have full +powers to decide cases in which the amount at issue does not exceed ten +drachmas, but anything beyond that value they hand over to the +Arbitrators. The Arbitrators take up the case, and, if they cannot +bring the parties to an agreement, they give a decision. If their +decision satisfies both parties, and they abide by it, the case is at +an end; but if either of the parties appeals to the law-courts, the +Arbitrators enclose the evidence, the pleadings, and the laws quoted in +the case in two urns, those of the plaintiff in the one, and those of +the defendant in the other. These they seal up and, having attached to +them the decision of the arbitrator, written out on a tablet, place +them in the custody of the four justices whose function it is to +introduce cases on behalf of the tribe of the defendant. These officers +take them and bring up the case before the law-court, to a jury of two +hundred and one members in cases up to the value of a thousand +drachmas, or to one of four hundred and one in cases above that value. +No laws or pleadings or evidence may be used except those which were +adduced before the Arbitrator, and have been enclosed in the urns. + +The Arbitrators are persons in the sixtieth year of their age; this +appears from the schedule of the Archons and the Eponymi. There are two +classes of Eponymi, the ten who give their names to the tribes, and the +forty-two of the years of service. The youths, on being enrolled among +the citizens, were formerly registered upon whitened tablets, and the +names were appended of the Archon in whose year they were enrolled, and +of the Eponymus who had been in course in the preceding year; at the +present day they are written on a bronze pillar, which stands in front +of the Council-chamber, near the Eponymi of the tribes. Then the Forty +take the last of the Eponymi of the years of service, and assign the +arbitrations to the persons belonging to that year, casting lots to +determine which arbitrations each shall undertake; and every one is +compelled to carry through the arbitrations which the lot assigns to +him. The law enacts that any one who does not serve as Arbitrator when +he has arrived at the necessary age shall lose his civil rights, unless +he happens to be holding some other office during that year, or to be +out of the country. These are the only persons who escape the duty. Any +one who suffers injustice at the hands of the Arbitrator may appeal to +the whole board of Arbitrators, and if they find the magistrate guilty, +the law enacts that he shall lose his civil rights. The persons thus +condemned have, however, in their turn an appeal. The Eponymi are also +used in reference to military expeditions; when the men of military age +are despatched on service, a notice is put up stating that the men from +such-and-such an Archon and Eponymus to such-and-such another Archon +and Eponymus are to go on the expedition. + + + +Part 54 + +The following magistrates also are elected by lot: Five Commissioners +of Roads (Hodopoei), who, with an assigned body of public slaves, are +required to keep the roads in order: and ten Auditors, with ten +assistants, to whom all persons who have held any office must give in +their accounts. These are the only officers who audit the accounts of +those who are subject to examination, and who bring them up for +examination before the law-courts. If they detect any magistrate in +embezzlement, the jury condemn him for theft, and he is obliged to +repay tenfold the sum he is declared to have misappropriated. If they +charge a magistrate with accepting bribes and the jury convict him, +they fine him for corruption, and this sum too is repaid tenfold. Or if +they convict him of unfair dealing, he is fined on that charge, and the +sum assessed is paid without increase, if payment is made before the +ninth prytany, but otherwise it is doubled. A tenfold fine is not +doubled. + +The Clerk of the prytany, as he is called, is also elected by lot. He +has the charge of all public documents, and keeps the resolutions which +are passed by the Assembly, and checks the transcripts of all other +official papers and attends at the sessions of the Council. Formerly +he was elected by open vote, and the most distinguished and trustworthy +persons were elected to the post, as is known from the fact that the +name of this officer is appended on the pillars recording treaties of +alliance and grants of consulship and citizenship. Now, however, he is +elected by lot. There is, in addition, a Clerk of the Laws, elected by +lot, who attends at the sessions of the Council; and he too checks the +transcript of all the laws. The Assembly also elects by open vote a +clerk to read documents to it and to the Council; but he has no other +duty except that of reading aloud. + +The Assembly also elects by lot the Commissioners of Public Worship +(Hieropoei) known as the Commissioners for Sacrifices, who offer the +sacrifices appointed by oracle, and, in conjunction with the seers, +take the auspices whenever there is occasion. It also elects by lot ten +others, known as Annual Commissioners, who offer certain sacrifices and +administer all the quadrennial festivals except the Panathenaea. There +are the following quadrennial festivals: first that of Delos (where +there is also a sexennial festival), secondly the Brauronia, thirdly +the Heracleia, fourthly the Eleusinia, and fifthly the Panathenaea; and +no two of these are celebrated in the same place. To these the +Hephaestia has now been added, in the archonship of Cephisophon. + +An Archon is also elected by lot for Salamis, and a Demarch for +Piraeus. These officers celebrate the Dionysia in these two places, and +appoint Choregi. In Salamis, moreover, the name of the Archon is +publicly recorded. + + + +Part 55 + +All the foregoing magistrates are elected by lot, and their powers are +those which have been stated. To pass on to the nine Archons, as they +are called, the manner of their appointment from the earliest times has +been described already. At the present day six Thesmothetae are elected +by lot, together with their clerk, and in addition to these an Archon, +a King, and a Polemarch. One is elected from each tribe. They are +examined first of all by the Council of Five Hundred, with the +exception of the clerk. The latter is examined only in the lawcourt, +like other magistrates (for all magistrates, whether elected by lot or +by open vote, are examined before entering on their offices); but the +nine Archons are examined both in the Council and again in the +law-court. Formerly no one could hold the office if the Council +rejected him, but now there is an appeal to the law-court, which is the +final authority in the matter of the examination. When they are +examined, they are asked, first, 'Who is your father, and of what deme? +who is your father's father? who is your mother? who is your mother's +father, and of what deme?' Then the candidate is asked whether he +possesses an ancestral Apollo and a household Zeus, and where their +sanctuaries are; next if he possesses a family tomb, and where; then if +he treats his parents well, and pays his taxes, and has served on the +required military expeditions. When the examiner has put these +questions, he proceeds, 'Call the witnesses to these facts'; and when +the candidate has produced his witnesses, he next asks, 'Does any one +wish to make any accusation against this man?' If an accuser appears, +he gives the parties an opportunity of making their accusation and +defence, and then puts it to the Council to pass the candidate or not, +and to the law-court to give the final vote. If no one wishes to make +an accusation, he proceeds at once to the vote. Formerly a single +individual gave the vote, but now all the members are obliged to vote +on the candidates, so that if any unprincipled candidate has managed to +get rid of his accusers, it may still be possible for him to be +disqualified before the law-court. When the examination has been thus +completed, they proceed to the stone on which are the pieces of the +victims, and on which the Arbitrators take oath before declaring their +decisions, and witnesses swear to their testimony. On this stone the +Archons stand, and swear to execute their office uprightly and +according to the laws, and not to receive presents in respect of the +performance of their duties, or, if they do, to dedicate a golden +statue. When they have taken this oath they proceed to the Acropolis, +and there they repeat it; after this they enter upon their office. + + + +Part 56 + +The Archon, the King, and the Polemarch have each two assessors, +nominated by themselves. These officers are examined in the lawcourt +before they begin to act, and give in accounts on each occasion of +their acting. + +As soon as the Archon enters office, he begins by issuing a +proclamation that whatever any one possessed before he entered into +office, that he shall possess and hold until the end of his term. Next +he assigns Choregi to the tragic poets, choosing three of the richest +persons out of the whole body of Athenians. Formerly he used also to +assign five Choregi to the comic poets, but now the tribes provide the +Choregi for them. Then he receives the Choregi who have been appointed +by the tribes for the men's and boys' choruses and the comic poets at +the Dionysia, and for the men's and boys' choruses at the Thargelia (at +the Dionysia there is a chorus for each tribe, but at the Thargelia one +between two tribes, each tribe bearing its share in providing it); he +transacts the exchanges of properties for them, and reports any excuses +that are tendered, if any one says that he has already borne this +burden, or that he is exempt because he has borne a similar burden and +the period of his exemption has not yet expired, or that he is not of +the required age; since the Choregus of a boys' chorus must be over +forty years of age. He also appoints Choregi for the festival at Delos, +and a chief of the mission for the thirty-oar boat which conveys the +youths thither. He also superintends sacred processions, both that in +honour of Asclepius, when the initiated keep house, and that of the +great Dionysia--the latter in conjunction with the Superintendents of +that festival. These officers, ten in number, were formerly elected by +open vote in the Assembly, and used to provide for the expenses of the +procession out of their private means; but now one is elected by lot +from each tribe, and the state contributes a hundred minas for the +expenses. The Archon also superintends the procession at the Thargelia, +and that in honour of Zeus the Saviour. He also manages the contests at +the Dionysia and the Thargelia. + +These, then, are the festivals which he superintends. The suits and +indictments which come before him, and which he, after a preliminary +inquiry, brings up before the lawcourts, are as follows. Injury to +parents (for bringing these actions the prosecutor cannot suffer any +penalty); injury to orphans (these actions lie against their +guardians); injury to a ward of state (these lie against their +guardians or their husbands), injury to an orphan's estate (these too +lie against the guardians); mental derangement, where a party charges +another with destroying his own property through unsoundness of mind; +for appointment of liquidators, where a party refuses to divide +property in which others have a share; for constituting a wardship; for +determining between rival claims to a wardship; for granting inspection +of property to which another party lays claim; for appointing oneself +as guardian; and for determining disputes as to inheritances and wards +of state. The Archon also has the care of orphans and wards of state, +and of women who, on the death of their husbands, declare themselves to +be with child; and he has power to inflict a fine on those who offend +against the persons under his charge, or to bring the case before the +law-courts. He also leases the houses of orphans and wards of state +until they reach the age of fourteen, and takes mortgages on them; and +if the guardians fail to provide the necessary food for the children +under their charge, he exacts it from them. Such are the duties of the +Archon. + + + +Part 57 + +The King in the first place superintends the mysteries, in conjunction +with the Superintendents of Mysteries. The latter are elected in the +Assembly by open vote, two from the general body of Athenians, one from +the Eumolpidae, and one from the Ceryces. Next, he superintends the +Lenaean Dionysia, which consists of a procession and a contest. The +procession is ordered by the King and the Superintendents in +conjunction; but the contest is managed by the King alone. He also +manages all the contests of the torch-race; and to speak broadly, he +administers all the ancestral sacrifices. Indictments for impiety come +before him, or any disputes between parties concerning priestly rites; +and he also determines all controversies concerning sacred rites for +the ancient families and the priests. All actions for homicide come +before him, and it is he that makes the proclamation requiring polluted +persons to keep away from sacred ceremonies. Actions for homicide and +wounding are heard, if the homicide or wounding be willful, in the +Areopagus; so also in cases of killing by poison, and of arson. These +are the only cases heard by that Council. Cases of unintentional +homicide, or of intent to kill, or of killing a slave or a resident +alien or a foreigner, are heard by the court of Palladium. When the +homicide is acknowledged, but legal justification is pleaded, as when a +man takes an adulterer in the act, or kills another by mistake in +battle, or in an athletic contest, the prisoner is tried in the court +of Delphinium. If a man who is in banishment for a homicide which +admits of reconciliation incurs a further charge of killing or +wounding, he is tried in Phreatto, and he makes his defence from a boat +moored near the shore. All these cases, except those which are heard in +the Areopagus, are tried by the Ephetae on whom the lot falls. The King +introduces them, and the hearing is held within sacred precincts and in +the open air. Whenever the King hears a case he takes off his crown. +The person who is charged with homicide is at all other times excluded +from the temples, nor is it even lawful for him to enter the +market-place; but on the occasion of his trial he enters the temple and +makes his defence. If the actual offender is unknown, the writ runs +against 'the doer of the deed'. The King and the tribe-kings also hear +the cases in which the guilt rests on inanimate objects and the lower +animal. + + + +Part 58 + +The Polemarch performs the sacrifices to Artemis the huntress and to +Enyalius, and arranges the contest at the funeral of those who have +fallen in war, and makes offerings to the memory of Harmodius and +Aristogeiton. Only private actions come before him, namely those in +which resident aliens, both ordinary and privileged, and agents of +foreign states are concerned. It is his duty to receive these cases and +divide them into ten groups, and assign to each tribe the group which +comes to it by lot; after which the magistrates who introduce cases for +the tribe hand them over to the Arbitrators. The Polemarch, however, +brings up in person cases in which an alien is charged with deserting +his patron or neglecting to provide himself with one, and also of +inheritances and wards of state where aliens are concerned; and in +fact, generally, whatever the Archon does for citizens, the Polemarch +does for aliens. + + + +Part 59 + +The Thesmothetae in the first place have the power of prescribing on +what days the lawcourts are to sit, and next of assigning them to the +several magistrates; for the latter must follow the arrangement which +the Thesmothetae assign. Moreover they introduce impeachments before +the Assembly, and bring up all votes for removal from office, +challenges of a magistrate's conduct before the Assembly, indictments +for illegal proposals, or for proposing a law which is contrary to the +interests of the state, complaints against Proedri or their president +for their conduct in office, and the accounts presented by the +generals. All indictments also come before them in which a deposit has +to be made by the prosecutor, namely, indictments for concealment of +foreign origin, for corrupt evasion of foreign origin (when a man +escapes the disqualification by bribery), for blackmailing accusations, +bribery, false entry of another as a state debtor, false testimony to +the service of a summons, conspiracy to enter a man as a state debtor, +corrupt removal from the list of debtors, and adultery. They also bring +up the examinations of all magistrates, and the rejections by the demes +and the condemnations by the Council. Moreover they bring up certain +private suits in cases of merchandise and mines, or where a slave has +slandered a free man. It is they also who cast lots to assign the +courts to the various magistrates, whether for private or public cases. +They ratify commercial treaties, and bring up the cases which arise out +of such treaties; and they also bring up cases of perjury from the +Areopagus. The casting of lots for the jurors is conducted by all the +nine Archons, with the clerk to the Thesmothetae as the tenth, each +performing the duty for his own tribe. Such are the duties of the nine +Archons. + + + +Part 60 + +There are also ten Commissioners of Games (Athlothetae), elected by +lot, one from each tribe. These officers, after passing an examination, +serve for four years; and they manage the Panathenaic procession, the +contest in music and that in gymnastic, and the horse-race; they also +provide the robe of Athena and, in conjunction with the Council, the +vases, and they present the oil to the athletes. This oil is collected +from the sacred olives. The Archon requisitions it from the owners of +the farms on which the sacred olives grow, at the rate of +three-quarters of a pint from each plant. Formerly the state used to +sell the fruit itself, and if any one dug up or broke down one of the +sacred olives, he was tried by the Council of Areopagus, and if he was +condemned, the penalty was death. Since, however, the oil has been paid +by the owner of the farm, the procedure has lapsed, though the law +remains; and the oil is a state charge upon the property instead of +being taken from the individual plants. When, then, the Archon has +collected the oil for his year of office, he hands it over to the +Treasurers to preserve in the Acropolis, and he may not take his seat +in the Areopagus until he has paid over to the Treasurers the full +amount. The Treasurers keep it in the Acropolis until the Panathenaea, +when they measure it out to the Commissioners of Games, and they again +to the victorious competitors. The prizes for the victors in the +musical contest consist of silver and gold, for the victors in manly +vigour, of shields, and for the victors in the gymnastic contest and +the horse-race, of oil. + + + +Part 61 + +All officers connected with military service are elected by open vote. +In the first place, ten Generals (Strategi), who were formerly elected +one from each tribe, but now are chosen from the whole mass of +citizens. Their duties are assigned to them by open vote; one is +appointed to command the heavy infantry, and leads them if they go out +to war; one to the defence of the country, who remains on the +defensive, and fights if there is war within the borders of the +country; two to Piraeus, one of whom is assigned to Munichia, and one +to the south shore, and these have charge of the defence of the +Piraeus; and one to superintend the symmories, who nominates the +trierarchs arranges exchanges of properties for them, and brings up +actions to decide on rival claims in connexion with them. The rest are +dispatched to whatever business may be on hand at the moment. The +appointment of these officers is submitted for confirmation in each +prytany, when the question is put whether they are considered to be +doing their duty. If any officer is rejected on this vote, he is tried +in the lawcourt, and if he is found guilty the people decide what +punishment or fine shall be inflicted on him; but if he is acquitted he +resumes his office. The Generals have full power, when on active +service, to arrest any one for insubordination, or to cashier him +publicly, or to inflict a fine; the latter is, however, unusual. + +There are also ten Taxiarchs, one from each tribe, elected by open +vote; and each commands his own tribesmen and appoints captains of +companies (Lochagi). There are also two Hipparchs, elected by open vote +from the whole mass of the citizens, who command the cavalry, each +taking five tribes. They have the same powers as the Generals have in +respect of the infantry, and their appointments are also subject to +confirmation. There are also ten Phylarchs, elected by open vote, one +from each tribe, to command the cavalry, as the Taxiarchs do the +infantry. There is also a Hipparch for Lemnos, elected by open vote, +who has charge of the cavalry in Lemnos. There is also a treasurer of +the Paralus, and another of the Ammonias, similarly elected. + + + +Part 62 + +Of the magistrates elected by lot, in former times some including the +nine Archons, were elected out of the tribe as a whole, while others, +namely those who are now elected in the Theseum, were apportioned among +the demes; but since the demes used to sell the elections, these +magistrates too are now elected from the whole tribe, except the +members of the Council and the guards of the dockyards, who are still +left to the demes. + +Pay is received for the following services. First the members of the +Assembly receive a drachma for the ordinary meetings, and nine obols +for the 'sovereign' meeting. Then the jurors at the law-courts receive +three obols; and the members of the Council five obols. The Prytanes +receive an allowance of an obol for their maintenance. The nine Archons +receive four obols apiece for maintenance, and also keep a herald and a +flute-player; and the Archon for Salamis receives a drachma a day. The +Commissioners for Games dine in the Prytaneum during the month of +Hecatombaeon in which the Panathenaic festival takes place, from the +fourteenth day onwards. The Amphictyonic deputies to Delos receive a +drachma a day from the exchequer of Delos. Also all magistrates sent to +Samos, Scyros, Lemnos, or Imbros receive an allowance for their +maintenance. The military offices may be held any number of times, but +none of the others more than once, except the membership of the +Council, which may be held twice. + + + +Part 63 + +The juries for the law-courts are chosen by lot by the nine Archons, +each for their own tribe, and by the clerk to the Thesmothetae for the +tenth. There are ten entrances into the courts, one for each tribe; +twenty rooms in which the lots are drawn, two for each tribe; a hundred +chests, ten for each tribe; other chests, in which are placed the +tickets of the jurors on whom the lot falls; and two vases. Further, +staves, equal in number to the jurors required, are placed by the side +of each entrance; and counters are put into one vase, equal in number +to the staves. These are inscribed with letters of the alphabet +beginning with the eleventh (lambda), equal in number to the courts +which require to be filled. All persons above thirty years of age are +qualified to serve as jurors, provided they are not debtors to the +state and have not lost their civil rights. If any unqualified person +serves as juror, an information is laid against him, and he is brought +before the court; and, if he is convicted, the jurors assess the +punishment or fine which they consider him to deserve. If he is +condemned to a money fine, he must be imprisoned until he has paid up +both the original debt, on account of which the information was laid +against him, and also the fine which the court as imposed upon him. +Each juror has his ticket of boxwood, on which is inscribed his name, +with the name of his father and his deme, and one of the letters of the +alphabet up to kappa; for the jurors in their several tribes are +divided into ten sections, with approximately an equal number in each +letter. When the Thesmothetes has decided by lot which letters are +required to attend at the courts, the servant puts up above each court +the letter which has been assigned to it by the lot. + + + +Part 64 + +The ten chests above mentioned are placed in front of the entrance used +by each tribe, and are inscribed with the letters of the alphabet from +alpha to kappa. The jurors cast in their tickets, each into the chest +on which is inscribed the letter which is on his ticket; then the +servant shakes them all up, and the Archon draws one ticket from each +chest. The individual so selected is called the Ticket-hanger +(Empectes), and his function is to hang up the tickets out of his chest +on the bar which bears the same letter as that on the chest. He is +chosen by lot, lest, if the Ticket-hanger were always the same person, +he might tamper with the results. There are five of these bars in each +of the rooms assigned for the lot-drawing. Then the Archon casts in the +dice and thereby chooses the jurors from each tribe, room by room. The +dice are made of brass, coloured black or white; and according to the +number of jurors required, so many white dice are put in, one for each +five tickets, while the remainder are black, in the same proportion. As +the Archon draws out the dice, the crier calls out the names of the +individuals chosen. The Ticket-hanger is included among those selected. +Each juror, as he is chosen and answers to his name, draws a counter +from the vase, and holding it out with the letter uppermost shows it +first to the presiding Archon; and he, when he has seen it, throws the +ticket of the juror into the chest on which is inscribed the letter +which is on the counter, so that the juror must go into the court +assigned to him by lot, and not into one chosen by himself, and that it +may be impossible for any one to collect the jurors of his choice into +any particular court. For this purpose chests are placed near the +Archon, as many in number as there are courts to be filled that day, +bearing the letters of the courts on which the lot has fallen. + + + +Part 65 + +The juror thereupon, after showing his counter again to the attendant, +passes through the barrier into the court. The attendant gives him a +staff of the same colour as the court bearing the letter which is on +his counter, so as to ensure his going into the court assigned to him +by lot; since, if he were to go into any other, he would be betrayed by +the colour of his staff. Each court has a certain colour painted on the +lintel of the entrance. Accordingly the juror, bearing his staff, +enters the court which has the same colour as his staff, and the same +letter as his counter. As he enters, he receives a voucher from the +official to whom this duty has been assigned by lot. So with their +counters and their staves the selected jurors take their seats in the +court, having thus completed the process of admission. The unsuccessful +candidates receive back their tickets from the Ticket-hangers. The +public servants carry the chests from each tribe, one to each court, +containing the names of the members of the tribe who are in that court, +and hand them over to the officials assigned to the duty of giving back +their tickets to the jurors in each court, so that these officials may +call them up by name and pay them their fee. + + + +Part 66 + +When all the courts are full, two ballot boxes are placed in the first +court, and a number of brazen dice, bearing the colours of the several +courts, and other dice inscribed with the names of the presiding +magistrates. Then two of the Thesmothetae, selected by lot, severally +throw the dice with the colours into one box, and those with the +magistrates' names into the other. The magistrate whose name is first +drawn is thereupon proclaimed by the crier as assigned for duty in the +court which is first drawn, and the second in the second, and similarly +with the rest. The object of this procedure is that no one may know +which court he will have, but that each may take the court assigned to +him by lot. + + When the jurors have come in, and have been assigned to their +respective courts, the presiding magistrate in each court draws one +ticket out of each chest (making ten in all, one out of each tribe), +and throws them into another empty chest. He then draws out five of +them, and assigns one to the superintendence of the water-clock, and +the other four to the telling of the votes. This is to prevent any +tampering beforehand with either the superintendent of the clock or the +tellers of the votes, and to secure that there is no malpractice in +these respects. The five who have not been selected for these duties +receive from them a statement of the order in which the jurors shall +receive their fees, and of the places where the several tribes shall +respectively gather in the court for this purpose when their duties are +completed; the object being that the jurors may be broken up into small +groups for the reception of their pay, and not all crowd together and +impede one another. + + + +Part 67 + +These preliminaries being concluded, the cases are called on. If it is +a day for private cases, the private litigants are called. Four cases +are taken in each of the categories defined in the law, and the +litigants swear to confine their speeches to the point at issue. If it +is a day for public causes, the public litigants are called, and only +one case is tried. Water-clocks are provided, having small +supply-tubes, into which the water is poured by which the length of the +pleadings is regulated. Ten gallons are allowed for a case in which an +amount of more than five thousand drachmas is involved, and three for +the second speech on each side. When the amount is between one and five +thousand drachmas, seven gallons are allowed for the first speech and +two for the second; when it is less than one thousand, five and two. +Six gallons are allowed for arbitrations between rival claimants, in +which there is no second speech. The official chosen by lot to +superintend the water-clock places his hand on the supply tube whenever +the clerk is about to read a resolution or law or affidavit or treaty. +When, however, a case is conducted according to a set measurement of +the day, he does not stop the supply, but each party receives an equal +allowance of water. The standard of measurement is the length of the +days in the month Poseideon. The measured day is employed in cases +when imprisonment, death, exile, loss of civil rights, or confiscation +of goods is assigned as the penalty. + + + +Part 68 + +Most of the courts consist of 500 members; and when it is necessary +to bring public cases before a jury of 1,000 members, two courts +combine for the purpose, the most important cases of all are brought +1,500 jurors, or three courts. The ballot balls are made of brass with +stems running through the centre, half of them having the stem pierced +and the other half solid. When the speeches are concluded, the +officials assigned to the taking of the votes give each juror two +ballot balls, one pierced and one solid. This is done in full view of +the rival litigants, to secure that no one shall receive two pierced or +two solid balls. Then the official designated for the purpose takes +away the jurors' staves, in return for which each one as he records his +vote receives a brass voucher marked with the numeral 3 (because he +gets three obols when he gives it up). This is to ensure that all shall +vote; since no one can get a voucher unless he votes. Two urns, one of +brass and the other of wood, stand in the court, in distinct spots so +that no one may surreptitiously insert ballot balls; in these the +jurors record their votes. The brazen urn is for effective votes, the +wooden for unused votes; and the brazen urn has a lid pierced so as to +take only one ballot ball, in order that no one may put in two at a +time. + +When the jurors are about to vote, the crier demands first whether the +litigants enter a protest against any of the evidence; for no protest +can be received after the voting has begun. Then he proclaims again, +'The pierced ballot for the plaintiff, the solid for the defendant'; +and the juror, taking his two ballot balls from the stand, with his +hand closed over the stem so as not to show either the pierced or the +solid ballot to the litigants, casts the one which is to count into the +brazen urn, and the other into the wooden urn. + + + +Part 69 + +When all the jurors have voted, the attendants take the urn containing +the effective votes and discharge them on to a reckoning board having +as many cavities as there are ballot balls, so that the effective +votes, whether pierced or solid, may be plainly displayed and easily +counted. Then the officials assigned to the taking of the votes tell +them off on the board, the solid in one place and the pierced in +another, and the crier announces the numbers of the votes, the pierced +ballots being for the prosecutor and the solid for the defendant. +Whichever has the majority is victorious; but if the votes are equal +the verdict is for the defendant. Each juror receives two ballots, and +uses one to record his vote, and throws the other away. + +Then, if damages have to be awarded, they vote again in the same way, +first returning their pay-vouchers and receiving back their staves. +Half a gallon of water is allowed to each party for the discussion of +the damages. Finally, when all has been completed in accordance with +the law, the jurors receive their pay in the order assigned by the lot. + + + + +THE END + + + + + + + + + +End of the Project Gutenberg EBook of The Athenian Constitution, by Aristotle + +*** END OF THIS PROJECT GUTENBERG EBOOK THE ATHENIAN CONSTITUTION *** + +***** This file should be named 26095.txt or 26095.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/6/0/9/26095/ + +Produced by Al Haines + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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