350 BC
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 he 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 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 sale 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 hound,
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 hack, 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 Athena
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
leased 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 very 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 de art, 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 year 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 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 twoobol 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,
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
da,
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 magi