THE ATHENIAN CONSTITUTION
by Aristotle
CHAPTER 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.
CHAPTER 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.
CHAPTER 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 appointed 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.
CHAPTER 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.
CHAPTER 5 -
Since such, then, was the organization of
the constitution, and the many were in slavery
to the few, the people rose against the upper
class. The strife was keen, and for a long
time the two parties were ranged in hostile
camps against one another, till at last,
by common consent, they appointed Solon to
be mediator and Archon, and committed the
whole constitution to his hands. The immediate
occasion of his appointment was his poem,
which begins with the words: -
I behold, and within my heart deep sadness
has claimed its place,
As I mark the oldest home of the ancient
Ionian race
Slain by the sword. -
In this poem he fights and disputes on behalf
of each party in turn against the other,
and finally he advises them to come to terms
and put an end to the quarrel existing between
them. By birth and reputation Solon was one
of the foremost men of the day, but in wealth
and position he was of the middle class,
as is generally agreed, and is, indeed, established
by his own evidence in these poems, where
he exhorts the wealthy not to be grasping.
-
But ye who have store of good, who are sated
and overflow,
Restrain your swelling soul, and still it
and keep it low:
Let the heart that is great within you be
trained a lowlier way;
Ye shall not have all at your will, and we
will not for ever obey. |
Indeed, he constantly fastens the blame of
the conflict on the rich; and accordingly
at the beginning of the poem he says that
he fears 'the love of wealth and an overweening
mind', evidently meaning that it was through
these that the quarrel arose.
CHAPTER 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
of 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.
CHAPTER 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 Exchequer 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, Anthemion 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.
CHAPTER 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.
CHAPTER 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 jury-courts; 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 12 -
The truth of this view of Solon's policy
is established alike by common consent, and
by the mention he has himself made of the
matter in his poems. Thus: -
I gave to the mass of the people such rank
as befitted their need,
I took not away their honour, and I granted
naught to their greed;
While those who were rich in power, who in
wealth were glorious
and great,
I bethought me that naught should befall
them unworthy their
splendour and state;
So I stood with my shield outstretched, and
both were safe in its
sight,
And I would not that either should triumph,
when the triumph was
not with right.
Again he declares how the mass of the people
ought to be treated: -
But thus will the people best the voice of
their leaders obey,
When neither too slack is the rein, nor violence
holdeth the sway;
For indulgence breedeth a child, the presumption
that spurns
control,
When riches too great are poured upon men
of unbalanced soul.
And again elsewhere he speaks about the persons
who wished to redistribute the land: -
So they came in search of plunder, and their
cravings knew no
bound,
Every one among them deeming endless wealth
would here be found.
And that I with glozing smoothness hid a
cruel mind within.
Fondly then and vainly dreamt they; now they
raise an angry din,
And they glare askance in anger, and the
light within their eyes
Burns with hostile flames upon me. Yet therein
no justice lies.
All I promised, fully wrought I with the
gods at hand to cheer,
Naught beyond in folly ventured. Never to
my soul was dear
With a tyrant's force to govern, nor to see
the good and base
Side by side in equal portion share the rich
home of our race.
Once more he speaks of the abolition of debts
and of those who before were in servitude,
but were released owing to the Seisachtheia:
-
Of all the aims for which I summoned forth
The people, was there one I compassed not?
Thou, when slow time brings justice in its
train,
O mighty mother of the Olympian gods,
Dark Earth, thou best canst witness, from
whose breast
I swept the pillars broadcast planted there,
And made thee free, who hadst been slave
of yore.
And many a man whom fraud or law had sold
For from his god-built land, an outcast slave,
I brought again to Athens; yea, and some,
Exiles from home through debt's oppressive
load,
Speaking no more the dear Athenian tongue,
But wandering far and wide, I brought again;
And those that here in vilest slavery
Crouched 'neath a master's frown, I set them
free.
Thus might and right were yoked in harmony,
Since by the force of law I won my ends
And kept my promise. Equal laws I gave
To evil and to good, with even hand
Drawing straight justice for the lot of each.
But had another held the goad as I,
One in whose heart was guile and greediness,
He had not kept the people back from strife.
For had I granted, now what pleased the one,
Then what their foes devised in counterpoise,
Of many a man this state had been bereft.
Therefore I showed my might on every side,
Turning at bay like wolf among the hounds.
-
And again he reviles both parties for their
grumblings in the times that followed: -
Nay, if one must lay blame where blame is
due,
Wer't not for me, the people ne'er had set
Their eyes upon these blessings e'en in dreams:-
While greater men, the men of wealthier life,
Should praise me and should court me as their
friend. -
For had any other man, he says, received
this exalted post, -
He had not kept the people back, nor ceased
Til he had robbed the richness of the milk.
But I stood forth a landmark in the midst,
And barred the foes from battle. |
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 16 -
Such was the origin and such the vicissitudes
of the tyranny of Pisistratus. His administration
was temperate, as has been said before, and
more like constitutional government than
a tyranny. Not only was he in every respect
humane and mild and ready to forgive those
who offended, but, in addition, he advanced
money to the poorer people to help them in
their labours, so that they might make their
living by agriculture. In this he had two
objects, first that they might not spend
their time in the city but might be scattered
over all the face of the country, and secondly
that, being moderately well off and occupied
with their own business, they might have
neither the wish nor the time to attend to
public affairs. At the same time his revenues
were increased by the thorough cultivation
of the country, since he imposed a tax of
one tenth on all the produce. For the same
reasons he instituted the local justices,
and often made expeditions in person into
the country to inspect it and to settle disputes
between individuals, that they might not
come into the city and neglect their farms.
It was in one of these progresses that, as
the story goes, Pisistratus had his adventure
with the man of Hymettus, who was cultivating
the spot afterwards known as 'Tax-free Farm'.
He saw a man digging and working at a very
stony piece of ground, and being surprised
he sent his attendant to ask what he got
out of this plot of land. 'Aches and pains',
said the man; 'and that's what Pisistratus
ought to have his tenth of'. The man spoke
without knowing who his questioner was; but
Pisistratus was so pleased with his frank
speech and his industry that he granted him
exemption from all taxes. And so in matters
in general he burdened the people as little
as possible with his government, but always
cultivated peace and kept them in all quietness.
Hence the tyranny of Pisistratus was often
spoken of proverbially as 'the age of gold';
for when his sons succeeded him the government
became much harsher. But most important of
all in this respect was his popular and kindly
disposition. In all things he was accustomed
to observe the laws, without giving himself
any exceptional privileges. Once he was summoned
on a charge of homicide before the Areopagus,
and he appeared in person to make his defence;
but the prosecutor was afraid to present
himself and abandoned the case. For these
reasons he held power long, and whenever
he was expelled he regained his position
easily. The majority alike of the upper class
and of the people were in his favour; the
former he won by his social intercourse with
them, the latter by the assistance which
he gave to their private purses, and his
nature fitted him to win the hearts of both.
Moreover, the laws in reference to tyrants
at that time in force at Athens were very
mild, especially the one which applies more
particularly to the establishment of a tyranny.
The law ran as follows: 'These are the ancestral
statutes of the Athenians; if any persons
shall make an attempt to establish a tyranny,
or if any person shall join in setting up
a tyranny, he shall lose his civic rights,
both himself and his whole house.'
CHAPTER 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.
CHAPTER 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 thegovernment. 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.
CHAPTER 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.
CHAPTER 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 supposed to be
under the curse of pollution. On this Cleisthenes
retired from the country, and Cleomenes,
entering Attica with a small force, expelled,
as polluted, seven hundred Athenian families.
Having effected this, he next attempted to
dissolve the Council, and to set up Isagoras
and three hundred of his partisans as the
supreme power in the state. The Council,
however, resisted, the populace flocked together,
and Cleomenes and Isagoras, with their adherents,
took refuge in the Acropolis. Here the people
sat down and besieged them for two days;
and on the third they agreed to let Cleomenes
and all his followers depart, while they
summoned Cleisthenes and the other exiles
back to Athens. When the people had thus
obtained the command of affairs, Cleisthenes
was their chief and popular leader. And this
was natural; for the Alcmeonidae were perhaps
the chief cause of the expulsion of the tyrants,
and for the greater part of their rule were
at perpetual war with them. But even earlier
than the attempts of the Alcmeonidae, one
Cedon made an attack on the tyrants; when
there came another popular drinking song,
addressed to him: -
Pour a health yet again, boy, to Cedon; forget
not this duty to do,
If a health is an honour befitting the name
of a good man and true.' |
'
CHAPTER 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.
CHAPTER 22 -
By these reforms the constitution became
much more democratic than that of Solon.
The laws of Solon had been obliterated by
disuse during the period of the tyranny,
while Cleisthenes substituted new ones with
the object of securing the goodwill of the
masses. Among these was the law concerning
ostracism. Four years after the establishment
of this system, in the archonship of Hermocreon,
they first imposed upon the Council of Five
Hundred the oath which they take to the present
day. Next they began to elect the generals
by tribes, one from each tribe, while the
Polemarch was the commander of the whole
army. Then, eleven years later, in the archonship
of Phaenippus they won the battle of Marathon;
and two years after this victory, when the
people had now gained self-confidence, they
for the first time made use of the law of
ostracism. This had originally been passed
as a precaution against men in high office,
because Pisistratus took advantage of his
position as a popular leader and general
to make himself tyrant; and the first person
ostracized was one of his relatives, Hipparchus
son of Charmus, of the deme of Collytus,
the very person on whose account especially
Cleisthenes had enacted the law, as he wished
to get rid of him. Hitherto, however, he
had escaped; for the Athenians, with the
usual leniency of the democracy, allowed
all the partisans of the tyrants, who had
not joined in their evil deeds in the time
of the troubles to remain in the city; and
the chief and leader of these was Hipparchus.
Then in the very next year, in the archonship
of Telesinus, they for the first time since
the tyranny elected, tribe by tribe, the
nine Archons by lot out of the five hundred
candidates selected by the demes, all the
earlier ones having been elected by vote;
and in the same year Megacles son of Hippocrates,
of the deme of Alopece, was ostracized. Thus
for three years they continued to ostracize
the friends of the tyrants, on whose account
the law had been passed; but in the following
year they began to remove others as well,
including any one who seemed to be more powerful
than was expedient. The first person unconnected
with the tyrants who was ostracized was Xanthippus
son of Ariphron. Two years later, in the
archonship of Nicodemus, the mines of Maroneia
were discovered, and the state made a profit
of a hundred talents from the working of
them. Some persons advised the people to
make a distribution of the money among themselves,
but this was prevented by Themistocles. He
refused to say on what he proposed to spend
the money, but he bade them lend it to the
hundred richest men in Athens, one talent
to each, and then, if the manner in which
it was employed pleased the people, the expenditure
should be charged to the state, but otherwise
the state should receive the sum back from
those to whom it was lent. On these terms
he received the money and with it he had
a hundred triremes built, each of the hundred
individuals building one; and it was with
these ships that they fought the battle of
Salamis against the barbarians. About this
time Aristides the son of Lysimachus was
ostracized. Three years later, however, in
the archonship of Hypsichides, all the ostracized
persons were recalled, on account of the
advance of the army of Xerxes; and it was
laid down for the future that persons under
sentence of ostracism must live between Geraestus
and Scyllaeum, on pain of losing their civic
rights irrevocably.
CHAPTER 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,
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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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,
the thirty 'local justices', 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.
CHAPTER 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.
CHAPTER 28 -
So long, however, as Pericles was leader
of the people, things went tolerably well
with the state; but when he was dead there
was a great change for the worse. Then for
the first time did the people choose a leader
who was of no reputation among men of good
standing, whereas up to this time such men
had always been found as leaders of the democracy.
The first leader of the people, in the very
beginning of things, was Solon, and the second
was Pisistratus, both of them men of birth
and position. After the overthrow of the
tyrants there was Cleisthenes, a member of
the house of the Alcmeonidae; and he had
no rival opposed to him after the expulsion
of the party of Isagoras. After this Xanthippus
was the leader of the people, and Miltiades
of the upper class. Then came Themistocles
and Aristides, and after them Ephialtes as
leader of the people, and Cimon son of Miltiades
of the wealthier class. Pericles followed
as leader of the people, and Thucydides,
who was connected by marriage with Cimon,
of the opposition. After the death of Pericles,
Nicias, who subsequently fell in Sicily,
appeared as leader of the aristocracy, and
Cleon son of Cleaenetus of the people. The
latter seems, more than any one else, to
have been the cause of the corruption of
the democracy by his wild undertakings; and
he was the first to use unseemly shouting
and coarse abuse on the Bema, and to harangue
the people with his cloak girt up short about
him, whereas all his predecessors had spoken
decently and in order. These were succeeded
by Theramenes son of Hagnon as leader of
the one party, and the lyre-maker Cleophon
of the people. It was Cleophon who first
granted the two-obol donation for the theatrical
performances, and for some time it continued
to be given; but then Callicrates of Paeania
ousted him by promising to add a third obol
to the sum. Both of these persons were subsequently
condemned to death; for the people, even
if they are deceived for a time, in the end
generally come to detest those who have beguiled
them into any unworthy action. After Cleophon
the popular leadership was occupied successively
by the men who chose to talk the biggest
and pander the most to the tastes of the
majority, with their eyes fixed only on the
interests of the moment. The best statesmen
at Athens, after those of early times, seem
to have been Nicias, Thucydides, and Theramenes.
As to Nicias and Thucydides, nearly every
one agrees that they were not merely men
of birth and character, but also statesmen,
and that they ruled the state with paternal
care. On the merits of Theramenes opinion
is divided, because it so happened that in
his time public affairs were in a very stormy
state. But those who give their opinion deliberately
find him, not, as his critics falsely assert,
overthrowing every kind of constitution,
but supporting every kind so long as it did
not transgress laws; thus showing that he
was able, as every good citizen should be,
to live under any form of constitution, while
he refused to countenance illegality and
was its constant enemy.
CHAPTER 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.
CHAPTER 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 Phylarchs,
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.
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