Title:   THE ATHENIAN CONSTITUTION

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Author:   by Aristotle

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THE ATHENIAN CONSTITUTION

by Aristotle

translated by Sir Frederic G. Kenyon

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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. 

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


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feature of  their  lot; for, to speak generally, they had no part nor share in  anything. 

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  lifemagistracy to the  present

day. 

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


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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. 

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. 

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


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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 publicspirited in  all his other

actions, that when it  was within his power to put his  fellowcitizens 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. 

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 thankoffering.

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. 

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 tribekings. Each tribe was divided

into  three Trittyes  [=Thirds], with twelve Naucraries in each; and the  Naucraries had  officers of their own,


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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. 

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 votingpower, 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. 

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 twodrachma  piece. He also made weights corresponding with the coinage,

sixtythree minas going to the talent; and the odd three minas were  distributed among the staters and the

other values. 

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,


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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. 

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 godbuilt 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;


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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.

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 citizenroll, 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. 


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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 'clubbearers', as  they were  called, he made an attack with

them on the people and seized  the  Acropolis. This happened in the archonship of Comeas, thirtyone  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

openednegotiations 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  simpleminded 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

flowerseller 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. 

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. 

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


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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 'Taxfree  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.' 

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. 

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.


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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 basketbearer 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. 

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. 


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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

nineandforty years. 

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. 

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


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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 fellowdemesmen, 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. 

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 selfconfidence, 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. 


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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. 

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 heavyarmed troops, twenty  guardships, 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. 

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

lawcourts. In this revolution he was assisted by  Themistocles,  who was himself a member of the Areopagus,


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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. 

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 reestablished;  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. 

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,

fortyeight  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 lawcourts, 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

fellowdemesmen. 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


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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. 

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

lyremaker 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. 

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,


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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. 

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 nonsacred 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 Councilhouse 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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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. 

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  twentyfirst; 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 Councilhouse 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. 

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. 


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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 Lacedaemoniof  the whole of Euboea except Oreum, the indignation

of the  peoans  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. 

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  'lashbearers' 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 lawcourts. 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  evilminded 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. 


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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. 

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. 

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


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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. 

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 selfgovernment, 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. 

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


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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

publicspirited 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. 

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  tribekings  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  lawcourts, 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. 

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

lawcourts, 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


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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. 

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 thirtysix days  each, the last six for

thirtyfive, 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

olivebranch, 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. 


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Heralds and envoys appear first before the Prytanes, and the  bearers  of dispatches also deliver them to the

same officials. 

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 onethird 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. 

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 lawcourt, and Lysimachus  was  acquitted,

receiving henceforth the nickname of 'the man from  the  drumhead'; 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  lawcourt,  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 lawcourts 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 lawcourts. 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. 

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 masterbuilders 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 donationthat 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


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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  lawcourts. 

47

The Council also cooperates 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  Solonwhich is still in

forcethey 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 Kingarchon  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 pigeonholes the precise  list of the sums

which are to be paid and  struck off on that day, and  delivers it to the ReceiversGeneral.  The rest are kept

apart, in  order that no sum may be struck off before  it is paid. 

48

There are ten ReceiversGeneral (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 Councilchamber,

and give the tablets back to the public clerk. If  any one fails to pay his instalment, a note is made of it on the

tablet; and he is bound to pay double the amount of the deficiency,  or, in default, to be imprisoned. The

Council has full power by the  laws to exact these payments and to inflict this imprisonment. They  receive all

the instalments, therefore, on one day, and portion the  money out among the magistrates; and on the next day

they bring up the  report of the apportionment, written on a wooden noticeboard, and  read it out in the

Councilchamber, after which they ask publicly in  the Council whether any one knows of any malpractice in

reference to  the apportionment, on the part of either a magistrate or a private  individual, and if any one is

charged with malpractice they take a  vote on it. 

The Council also elects ten Auditors (Logistae) by lot from its  own members, to audit the accounts of the

magistrates for each  prytany. They also elect one Examiner of Accounts (Euthunus) by lot  from each tribe,

with two assessors (Paredri) for each examiner, whose  duty it is to sit at the ordinary market hours, each

opposite the  statue of the eponymous hero of his tribe; and if any one wishes to  prefer a charge, on either

public or private grounds, against any  magistrate who has passed his audit before the lawcourts, within  three

days of his having so passed, he enters on a whitened tablet his  own name and that of the magistrate


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prosecuted, together with the  malpractice that is alleged against him. He also appends his claim for  a penalty

of such amount as seems to him fitting, and gives in the  record to the Examiner. The latter takes it, and if

after reading it  he considers it proved he hands it over, if a private case, to the  local justices who introduce

cases for the tribe concerned, while if  it is a public case he enters it on the register of the  Thesmothetae.  Then,

if the Thesmothetae accept it, they bring the  accounts of this  magistrate once more before the lawcourt, and

the  decision of the  jury stands as the final judgement. 

49

The Council also inspects the horses belonging to the state. If a  man who has a good horse is found to keep it

in bad condition, he is  mulcted in his allowance of corn; while those which cannot keep up  or  which shy and

will not stand steady, it brands with a wheel on  the  jaw, and the horse so marked is disqualified for service. It

also  inspects those who appear to be fit for service as scouts, and  any one  whom it rejects is deprived of his

horse. It also examines the  infantry who serve among the cavalry, and any one whom it rejects  ceases to

receive his pay. The roll of the cavalry is drawn up by  the  Commissioners of Enrolment (Catalogeis), ten in

number, elected by  the  Assembly by open vote. They hand over to the Hipparchs and  Phylarchs  the list of

those whom they have enrolled, and these  officers take it  and bring it up before the Council, and there open

the sealed tablet  containing the names of the cavalry. If any of those  who have been on  the roll previously

make affidavit that they are  physically incapable  of cavalry service, they strike them out; then  they call up the

persons newly enrolled, and if any one makes  affidavit that he is  either physically or pecuniarily incapable of

cavalry service they  dismiss him, but if no such affidavit is made the  Council vote whether  the individual in

question is suitable for the  purpose or not. If they  vote in the affirmative his name is entered on  the tablet; if

not, he  is dismissed with the others. 

Formerly the Council used to decide on the plans for public  buildings and the contract for making the robe of

Athena; but now this  work is done by a jury in the lawcourts appointed by lot, since the  Council was

considered to have shown favouritism in its decisions. The  Council also shares with the Military Treasurer

the superintendence of  the manufacture of the images of Victory and the prizes at the  Panathenaic festival. 

The Council also examines infirm paupers; for there is a law which  provides that persons possessing less than

three minas, who are so  crippled as to be unable to do any work, are, after examination by the  Council, to

receive two obols a day from the state for their  support.  A treasurer is appointed by lot to attend to them. 

The Council also, speaking broadly, cooperates in most of the  duties  of all the other magistrates; and this

ends the list of the  functions of that body. 

50

There are ten Commissioners for Repairs of Temples, elected by  lot, who receive a sum of thirty minas from

the ReceiversGeneral, and  therewith carry out the most necessary repairs in the temples. 

There are also ten City Commissioners (Astynomi), of whom five  hold office in Piraeus and five in the city.

Their duty is to see that  female fluteand harpand luteplayers are not hired at more than  two  drachmas,

and if more than one person is anxious to hire the  same  girl, they cast lots and hire her out to the person to

whom the  lot  falls. They also provide that no collector of sewage shall shoot  any  of his sewage within ten

stradia of the walls; they prevent people  from blocking up the streets by building, or stretching barriers  across

them, or making drainpipes in midair with a discharge into  the street, or having doors which open

outwards; they also remove  the  corpses of those who die in the streets, for which purpose they  have a  body of

state slaves assigned to them. 


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51

Market Commissioners (Agoranomi) are elected by lot, five for  Piraeus, five for the city. Their statutory duty

is to see that all  articles offered for sale in the market are pure and unadulterated. 

Commissioners of Weights and Measures (Metronomi) are elected by  lot, five for the city, and five for

Piraeus. They see that sellers  use fair weights and measures. 

Formerly there were ten Corn Commissioners (Sitophylaces), elected  by lot, five for Piraeus, and five for the

city; but now there are  twenty for the city and fifteen for Piraeus. Their duties are,  first,  to see that the

unprepared corn in the market is offered for  sale at  reasonable prices, and secondly, to see that the millers  sell

barley  meal at a price proportionate to that of barley, and  that the bakers  sell their loaves at a price

proportionate to that  of wheat, and of  such weight as the Commissioners may appoint; for the  law requires

them to fix the standard weight. 

There are ten Superintendents of the Mart, elected by lot, whose  duty is to superintend the Mart, and to

compel merchants to bring up  into the city twothirds of the corn which is brought by sea to the  Corn Mart. 

52

The Eleven also are appointed by lot to take care of the prisoners  in the state gaol. Thieves, kidnappers, and

pickpockets are brought to  them, and if they plead guilty they are executed, but if they deny the  charge the

Eleven bring the case before the lawcourts; if the  prisoners are acquitted, they release them, but if not, they

then  execute them. They also bring up before the lawcourts the list of  farms and houses claimed as

stateproperty; and if it is decided  that  they are so, they deliver them to the Commissioners for Public

Contracts. The Eleven also bring up informations laid against  magistrates alleged to be disqualified; this

function comes within  their province, but some such cases are brought up by the  Thesmothetae. 

There are also five Introducers of Cases (Eisagogeis), elected by  lot, one for each pair of tribes, who bring up

the 'monthly' cases  to  the lawcourts. 'Monthly' cases are these: refusal to pay up a  dowry  where a party is

bound to do so, refusal to pay interest on  money  borrowed at 12 per cent., or where a man desirous of setting

up  business in the market has borrowed from another man capital to  start  with; also cases of slander, cases

arising out of friendly loans  or  partnerships, and cases concerned with slaves, cattle, and the  office  of

trierarch, or with banks. These are brought up as  'monthly' cases  and are introduced by these officers; but the

ReceiversGeneral  perform the same function in cases for or against  the farmers of  taxes. Those in which the

sum concerned is not more  than ten drachmas  they can decide summarily, but all above that amount  they

bring into  the lawcourts as 'monthly' cases. 

53

The Forty are also elected by lot, four from each tribe, before  whom  suitors bring all other cases. Formerly

they were thirty in  number,  and they went on circuit through the demes to hear causes; but  after  the oligarchy

of the Thirty they were increased to forty. They  have  full powers to decide cases in which the amount at issue

does not  exceed ten drachmas, but anything beyond that value they hand over  to  the Arbitrators. The

Arbitrators take up the case, and, if they  cannot  bring the parties to an agreement, they give a decision. If

their  decision satisfies both parties, and they abide by it, the  case is at  an end; but if either of the parties

appeals to the  lawcourts, the  Arbitrators enclose the evidence, the pleadings, and  the laws quoted  in the case

in two urns, those of the plaintiff in the  one, and those  of the defendant in the other. These they seal up  and,

having attached  to them the decision of the arbitrator, written  out on a tablet, place  them in the custody of the

four justices  whose function it is to  introduce cases on behalf of the tribe of  the defendant. These  officers take


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them and bring up the case before  the lawcourt, to a  jury of two hundred and one members in cases up to  the

value of a  thousand drachmas, or to one of four hundred and one in  cases above  that value. No laws or

pleadings or evidence may be used  except those  which were adduced before the Arbitrator, and have been

enclosed in  the urns. 

The Arbitrators are persons in the sixtieth year of their age;  this appears from the schedule of the Archons and

the Eponymi. There  are two classes of Eponymi, the ten who give their names to the  tribes, and the fortytwo

of the years of service. The youths, on  being enrolled among the citizens, were formerly registered upon

whitened tablets, and the names were appended of the Archon in whose  year they were enrolled, and of the

Eponymus who had been in course in  the preceding year; at the present day they are written on a bronze

pillar, which stands in front of the Councilchamber, near the Eponymi  of the tribes. Then the Forty take the

last of the Eponymi of the  years of service, and assign the arbitrations to the persons belonging  to that year,

casting lots to determine which arbitrations each  shall  undertake; and every one is compelled to carry through

the  arbitrations which the lot assigns to him. The law enacts that any one  who does not serve as Arbitrator

when he has arrived at the  necessary  age shall lose his civil rights, unless he happens to be  holding some

other office during that year, or to be out of the  country. These are  the only persons who escape the duty. Any

one who  suffers injustice at  the hands of the Arbitrator may appeal to the  whole board of  Arbitrators, and if

they find the magistrate guilty,  the law enacts  that he shall lose his civil rights. The persons thus  condemned

have,  however, in their turn an appeal. The Eponymi are also  used in  reference to military expeditions; when

the men of military  age are  despatched on service, a notice is put up stating that the men  from  suchand such

an Archon and Eponymus to suchand such another  Archon  and Eponymus are to go on the expedition. 

54

The following magistrates also are elected by lot: Five  Commissioners of Roads (Hodopoei), who, with an

assigned body of  public slaves, are required to keep the roads in order: and ten  Auditors, with ten assistants,

to whom all persons who have held any  office must give in their accounts. These are the only officers who

audit the accounts of those who are subject to examination, and who  bring them up for examination before

the lawcourts. If they detect  any magistrate in embezzlement, the jury condemn him for theft, and he  is

obliged to repay tenfold the sum he is declared to have  misappropriated. If they charge a magistrate with

accepting bribes and  the jury convict him, they fine him for corruption, and this sum too  is repaid tenfold. Or

if they convict him of unfair dealing, he is  fined on that charge, and the sum assessed is paid without increase,

if payment is made before the ninth prytany, but otherwise it is  doubled. A tenfold fine is not doubled. 

The Clerk of the prytany, as he is called, is also elected by lot.  He has the charge of all public documents, and

keeps the resolutions  which are passed by the Assembly, and checks the transcripts of all  other official papers

and attends at the sessions of the Council.  Formerly he was elected by open vote, and the most distinguished

and  trustworthy persons were elected to the post, as is known from the  fact that the name of this officer is

appended on the pillars  recording treaties of alliance and grants of consulship and  citizenship. Now, however,

he is elected by lot. There is, in  addition, a Clerk of the Laws, elected by lot, who attends at the  sessions of

the Council; and he too checks the transcript of all the  laws. The Assembly also elects by open vote a clerk to

read  documents  to it and to the Council; but he has no other duty except  that of  reading aloud. 

The Assembly also elects by lot the Commissioners of Public  Worship (Hieropoei) known as the

Commissioners for Sacrifices, who  offer the sacrifices appointed by oracle, and, in conjunction with the

seers, take the auspices whenever there is occasion. It also elects by  lot ten others, known as Annual

Commissioners, who offer certain  sacrifices and administer all the quadrennial festivals except the

Panathenaea. There are the following quadrennial festivals: first that  of Delos (where there is also a sexennial

festival), secondly the  Brauronia, thirdly the Heracleia, fourthly the Eleusinia, and  fifthly  the Panathenaea;

and no two of these are celebrated in the  same place.  To these the Hephaestia has now been added, in the


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archonship of  Cephisophon. 

An Archon is also elected by lot for Salamis, and a Demarch for  Piraeus. These officers celebrate the

Dionysia in these two places,  and appoint Choregi. In Salamis, moreover, the name of the Archon is  publicly

recorded. 

55

All the foregoing magistrates are elected by lot, and their powers  are those which have been stated. To pass

on to the nine Archons, as  they are called, the manner of their appointment from the earliest  times has been

described already. At the present day six  Thesmothetae  are elected by lot, together with their clerk, and in

addition to  these an Archon, a King, and a Polemarch. One is elected  from each  tribe. They are examined first

of all by the Council of Five  Hundred,  with the exception of the clerk. The latter is examined  only in the

lawcourt, like other magistrates (for all magistrates,  whether elected  by lot or by open vote, are examined

before entering  on their  offices); but the nine Archons are examined both in the  Council and  again in the

lawcourt. Formerly no one could hold the  office if the  Council rejected him, but now there is an appeal to

the lawcourt,  which is the final authority in the matter of the  examination. When  they are examined, they

are asked, first, 'Who is  your father, and of  what deme? who is your father's father? who is  your mother? who

is  your mother's father, and of what deme?' Then  the candidate is asked  whether he possesses an ancestral

Apollo and  a household Zeus, and  where their sanctuaries are; next if he  possesses a family tomb, and  where;

then if he treats his parents  well, and pays his taxes, and has  served on the required military  expeditions.

When the examiner has put  these questions, he proceeds,  'Call the witnesses to these facts'; and  when the

candidate has  produced his witnesses, he next asks, 'Does any  one wish to make any  accusation against this

man?' If an accuser  appears, he gives the  parties an opportunity of making their  accusation and defence, and

then puts it to the Council to pass the  candidate or not, and to the  lawcourt to give the final vote. If no  one

wishes to make an  accusation, he proceeds at once to the vote.  Formerly a single  individual gave the vote, but

now all the members  are obliged to  vote on the candidates, so that if any unprincipled  candidate has  managed

to get rid of his accusers, it may still be  possible for him  to be disqualified before the lawcourt. When the

examination has been  thus completed, they proceed to the stone on  which are the pieces of  the victims, and

on which the Arbitrators take  oath before declaring  their decisions, and witnesses swear to their  testimony.

On this stone  the Archons stand, and swear to execute their  office uprightly and  according to the laws, and

not to receive  presents in respect of the  performance of their duties, or, if they  do, to dedicate a golden  statue.

When they have taken this oath they  proceed to the  Acropolis, and there they repeat it; after this they  enter

upon  their office. 

56

The Archon, the King, and the Polemarch have each two assessors,  nominated by themselves. These officers

are examined in the lawcourt  before they begin to act, and give in accounts on each occasion of  their acting. 

As soon as the Archon enters office, he begins by issuing a  proclamation that whatever any one possessed

before he entered into  office, that he shall possess and hold until the end of his term. Next  he assigns Choregi

to the tragic poets, choosing three of the  richest  persons out of the whole body of Athenians. Formerly he

used  also to  assign five Choregi to the comic poets, but now the tribes  provide the  Choregi for them. Then he

receives the Choregi who have  been appointed  by the tribes for the men's and boys' choruses and  the comic

poets at  the Dionysia, and for the men's and boys'  choruses at the Thargelia  (at the Dionysia there is a chorus

for  each tribe, but at the  Thargelia one between two tribes, each tribe  bearing its share in  providing it); he

transacts the exchanges of  properties for them, and  reports any excuses that are tendered, if any  one says that

he has  already borne this burden, or that he is exempt  because he has borne a  similar burden and the period of

his  exemption has not yet expired, or  that he is not of the required  age; since the Choregus of a boys'  chorus


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must be over forty years  of age. He also appoints Choregi for  the festival at Delos, and a  chief of the mission

for the thirtyoar  boat which conveys the  youths thither. He also superintends sacred  processions, both that  in

honour of Asclepius, when the initiated keep  house, and that of the  great Dionysiathe latter in conjunction

with  the Superintendents of  that festival. These officers, ten in number,  were formerly elected by  open vote in

the Assembly, and used to  provide for the expenses of the  procession out of their private means;  but now one

is elected by lot  from each tribe, and the state  contributes a hundred minas for the  expenses. The Archon also

superintends the procession at the  Thargelia, and that in honour of  Zeus the Saviour. He also manages the

contests at the Dionysia and the  Thargelia. 

These, then, are the festivals which he superintends. The suits  and indictments which come before him, and

which he, after a  preliminary inquiry, brings up before the lawcourts, are as follows.  Injury to parents (for

bringing these actions the prosecutor cannot  suffer any penalty); injury to orphans (these actions lie against

their guardians); injury to a ward of state (these lie against their  guardians or their husbands), injury to an

orphan's estate (these  too  lie against the guardians); mental derangement, where a party  charges  another with

destroying his own property through unsoundness  of mind;  for appointment of liquidators, where a party

refuses to  divide  property in which others have a share; for constituting a  wardship;  for determining between

rival claims to a wardship; for  granting  inspection of property to which another party lays claim; for

appointing oneself as guardian; and for determining disputes as to  inheritances and wards of state. The

Archon also has the care of  orphans and wards of state, and of women who, on the death of their  husbands,

declare themselves to be with child; and he has power to  inflict a fine on those who offend against the

persons under his  charge, or to bring the case before the lawcourts. He also leases the  houses of orphans and

wards of state until they reach the age of  fourteen, and takes mortgages on them; and if the guardians fail to

provide the necessary food for the children under their charge, he  exacts it from them. Such are the duties of

the Archon. 

57

The King in the first place superintends the mysteries, in  conjunction with the Superintendents of Mysteries.

The latter are  elected in the Assembly by open vote, two from the general body of  Athenians, one from the

Eumolpidae, and one from the Ceryces. Next, he  superintends the Lenaean Dionysia, which consists of a

procession  and  a contest. The procession is ordered by the King and the  Superintendents in conjunction; but

the contest is managed by the King  alone. He also manages all the contests of the torchrace; and to  speak

broadly, he administers all the ancestral sacrifices.  Indictments for impiety come before him, or any disputes

between  parties concerning priestly rites; and he also determines all  controversies concerning sacred rites for

the ancient families and the  priests. All actions for homicide come before him, and it is he that  makes the

proclamation requiring polluted persons to keep away from  sacred ceremonies. Actions for homicide and

wounding are heard, if the  homicide or wounding be willful, in the Areopagus; so also in cases of  killing by

poison, and of arson. These are the only cases heard by  that Council. Cases of unintentional homicide, or of

intent to kill,  or of killing a slave or a resident alien or a foreigner, are heard by  the court of Palladium. When

the homicide is acknowledged, but legal  justification is pleaded, as when a man takes an adulterer in the act,

or kills another by mistake in battle, or in an athletic contest,  the  prisoner is tried in the court of Delphinium.

If a man who is in  banishment for a homicide which admits of reconcilliation incurs a  further charge of

killing or wounding, he is tried in Phreatto, and he  makes his defence from a boat moored near the shore. All

these  cases,  except those which are heard in the Areopagus, are tried by the  Ephetae on whom the lot falls.

The King introduces them, and the  hearing is held within sacred precincts and in the open air.  Whenever  the

King hears a case he takes off his crown. The person  who is  charged with homicide is at all other times

excluded from the  temples,  nor is it even lawful for him to enter the marketplace;  but on the  occasion of his

trial he enters the temple and makes his  defence. If  the actual offender is unknown, the writ runs against 'the

doer of the  deed'. The King and the tribekings also hear the cases in  which the  guilt rests on inanimate

objects and the lower animal. 


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58

The Polemarch performs the sacrifices to Artemis the huntress and  to  Enyalius, and arranges the contest at

the funeral of those who have  fallen in war, and makes offerings to the memory of Harmodius and

Aristogeiton. Only private actions come before him, namely those in  which resident aliens, both ordinary and

privileged, and agents of  foreign states are concerned. It is his duty to receive these cases  and divide them

into ten groups, and assign to each tribe the group  which comes to it by lot; after which the magistrates who

introduce  cases for the tribe hand them over to the Arbitrators. The  Polemarch,  however, brings up in person

cases in which an alien is  charged with  deserting his patron or neglecting to provide himself  with one, and

also of inheritances and wards of state where aliens are  concerned;  and in fact, generally, whatever the

Archon does for  citizens, the  Polemarch does for aliens. 

59

The Thesmothetae in the first place have the power of prescribing  on  what days the lawcourts are to sit, and

next of assigning them to  the several magistrates; for the latter must follow the arrangement  which the

Thesmothetae assign. Moreover they introduce impeachments  before the Assembly, and bring up all votes for

removal from office,  challenges of a magistrate's conduct before the Assembly,  indictments  for illegal

proposals, or for proposing a law which is  contrary to the  interests of the state, complaints against Proedri  or

their president  for their conduct in office, and the accounts  presented by the  generals. All indictments also

come before them in  which a deposit has  to be made by the prosecutor, namely,  indictments for concealment

of  foreign origin, for corrupt evasion  of foreign origin (when a man  escapes the disqualification by  bribery),

for blackmailing  accusations, bribery, false entry of  another as a state debtor, false  testimony to the service of

a  summons, conspiracy to enter a man as a  state debtor, corrupt  removal from the list of debtors, and adultery.

They also bring up the  examinations of all magistrates, and the  rejections by the demes and  the

condemnations by the Council. Moreover  they bring up certain  private suits in cases of merchandise and

mines,  or where a slave  has slandered a free man. It is they also who cast  lots to assign  the courts to the

various magistrates, whether for  private or public  cases. They ratify commercial treaties, and bring up  the

cases which  arise out of such treaties; and they also bring up  cases of perjury  from the Areopagus. The

casting of lots for the  jurors is conducted by  all the nine Archons, with the clerk to the  Thesmothetae as the

tenth,  each performing the duty for his own tribe.  Such are the duties of the  nine Archons. 

60

There are also ten Commissioners of Games (Athlothetae), elected  by lot, one from each tribe. These officers,

after passing an  examination, serve for four years; and they manage the Panathenaic  procession, the contest in

music and that in gymnastic, and the  horserace; they also provide the robe of Athena and, in conjunction

with the Council, the vases, and they present the oil to the athletes.  This oil is collected from the sacred

olives. The Archon  requisitions  it from the owners of the farms on which the sacred  olives grow, at  the rate of

threequarters of a pint from each  plant. Formerly the  state used to sell the fruit itself, and if any  one dug up

or broke  down one of the sacred olives, he was tried by the  Council of  Areopagus, and if he was condemned,

the penalty was  death. Since,  however, the oil has been paid by the owner of the farm,  the procedure  has

lapsed, though the law remains; and the oil is a  state charge upon  the property instead of being taken from the

individual plants. When,  then, the Archon has collected the oil for  his year of office, he  hands it over to the

Treasurers to preserve  in the Acropolis, and he  may not take his seat in the Areopagus  until he has paid over

to the  Treasurers the full amount. The  Treasurers keep it in the Acropolis  until the Panathenaea, when they

measure it out to the Commissioners  of Games, and they again to the  victorious competitors. The prizes for

the victors in the musical  contest consist of silver and gold, for the  victors in manly vigour,  of shields, and for

the victors in the  gymnastic contest and the  horserace, of oil. 


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61

All officers connected with military service are elected by open  vote. In the first place, ten Generals

(Strategi), who were formerly  elected one from each tribe, but now are chosen from the whole mass of

citizens. Their duties are assigned to them by open vote; one is  appointed to command the heavy infantry, and

leads them if they go out  to war; one to the defence of the country, who remains on the  defensive, and fights

if there is war within the borders of the  country; two to Piraeus, one of whom is assigned to Munichia, and

one  to the south shore, and these have charge of the defence of the  Piraeus; and one to superintend the

symmories, who nominates the  trierarchs arranges exchanges of properties for them, and brings up  actions to

decide on rival claims in connexion with them. The rest are  dispatched to whatever business may be on hand

at the moment. The  appointment of these officers is submitted for confirmation in each  prytany, when the

question is put whether they are considered to be  doing their duty. If any officer is rejected on this vote, he is

tried  in the lawcourt, and if he is found guilty the people decide what  punishment or fine shall be inflicted on

him; but if he is acquitted  he resumes his office. The Generals have full power, when on active  service, to

arrest any one for insubordination, or to cashier him  publicly, or to inflict a fine; the latter is, however,

unusual. 

There are also ten Taxiarchs, one from each tribe, elected by open  vote; and each commands his own

tribesmen and appoints captains of  companies (Lochagi). There are also two Hipparchs, elected by open  vote

from the whole mass of the citizens, who command the cavalry,  each taking five tribes. They have the same

powers as the Generals  have in respect of the infantry, and their appointments are also  subject to

confirmation. There are also ten Phylarchs, elected by open  vote, one from each tribe, to command the

cavalry, as the Taxiarchs do  the infantry. There is also a Hipparch for Lemnos, elected by open  vote, who has

charge of the cavalry in Lemnos. There is also a  treasurer of the Paralus, and another of the Ammonias,

similarly  elected. 

62

Of the magistrates elected by lot, in former times some including  the nine Archons, were elected out of the

tribe as a whole, while  others, namely those who are now elected in the Theseum, were  apportioned among

the demes; but since the demes used to sell the  elections, these magistrates too are now elected from the

whole tribe,  except the members of the Council and the guards of the dockyards, who  are still left to the

demes. 

Pay is received for the following services. First the members of  the  Assembly receive a drachma for the

ordinary meetings, and nine  obols  for the 'sovereign' meeting. Then the jurors at the lawcourts  receive  three

obols; and the members of the Council five obols. They  Prytanes receive an allowance of an obol for their

maintenance. The  nine Archons receive four obols apiece for maintenance, and also  keep  a herald and a

fluteplayer; and the Archon for Salamis  receives a  drachma a day. The Commissioners for Games dine in

the  Prytaneum  during the month of Hecatombaeon in which the Panathenaic  festival  takes place, from the

fourteenth day onwards. The  Amphictyonic  deputies to Delos receive a drachma a day from the  exchequer of

Delos.  Also all magistrates sent to Samos, Scyros,  Lemnos, or Imbros receive  an allowance for their

maintenance. The  military offices may be held  any number of times, but none of the  others more than once,

except the  membership of the Council, which may  be held twice. 

63

The juries for the lawcourts are chosen by lot by the nine  Archons,  each for their own tribe, and by the clerk

to the  Thesmothetae for the  tenth. There are ten entrances into the courts,  one for each tribe;  twenty rooms in

which the lots are drawn, two for  each tribe; a  hundred chests, ten for each tribe; other chests, in  which are


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placed the tickets of the jurors on whom the lot falls; and  two vases.  Further, staves, equal in number to the

jurors required,  are placed by  the side of each entrance; and counters are put into one  vase, equal  in number

to the staves. These are inscribed with letters  of the  alphabet beginning with the eleventh (lambda), equal in

number  to  the courts which require to be filled. All persons above thirty  years of age are qualified to serve as

jurors, provided they are not  debtors to the state and have not lost their civil rights. If any  unqualified person

serves as juror, an information is laid against  him, and he is brought before the court; and, if he is convicted,

the  jurors assess the punishment or fine which they consider him to  deserve. If he is condemned to a money

fine, he must be imprisoned  until he has paid up both the original debt, on account of which the  information

was laid against him, and also the fine which the court as  imposed upon him. Each juror has his ticket of

boxwood, on which is  inscribed his name, with the name of his father and his deme, and  one  of the letters of

the alphabet up to kappa; for the jurors in  their  several tribes are divided into ten sections, with approximately

an  equal number in each letter. When the Thesmothetes has decided by  lot  which letters are required to attend

at the courts, the servant  puts  up above each court the letter which has been assigned to it by  the  lot. 

64

The ten chests above mentioned are placed in front of the entrance  used by each tribe, and are inscribed with

the letters of the alphabet  from alpha to kappa. The jurors cast in their tickets, each into the  chest on which is

inscribed the letter which is on his ticket; then  the servant shakes them all up, and the Archon draws one

ticket from  each chest. The individual so selected is called the Tickethanger  (Empectes), and his function is

to hang up the tickets out of his  chest on the bar which bears the same letter as that on the chest.  He  is chosen

by lot, lest, if the Tickethanger were always the same  person, he might tamper with the results. There are

five of these bars  in each of the rooms assigned for the lotdrawing. Then the Archon  casts in the dice and

thereby chooses the jurors from each tribe, room  by room. The dice are made of brass, coloured black or

white; and  according to the number of jurors required, so many white dice are put  in, one for each five

tickets, while the remainder are black, in the  same proportion. As the Archon draws out the dice, the crier

calls out  the names of the individuals chosen. The Tickethanger is included  among those selected. Each

juror, as he is chosen and answers to his  name, draws a counter from the vase, and holding it out with the

letter uppermost shows it first to the presiding Archon; and he,  when  he has seen it, throws the ticket of the

juror into the chest  on which  is inscribed the letter which is on the counter, so that  the juror  must go into the

court assigned to him by lot, and not  into one chosen  by himself, and that it may be impossible for any  one to

collect the  jurors of his choice into any particular court. For  this purpose  chests are placed near the Archon, as

many in number as  there are  courts to be filled that day, bearing the letters of the  courts on  which the lot has

fallen. 

65

The juror thereupon, after showing his counter again to the  attendant, passes through the barrier into the

court. The attendant  gives him a staff of the same colour as the court bearing the letter  which is on his

counter, so as to ensure his going into the court  assigned to him by lot; since, if he were to go into any other,

he  would be betrayed by the colour of his staff. Each court has a certain  colour painted on the lintel of the

entrance. Accordingly the juror,  bearing his staff, enters the court which has the same colour as his  staff, and

the same letter as his counter. As he enters, he receives a  voucher from the official to whom this duty has

been assigned by  lot.  So with their counters and their staves the selected jurors  take their  seats in the court,

having thus completed the process of  admission.  The unsuccessful candidates receive back their tickets from

the  Tickethangers. The public servants carry the chests from each  tribe,  one to each court, containing the

names of the members of the  tribe  who are in that court, and hand them over to the officials  assigned to  the

duty of giving back their tickets to the jurors in  each court, so  that these officials may call them up by name

and pay  them their fee. 


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66

When all the courts are full, two ballot boxes are placed in the  first court, and a number of brazen dice,

bearing the colours of the  several courts, and other dice inscribed with the names of the  presiding magistrates.

Then two of the Thesmothetae, selected by  lot,  severally throw the dice with the colours into one box, and

those  with  the magistrates' names into the other. The magistrate whose  name is  first drawn is thereupon

proclaimed by the crier as assigned  for duty  in the court which is first drawn, and the second in the  second,

and  similarly with the rest. The object of this procedure is  that no one  may know which court he will have,

but that each may  take the court  assigned to him by lot. 

When the jurors have come in, and have been assigned to their  respective courts, the presiding magistrate in

each court draws one  ticket out of each chest (making ten in all, one out of each tribe),  and throws them into

another empty chest. He then draws out five of  them, and assigns one to the superintendence of the

waterclock, and  the other four to the telling of the votes. This is to prevent any  tampering beforehand with

either the superintendent of the clock or  the tellers of the votes, and to secure that there is no malpractice  in

these respects. The five who have not been selected for these  duties receive from them a statement of the

order in which the  jurors  shall receive their fees, and of the places where the several  tribes  shall respectively

gather in the court for this purpose when  their  duties are completed; the object being that the jurors may be

broken  up into small groups for the reception of their pay, and not  all crowd  together and impede one another. 

67

These preliminaries being concluded, the cases are called on. If  it is a day for private cases, the private

litigants are called.  Four  cases are taken in each of the categories defined in the law, and  the  litigants swear to

confine their speeches to the point at issue.  If it  is a day for public causes, the public litigants are called, and

only  one case is tried. Waterclocks are provided, having small  supplytubes, into which the water is poured

by which the length of  the pleadings is regulated. Ten gallons are allowed for a case in  which an amount of

more than five thousand drachmas is involved, and  three for the second speech on each side. When the

amount is between  one and five thousand drachmas, seven gallons are allowed for the  first speech and two for

the second; when it is less than one  thousand, five and two. Six gallons are allowed for arbitrations  between

rival claimants, in which there is no second speech. The  official chosen by lot to superintend the waterclock

places his  hand  on the supply tube whenever the clerk is about to read a  resolution or  law or affidavit or

treaty. When, however, a case is  conducted  according to a set measurement of the day, he does not  stop the

supply, but each party receives an equal allowance of  water. The  standard of measurement is the length of the

days in the  month  Poseideon.... The measured day is employed in cases when  imprisonment,  death, exile, loss

of civil rights, or confiscation of  goods is  assigned as the penalty. 

68

Most of the courts consist of 500 members...; and when it is  necessary to bring public cases before a jury of

1,000 members, two  courts combine for the purpose, the most important cases of all are  brought 1,500 jurors,

or three courts. The ballot balls are made of  brass with stems running through the centre, half of them having

the  stem pierced and the other half solid. When the speeches are  concluded, the officials assigned to the

taking of the votes give each  juror two ballot balls, one pierced and one solid. This is done in  full view of the

rival litigants, to secure that no one shall  receive  two pierced or two solid balls. Then the official designated

for the  purpose takes away the jurors staves, in return for which each  one as  he records his vote receives a

brass voucher market with the  numeral 3  (because he gets three obols when he gives it up). This is  to ensure

that all shall vote; since no one can get a voucher unless  he votes.  Two urns, one of brass and the other of

wood, stand in the  court, in  distinct spots so that no one may surreptitiously insert  ballot balls;  in these the

jurors record their votes. The brazen urn  is for  effective votes, the wooden for unused votes; and the brazen


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urn has a  lid pierced so as to take only one ballot ball, in order  that no one  may put in two at a time. 

When the jurors are about to vote, the crier demands first whether  the litigants enter a protest against any of

the evidence; for no  protest can be received after the voting has begun. Then he  proclaims  again, 'The pierced

ballot for the plaintiff, the solid  for the  defendant'; and the juror, taking his two ballot balls from  the stand,

with his hand closed over the stem so as not to show either  the  pierced or the solid ballot to the litigants, casts

the one  which is  to count into the brazen urn, and the other into the wooden  urn. 

69

When all the jurors have voted, the attendants take the urn  containing the effective votes and discharge them

on to a reckoning  board having as many cavities as there are ballot balls, so that the  effective votes, whether

pierced or solid, may be plainly displayed  and easily counted. Then the officials assigned to the taking of the

votes tell them off on the board, the solid in one place and the  pierced in another, and the crier announces the

numbers of the  votes,  the pierced ballots being for the prosecutor and the solid  for the  defendant. Whichever

has the majority is victorious; but if  the votes  are equal the verdict is for the defendant. Each juror  receives

two  ballots, and uses one to record his vote, and throws  the other away. 

Then, if damages have to be awarded, they vote again in the same  way, first returning their payvouchers and

receiving back their  staves.  Half a gallon of water is allowed to each party for the  discussion of the damages.

Finally, when all has been completed in  accordance with the law, the jurors receive their pay in the order

assigned by the lot. 

THE END 


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