GIFT or MICHAEL REESE Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/constitutionalanOOgilbrich j^i^^^ THE Constitutional Antiquities • OF SPARTA AND ATHENS BY Dr. GUSTAV gilbert • » ft Translated by E. J. BROOKS, M.A. Fellow of St. Johtis College T. NICKLIN, M.A. Late Scholar of St. fohtis College With an Introductory Note by J. E. SANDYS, LiTT.D. Public Orator in the University of Cambridge SWAN SONNEI^SCHEIN & CO NEW YORK: MACMILLAN & CO 1895 i' .y B0TLEE & TaNNBE, The Sblwood Feinting Wokks, ' Feome, akd London. 7^3^-2- INTRODUCTOEY NOTE. There are three different kinds o£ books which we may use in studying the Constitutional Antiquities of Greece. We may gather our information from articles in a Diction- ary of Antiquities ; or we may select the constitutional chapters in any comprehensive History of Greece ; or, lastly, we may consult a Handbook specially devoted to this topic alone. Articles in a Dictionary are certainly useful for the study of minute details, but information derived from this source is apt to be disconnected and unsystematic. Again, the constitutional chapters in a History do not usually dwell on points of detail, while the total space which a historian can afford to assign to con- stitutional subjects is generally only a small part of the entire work. It may also be observed that the constitu- tional portions of Grote's History of Greece^ originally published in 1846-1855, do not in any of the later editions take account of the important criticisms of Schomann, which appeared in 1854, and were translated into English in 1878, while, of course, they cannot include the results of more recent research in the same department of learn- ing. As compared with a Dictionary, a good Handbook is at least as minute, while it is much more systematic ; as compared with a History, it leaves much more room for full and comprehensive treatment. The popularity of vi Introductory Note. the Handbook as a means of study may be exemplified by tbe fact that Potter's Antiquities of Greece^ the early work of a future Archbishop of Canterbury, which was first published in 1697, passed through many editions and was long regarded as almost indispensable to the classical student. At the present day, one of the very best Handbooks of Greek Constitutional Antiquities is that produced, in two volumes, by Gustav Gilbeet, of Gotha, under the title : — Handhuch der Griechischen StaatsalterthUmer^ Leipzig (Teub- ner), 1881-5, the first volume containing the constitutions of Sparta and Athens. This important volume, the value of which has been widely recognised, has been considerably improved in the second edition, published in 1893. Not only has it been thoroughly revised by the light of recent research, but it has been further enriched by the results of the discovery and publication of Aristotle's Constitutio7i of Athens (1891), the value of which is duly estimated in a special introductory chapter. Gilbert's own account of the constitutions of Sparta and Athens is divided into two parts, (1) a sketch of the historical development of the constitution ; and (2) a detailed description of its component parts. It is interesting to notice that, in this division of the subject, he had unconsciously followed what we now know to have been the method adopted by Aristotle himself. In the notes, the ancient texts (in- cluding inscriptions) are generally quoted in full, while the references to the modem literature of the subject are usually limited to the best and the most accessible authori- ties, to the exclusion of inaccessible or obsolete works. For the constitutional history of Athens and Sparta, Gilbert's first volume has become a recognised text-book Introductory Note, vii in England, where tlie only drawback to its still wider usefulness is the fact that it is written in Grerman. This drawback is now removed by the translation which is here offered to the public by two of my former pupils. The translation, so far as I have compared it with the original, appears to have been executed with skill and accuracy, and with a due regard to the differences between German and English idiom. The only part which has been minutely examined by myself is the introductory chapter on Aristotle's Constitution of Athens^ where, besides revising the proof-sheets, I have added a few references to the more recent literature of the subject. I have also suggested a few addenda and corrigenda in other parts of the work. The volume, in its English dress, fully deserves to be warmly welcomed by every English student of Greek history, and to be extensively used in schools and colleges on either side of the Atlantic. J. E. SANDYS. Cambeidge, March, 1895. TRANSLATORS' PREFACE. In preparing this translation we have not felt authorized to add anything, or to make any alterations in the original text, beyond correcting a very few trivial details including those noted in the author's preface. We have, however, supplied a few references to some of the more accessible English works and translations, and also to the general literature of the subject. For almost all of these last we are indebted to Dr. Sandys, to whom we would here express our best thanks for the kind interest he has taken in the work. We have also considered it advisable for the convenience of readers to make the Index fuller and more complete than that of the German edition. In a few quotations from the ^kB-qvaimv noAireia the text of Dr. Sandys' edition (1893) has been used instead of that of Prof. Blass. To help the reader to find references to the German editions the paging of the first edition is given on the left- hand side at the top of each page, and the paging of the second edition on the right. In the transliteration of Greek words the ordinary English spelling has been retained in words that have become familiar to the general English reader, for instance, Thucy- dides, Corinth. In more unusual words such as Kerykes, Skyros, k is written wherever c might lead to mispronunciation. For the corrigenda on p. xix we can only ask the reader's indulgence, and hope that the list is complete. IX FEOM THE AUTHOR'S PREFACE. In this second edition of my Manual, as in the first, the Table of Contents and the Index are supplementary to one another ; nothing has been admitted into the Index which could not be readily found in the Table. The edition which I have used of Aristotle's 'AOrjvaLOiv UoXiTiia is that of Blass (1892). I was unable to make any use of Szanto's article on The Cleisthenian Trittyes in Hermes, 1892, p. 312 ff., or Milchhofer's investigations of Cleis- thenes' organization of the Demes in Ahhandl. der Berl. Akad.j 1892. M. Frankel's article in N. Eh. Mus., 1892, 473 ff. (cf. p. 12 1^), with whose conclusions I cannot agree ; J. E. Kirchner's on the Antigonis and Demetrias tribes in N. Eh. Mus., 1892, 550 if. (cf. p. 200^), Lolling's on More Psephisms of the time of the 13 tribes in 'Apx- SeXr., 1892, p. 42 (cf. p. 201i), and Dragumes' on the XcVxat in Mitth. d. dtsch. Inst, in Ath. 17, 147 ff. (cf. p. 106^), all appeared too late for me to avail myself of them. Bruno Keil's work, however, on The Solonian Constitution in Aristotle's Athenian Constitutional History, 1892, was available for the revision of the Introduction. I must ask the reader's indulgence for any mis- prints which may have escaped my notice. GUSTAV GILBERT. GoTHA, November, 1892. XI TABLE OF CONTENTS. INTRODUCTION. Aristotle's 'M-nvaluv UoXirela, xxi-1. THE LACEDEMONIAN STATE. I. HISTORY. Historical Development of the Lacedcemonian State wit\a Sketch of its Constitution under Roman Rule. AaKcoviK^ 3. Dorian immigration, Dual Kingship 4. Aigeidai 5. Synoikis- mos of Sparta 7. Conquest of Laoonia 10. Land tenure 11. Nobles at Sparta 12. Distinction between landed estates of the Nobles and KXrjpot of the Commons 13. Lycurgus 15. Establishment of the Ephorate 16. Statute of Theopompos 17. Partheniai 18. Terpandros, Tyrtaios 19. Development of Ephorate 20. Attempts at Revolution, Loss of Mes- senia 22. Statute of Epitadeus 23. Agis IV. and Cleomenes III., End of Royalty, Rule of Despots 24. Sparta under Roman Rule, Classifi- cation of Citizens, irarpovbixoL 25. 'e4>opoi, poixovXaK€s, ypafMfx'aTocp^Xa^, ^Ideoi, dyopavofwt 26. 7re5tai'6^ot, iTrifieXrjTal, Xoxayds^ iTnrdpxas, 7rp^(r/3us, al avvapxiai, €iJS 240. rapiiai tCov iepiov XP^/^'^''"'^'' "^V^ "'Adrjvaias 241. rafxiai rdv SlWwv deCov 242. 'E\\r]VOTapilaL 243. rajxlas tov drj/Jiov 244. ol iiri to dewpLKbv 245. ra/xias tQv CTpaTiumKwv 247. 6 iiri rrj SioiKrjaeL 248. Other treasurers, oi ivvia dpXovTes 250. dpx'^v 251. paaiXevs 253. TroXifxapxos 254. dea/xodirai 255. oi ^vdcKa 256. darvvofioi 258. dyopavbjxoL, fj.eTpov6p.ot. 259. Trpo/xerprjTai, r} irapavdfiwv 299. Legislation 301. irpo^oX-q 303. elaayyeXia 304. Full assemblies 307. &5eia 308. 6opd, Payment of tribute 424. elKoari^ 425. Liability of allies to personal military ser- vice, Tithes paid to the gods 426. Constitutions of allied States 427. Supreme court of justice 429. Presiding officers at lawsuits of allies 431. Judicial procedure in diKai a-vfi^oXatai. 432. B. The Second League. Development 435. Object, Constitution of the League 439. Procedure in the conduct of Federal affairs 441. Competence of Federal Council, 442. Federal imposts, 443. Supreme tribunal 444. C. The Athenian Cleruchies, History 445. Various forms of Cleruchies 446. Object 447. Method of planting Cleruchies, Their religious cults 448. Relation of CJeruchs to Athens 449. Constitutions of Cleruchies 450. Jurisdiction in Cleruchies 452. Appendix 454 Index 457 ADDENDA AND CORRiaENDA. p. 108, 1. 6. For " Phatries " read " Phratries." p. 117, 11. 3, 8 ; note 1, 11. 5, 9, 13, 15, 18, 27, 31, read « eKTtj'^opoi:' p. 1171. "EiKT7)ixbpoi. In Class. Rev., July, 1894, p. 296, Prof. H. Sidgwick maintains that the interpretation given in Liddell and Scott, " €KTr}fi6pioi, those who paid one-sixth of the produce as rent," founded on Plutarch, Sol., 13, and Hesychius, is confirmed by 'A^. IIoX., ch. 2, and also by Isocrates, Areopag., § 32. This interpretation, which is also that of Dr. Sandys, is supported by Mr. E. S. Thompson, in Class. Rev., Dec, 1894, p. 444. p. 121'^ 1. 9. For " ^ " read " ^." p. 1332, 1. 4. For " Kap " read " Af/)£." p. 136^ 1. 5. For " ^ " read " ^." pp. 136 and 141. Prof. H. Sidgwick, Class. Rev., 1894, pp. 333-6, suggests that of the 8 non-eponymous Archons two were drawn by lot from the 10 nominated by each tribe, that the chief Archon was chosen from each tribe in rotation (cf. Arist. 13, 2) and the concurrence of the Areopagus was required for his election. One tribe being violently antagonistic to the Eapatrids, a deadlock occurred in the fourth year. Damasias continued in office, with the acquiescence of the Areopagus, to get over the third dead- lock. But they did not approve his continuance in office for a third year, and after the compromise of the decemvirate simple election by the as- sembly was substituted for sortition. p. 1372, cf. p. 123. Gleue, de Homicid. in Areop. Athen. ludicio, Gottingen, 1894, supposes that the Areopagus' jurisdiction was never interrupted ; cf. Dem. 23, § 66. So Wayte, Class. Rev., 1894, pp. 462-3. p. 146 1 ult. For " Bernay's " read " Bernays." pp. 147-8. Szanto, Hermes, 1892, p. 312, from inscriptions and Arist. 21,4 makes it seem probable that the Paralian Trittyes lay along the coast, omitting Piraeus ; the Mesogaian from Parnes over the plain between Pentelicon and Hymettos ; while the Metropolitan comprised Athens and the neighbourhood, e.g. Piraeus and Lakiadai. p. 149^ For OIkov read Olov Ae/ceXei/cdi'. p. 1642. -poT " Swobeda " read " Swoboda." p. 1712. j^or " de Rep. Lac.'' read " de Rep. Ath.'' p. 175, 1. 14. Omit " to." p. 1773. For " did not pay the Demotikon " read " had no Deme-name." p. 185^ For Qpaav^oiXov read epacru^oi/Xy. p. 190, 1. 10. For " ; " read " , ". p. 195. For Dekeleiai read Dekeleieis. G. A. Xix C XX Addenda and Corrigenda. p. 204*. For " ceremony " read " payment." p. 2075. For " rr\v d-n/iapxov " read " t^u dvfxdpxovy p. 209, top. For " II. 198-9 " read "II. 231-2." p. 293*. For a further refutation of Hartel's hypothesis, see Arnold Hug, Studien aus d. Klass. AlterL, i. 104-132. For p. 308 (307*) sub fin. Miiller's Handb. 3, 196 read 5, 3, 196. p. 314^. For the earliest ephebic inscr. (b.c. 334-3), see Bull. Corr. Hell xiii 253. p. B48K Add " W. Larfeld, Griech. Epigraphik, p. 436 ff." INTEODUCTION. ARISTOTLE'S 'A©HNAION nOAITEIA. Between the appearance of the first and second editions of this volume came the discovery of the MS. of the ^A6r)vaLu>v IIoXiTcia, first published by Kenyon. As I have constantly quoted that treatise in this edition, it is my duty to review the controversy which has arisen as to its authorship and value, and to give in connected form my opinions on these points.^ With regard to the authorship, I hold that the work is an integral part of the Aristotelian collection of 158 Greek rEoXtretai. Nissen thinks that it was written by Aristotle and his pupils for the use of practical statesmen, to provide the imperial government of Alexander with materials for deciding constitutional questions in the various Hellenic States. But on the evidence at our disposal this cannot be positively affirmed, nor does it appear intrinsically probable.^ Numerous passages in ancient writers, which profess to be drawn from the 'AOrjvatwv ILoXiTeta that passed under the name of Aristotle, agree, some word for word, others in substance, with the statements of the newly discovered MS. Consequently, whoever denies the Aristotelian origin of the 'AdrjvaLwv IIoAtTcta, will at least have to admit that the anonymous author had made a very extensive use of Aristotle, had indeed for the most part copied him word for word. The work was composed after the year 1 That Aristotle was the author is denied by F. Cauer, Rat Arist. die ■ Schrift V. Staate der Ath. geschriehen ? 1891 ; and Blihl in N. Rhein. Mus., 1891," 426 m and the 18th suppl. vol. of Jahrb.f. d. Phil., 1892, p. 675 ff. 2 See Nissen's essay on Aristotle's political works in N. Rhein. Mus., 1892, p. 161 if. He has. been answered by Bruno Keil, die Solon. Verf. in Aristoteles Verfassungsgesch. Athens, p. 127 ff. xxi >^xii Introduction. 329/8, for Kephisophon, the Archon of that year, is mentioned by- name ; and before the year 322, for Eucleides' constitution is still in force, and therefore the revision of the constitution in B.C. 322 had not yet taken place : what is more, the Athenians are still in possession of Samos, which they lost in 322.^ It is clearly im- probable that, at a time when Aristotle was still living, some unknown writer should have felt called upon to give a fresh description of the Athenian constitution, availing himself largely of the Aristotelian 'A^T/mtW IToXtTcia, but replacing several parts of Aristotle's constitutional history by a new account, which, in the judgment of those who doubt the Aristotelian origin of the work, is of little value. Still less probable is it that, while the chronological indications just referred to belonged to the original Aristotelian 'A^ryvatW noXtTcta, the author of our treatise, writing long after Aristotle, thoughtlessly adopted these state- ments, although in several important points of constitutional history he departed from his authority and proceeded quite independently to give his own version.^ The slavish dependence shown in the one case must, I think, to every sober judgment exclude the probability of an unfettered independence in the other. For my own part, these arguments convince me that we possess in the newly discovered MS. the genuine Aristotelian ^AO-qvaim' TLoXtrua. In my opinion the only debatable question is whether the immediate author of the MS. was Aristotle himself, or one of his pupils — for in compiling his extensive work on the Greek noXtrciai, Aristotle no doubt availed himself of the assis- * For the agreement of Aristotle's Fragments with our MS., cf. Kenyon, Introd., xiv if., [and Sandys, 'A^. IIoX., Testimonia, and p. 256] . Kephisophon mentioned 54, 7. Eucleides' constitution still in force, 41, 1. On the revision of the constitution b.c. 322, see Diod. 18, 18 ; Plut., Phok., 28. Samos still an Athenian possession : 62, 2 ; lost 322 b.c, Diod. 18, 18 ; Diog. L., 10, 1. The attempt to fix the composition of the 'A^. IIoX. precisely between October 324 and July 323 (as in Nissen 197/8) seems to me a failure. See also Bruno Keil, 148 ff. Neither can I bring myself to insist on the year 325/4 as the terminus ante quern. Even if Athens possessed seven pen- teremes by that year (C.I.A., 809 d, 90), Arist. 46, 1 might easily pass them over, as they formed only an insignificant fraction of the Athenian fleet compared with the 360 triremes and 50 tetreremes. * The whole of the analytical part of the 'Ad. IIoX. is bas^d on the assumption of 10 tribes. Is it probable that the reviser who preserved so independent an attitude in regard to the constitutional history would altogether have ignored the increase of the tribes to 12, which took place in 306/5, if he had been writing after that date? Introduction. xxiii tance of his pupils.^ The distinction, however, is of no great importance, for this reason : Aristotle being responsible for the undertaking, would certainly not have passed his pupil's account of the 'AOrjvaiiiiv UoXiTiCa (if it was the work of a pupil) unless he approved of it. But unless Aristotle confined himself to a mere supervision of the whole — which we have no reason to assume — it is highly probable that he himself wrote the description of the Athenian constitution, the type of all democratic constitutions. In explanation of some trifling inconsistencies which may be found in the work, it is sufficient to assume that Aristotle died before he could complete his revision — an assumption which recommends itself by the evidence we possess for the date of the book. Probably no one would have hesitated to accept the *A^7yvaiW IIoAtTcta as an authentic work of Aristotle's, if the second half alone had been preserved to us : what has raised suspicion is contained in the historical part of the MS. While it is not likely to be disputed that Aristotle used the political insti- tutions of his own day as material for the analytical section,^ the question of the sources of the historical part is not so simple, and requires therefore some consideration. The historical part of the 'kOrivaioiv ILoXirua consists of narra- tive, of investigations and reflexions on political history, and of antiquarian discussions ; and, to state my opinion at once, it was derived not only from literary sources of a historical and political character, but also from original documents. I shall begin my examination of Aristotle's sources with the period from Peisistratos to Cleisthenes, for here it is easiest to attain tangible results. It is demonstrable that Aristotle used Herodotus ; he quotes him by * At all events Theophrastus was in ancient times considered to have helped Aristotle in the preparation of the noXireiai: Polyb. 12, 11, 5; 23, 8. [Susemihl, Quaest. Arist., ii 13, 1893 ; " ex mea sententia satis otiosum quaerere, utrum hie liber ex ipsius magistri calamo profectus sit an in eius schola sub eius tutela extiterit."] 2 For the assumption that Arist. did not put the last touches to the A^. HoX., cf. Bruno Keil, 50 ff., 196. 230, 2. 231, 1. The diKal ifiiroptKai were manifestly not ^fi/xrjpoi, according to Arist. cf. 52, 2. 3 with 59, 5. In 342 B.C. they were ^/ifx-^voi : (Dem.) 7, 12 ; in 397 they were not : Lys. 17, 5. 8. Bruno Keil, 232 note, thinks that for the passages cited above Arist. followed some authority earlier than 342 b.c. This seems scarcely probable : I should be much more inclined to believe that the diKal ^inropiKal had between 3J2 and 329/8 again ceased to be ^fi/arjvoL. XXIV Introduction, name, he agrees with him word for word in several passages — in the account of Peisistratos as well as of Cleisthenes.^ But in spite of this it cannot be said that Herodotus was' Aristotle's chief authority. We find repeatedly that, where Herodotus gives a detailed narrative, Aristotle's account is exceed- ingly brief and concise ; at other times Aristotle gives in detail what we do not find in Herodotus, or at least do not find treated with the same completeness. So also with Thucydides ; Aristotle shows an unmistakable acquaintance with his account of the despotism of the Peisistratidai, though there is nothing to prove that he actually copies Thucydides. It is true that the 1 Hdt. quoted : 14, 4. Cf . 14, 3/4 o^TTdi hk rr\% dpxvs ippi^fJ.€P7]s ofio- (p re rrjv dvyar^pa avTov X-^xj/erai, Karriyayev airrbv dpxaius Kal XLav dirXus. with Hdt. 1, 60. Kal TT}v TvpavvlBa oH ku Kdpra ippi- ^(jifiivriv ^xwi' diri^aXe, ol be i^eXdaavres JleKriaTpaTov aCris ck vhjs iir dXXrjXoKTi. ecTTaaiaaav. ■irepi.eXavv6iJ.evos 5e ry ardai b Mc7a/cX^7js iTreKtjpvKeiueTo lleivyov els tt)v dKpoTroXiv, b 8^ brj/xos 8vo p.kv ijnipas irpoaKade^o/xevos iiroXiopKei, ry 8^ rpiTT] KXeopi,ivr}v fi^v Kal Toi/s fier avrov irdvras dp(i)v iireardTei, ttjs dpxv^- Thuc. 6, 55 had explained 8t(. Trpea^OraTos &v 'lTiria$ ^p^€v, while ol iroWol regarded Hipparchos as the actual tyrant, perhaps on the strength of the Scolion in Allien., 15, 695 a.b. But Hdt. 5, 55 already has the true account. 2 Cf. 18, 3 with Thuc. 6, 57. — IdSvres rtvii ruv KOLVuvoivrtav t^s Kai ws eltbv riva. rdv ^wufioruv xpd^eus (piKavdpdTTWs ivTvyxdvovra ry ff(f>laai\ 17, 2 Xrjpodffiv (ol) dvya5evd^vTes wtt' ai/r^v vir^axovTO dvoiKodo/xijffal Kal de^d/xevoi Xpi^fiara Kai avvayayovres dvvafuv iiridevro rots neiaiaT par idais Kai vLKi^aavres fier'' ei5xapto'T?;ptcu»' TrXeidi'w;' dvipKoSo/xTjaav rep 6€<^ rb t^/jlcvos cL-s $tX6xopos iaropeTj to be compared with 19, 4 : dTroTiryx^fovres oSv (sc. oi 'AX^f/iewvtSai) ip diraai Tois dWois e/JLKTddxrajfTO rbv iv AeX0o7s veCjv o'lKodofieiv^ 6dev edTrbprjcrau x/aTjyudrw;' irpbs T7]v tQiv AuKdovuv porjdeLav. Cf . Isocr. 15, 232. 2 Hellanicos had already in his Atthis grouped events according to Archons. See Schol. Arist., Frogs, 706 : Toi>s avpvavfxaxwo-"'''"-^ 5o6\ovs 'EXXdj/iK6s (prjcriv eXevdepcadrjvai Kai iyypa(f>iuTas ws nXaraieis avfiiroKiTeveadaL avTois, dLe^tuv TO, iwl 'AvTiyivovs rod irpb KaWiov, whilst in Muller,/r. h. gr., 1 p. 56, /r. 80, the last words are omitted. In Philochoros we observe this frequently ; see/r. 90. 97. 98. 99. 107. 108. 111. 116. 117. 119. 132. 135. 144. Dating by Archons in Arist. 14, 1. 4. 17, 1 ; 21, 2. [Cf. Newman quoted by Sandys, 'Ad. TToX., p. Ivi ; and Wilamowitz, Ar. u. Afhen, i 276], 3 Cf . 17, 3. 4 : 18, 1 with Cleidemos as quoted page xxvi, note 1. * Plutarch is more detailed than Aristotle, and consequently can scarcely be following him. Compare 14, 2 with Plut., Sol., 30. Xe7eTai 5^ ^6\uva TLeiatffTpdTOv ry]v — drrrikdev elxdov, dJri tQv fiiv iari (pv\aKT]p aiTovvTos dvTiK^^ai Kai eiireiv, 6^0P dirrjXdep ets ttjp oidav ttjp 5TT}s ijp), d^LOVP 8k Kai roiis &XXovi dvpdp 6i/xepos ets top CTepuirop " ijxol rainb toCto Trocelp. fJ^p " ilirep " ws 8vpaTbp ^p ^e^oi^drjTaL rg iraTpLSi Kal tols i'6/xois," 16, 8. Plut., Sol, 31. ^p t€ ydp Toh aXXoi[s vporipeLTo] vdPTa Kai ydp i^dXarre roi/s nXeiaTovs p6/ju>vs 8ioiK€ip KaTd Toi>s pofxovs, ovSefxlap iavT<^ rod 'ZbXwpos iixjxhwp TrpuTos airrbt Kai irXeope^iap 8i8o6s, [KaL iroT]€ irpoa-KXrjdeis roiis 0fXous dpayKd^cop' 8s ye Kal 6pov SIktjp ets "Apeiop irdyop avTbs fih irpoaKXnideU f.h'Apet.op irdyov i)8-rj Tvpap- dvijPTTjcrep u>s diroXoyrjabixepos, b 8k irpox vir-qKovaep. Cf. Bruno Keil, 186 ff. [Schulthess, in Barsian's Jahrh. 1894, Ixxxi 153, regards it as very- doubtful whether Hermippos was the intermediate authority between Ar. and Plutarch.] 1 See Niese in hist. Zeitschrift, 1892, pp. 54/5. In 18, 1 Hipparchos is caUed ipuriKbi, and it might be supposed that eparjaiv, 6tl KKTfibv, 8$ iHdr} did T^v viro\}/iav tCov iv avyycpi}! fjiiv fiv XleiffiffTpdrov rod XXX Introduction. tion of the book we find a whole series of statements containing entirely novel information on various points of constitutional history. Among these, what has caused the greatest stir is Aristotle's account of the predominant position of the Areopagus after the battle of Salami s and until the year 462/1. Yet, taken strictly, this tells us no more than we knew already ; it is merely somewhat more distinctly put. According to Solon's constitution (and in this respect Cleisthenes probably made no alteration) the Areopagus had the supervision of the laws and the control of the administration. Just as the Areopagus intervened directly in the administration during the siege of Athens at the close of the Peloponnesian war, so in all probability it intervened in the critical year 480. What failed to affect the course of events in 404 B.C. was attended with conspicuous success in the war against Persia. It is in this circumstance, I think, that we find the natural explanation of the fact that the Areopagus, as the war proceeded, converted its general right of supervision of the ad- ministration into a direct control, thus usurping functions of the Boule, the Ecclesia, and the Dicasteries.^ After this supre- macy of the Areopagites had been accepted for seventeen years, though not without protest, Ephialtes in 462/1 deprived them of Tttis dvvdfieffiv, 8ti JletaicTparos h-qfia- rvpavvov Kal irptoTos i^ucTpaKicdrj^ too yiaybs Kal yxavov di^eXo^/xevoi. diroXuX^Kea-av, e| -^s TrXeiw ij rijs 'Attik^ wtpeXovvTo. 33, 1 with Thuc. 8, 97. KareXvaau roi)s TerpaKOfflovs Kal rk iv yvep {iKKXr]fflq.) Kal Toi*s rerpa- xxxii Introduction. Thirty Aristotle relates with far greater mimiteness than those during the government of the Four Hundred. Yet he has not used Xenophon for his account of the Thirty. His version is much shorter and much more condensed than Xenophon's, and yet in some particulars more exact. The two narratives repeatedly disagree. Whether the words of Theramenes quoted by Aristotle are a reminiscence of Xenophon, or whether the expression is historical, and so may have been taken by Aristotle from some other authority, cannot be determined. Aristotle's authority for this part of the work too was, I am convinced, an Atthis, and of this the chronological statements seem again to be evidence. But any employment of Ephoros is very doubtful.^ irp&yixaTa. irapiSojKav rots irevTaKia- Koa-iovs Karavaija-avTes toIs irevTaKia- XO\.iois Tois iK tQ}v 6ir\(j}v, \f/7]4>t.(Td/xevoi x'^''<"? i^r](f>l(xavTO ra irpdyfJt.aTa irapa' fiTldefxiav dpxv" ^^vai p.icdoti^ tu}vov(n irdvres Kal airrbs iv t^ 7ron^j iirl KaraX^a-ei toO Stjixov cwKfrafiivovi iKpivep, SoXwvos 6^vt[os] vdfiov . . . irepl avrCJv. To this law doubtless the clause belonged which according to Andok., de Myst., 95, was posted up iv rp (mfiXri (fXTpocrdev rod ^ovKevTTjpiov : — 6y &v dp^rj iv ttj iroKei rijs drjfJiOKpaTLas KaraXvdela-rjs, vrjiroivei Tedvdvai Kal tov diroKTclvavTa 8aiov dvai /cat ra Xp^/wtTtt Ix^*" ■'"^^ dirodavSvTos. On this Andok. remarks : &\\o tl oZv, Cj 'Btt^X^P*** ^ ''•''' ° diroKTdvas ere Kadapbs rds x^V^^ ^(Ttui, Kara ye rbv S6\wj/o$ vofiov ; Introduction. xxxv Niese is of opinion that the Solonian constitution was never re- duced to writing, the only record actaully dating from Solon's time being his legal code, which contained also what had been retained of Draco's laws. And this code, he believes, contained only clauses dealing with family-rights, inheritances, legal pro- cesses and penalties, and police arrangements. But even if we must admit that there was no written Solonian constitution, at least in any systematic form such as we find in modern States, still Niese's idea of the contents of Solon's laws is much too limited. Without dwelling on the fact that we have the contents of the Solonian tables described as ot Trept tij^v Up(i)v vofxoi, ol TToX-LTLKol V0yU,0l, aud Ot TTCpt TtOV iStWTlKCOV VOfXOL^ I thluk that a COdo of laws, which, in its regulations as to religion, prescribed the nature and the ritual of the sacrifices to be offered, cannot in the sphere of politics have remained silent upon constitutional ar- rangements.^ Niese himself admits that the laws presupposed a definite con- stitution, for which they may serve as evidence in so far as they enable us to draw inferences from them. Further, we have ex- plicit testimony that the Solonian laws dealt with the powers of the vavKpapoi. This being so, it is scarcely probable that in the laws no mention was made of the system of Trittyes and Naucrariai as such, or at any rate that it was impossible to obtain from these incidental clauses on the vavKpapot an accurate idea of their organization.^ Even if we suppose that in the Solonian laws the powers of the Areopagus were not systematically defined, it was certainly possible from various clauses of the laws to form a true estimate of the functions of the Areopagus, as Aristotle did. The introduction of an appeal from the decisions of the Archons to a popular court, which Aristotle ascribes to Solon, could surely have been inferred by Aristotle from the Solonian code, hence, on his own testimony, Solon's constitution is proved to be a democracy. 1 On the contents of the Solonian tables see Schol. on Plat., Pol., p. 298d. though there KvpSeLs and droves are erroneously distinguished. Suid. Kip^eis Art. 1. In Lys. 30, 17 we read : davixd^oj di, el fir] ivdvfieiTai, 6Vai/ ifji^ v i/o/awi/, which was founded on document- ary evidence, and this although the latter work went by his name, and certainly was partly edited by him. I maintain that the author need be no Aristotle to make such an assumption unten- able. And indeed it is refuted by the 'A^ryvatW TroXtrcta itself ; the author refers repeatedly to the laws of Solon, which, after what has just been said, he can scarcely be supposed to have borrowed from his literary authority. The peculiar character of the Aristotelian sketch of the Draconian, the Solonian and the Cleisthenian constitutions — where we miss many things that ought not to be absent from a systematic account, and find much that is of little intrinsic im- portance — may, I believe, be satisfactorily explained by supposing that the source on which Aristotle drew, was not a systematic work on the Athenian constitution, but a compilation of laws from which Aristotle gleaned for himself the character of the institu- tions of Athens.^ To this another consideration must be added. Jahrh. 53 p. 22 ; Nissen 183 ff. agrees. This joint authorship follows from the quotation by Arist. himself in Pol. 8 (5) 9 = p. 214, 21 ff. Bekker: dTrXcDs 5^ 6aa. iv rots vo/xois ws avfKp^povra Xiyofiev rats TroAireiats, dwavra raOra a-dj^ei ras TroXtTelas ; and from Philodem., JRhet. (Vol. Hercul. v. fol. 147) 11 ff. : TTWS [5'] ovxL 6avfi[aa]iJ.b[u] iu^u Keifxii/uu, ovdeu yap avrovs 5et ^rjTeLU iripovs, dXXd tous irapd rots dXXoLS evdoKL/xovvras ireipadrjuat cvvayayeiv. ^ Beference to Solonian laws, 8, 3. 4. 5 ; 16, 10. Mention of Cleisthenian laws, 22, 1. In Pint., /5'oZ.,31, we read: d>s 5^ Qeorppaaros ia-ToprjKe, Kai rbv tt^s dfjyias vofwv ov SdAwj* ^JrjKev, dXXd UeiaiaTpaTos, i^ T-rjv re xwpaj/ iuepyor^pav Kal xxxviii Introduction. The crwaycoy^ tcoi/ vofjuav and the avvaywyrj T(oj/ TroXtTCtcoi/ undoubtedly supplemented each other ; accordingly, much that we now miss in the 'AOrjvaLOiv iroknda must have been found in the 'A^ryvatwi/ vo/x.ot. Aristotle therefore made his deductions from the provisions of the Solouian laws, and inferred from them the political institutions of Athens under the Solonian constitution, and the same observa- tion will hold of the laws of Draco and Cleisthenes. It is there- fore not impossible that one or two of his conclusions rested on insecure premisses, and would to-day appear rash inferences if we had the means of testing them. But in the absence of such means, conjectures of our own are certainly less trustworthy than Aristotle's conclusions, founded, as they are, on evidence such as this. In one case only has the philosopher permitted us a glimpse of the methods by which he arrived at his conclusions, and this bears out what has been said above. Aristotle informs us that Solon directed the magistrates to be taken from the three highest census- classes, c/caorots ava Xoyov Tw fxeyeOet tov TLfxyfiaro^ aTroSiSov? [rrjv dp]xrjv. This, as Aristotle himself remarks, is an inference from the clause in Solon's laws, that the treasurers of the goddess should be chosen from the Pentacosiomedimnoi, probably taken in connexion with the fact that in the year 457 the archonship was thrown open to the Zeugitai.^ If all Aristotle's conclusions are as well founded — and this they seem to be, since he gives his data for this particular conclusion as being in his judgment not TTjv TC)\tv TjpefiaioTepav eirolrjaev. 16, 2. 3 is apparently an inference from this law. Arist., Pol., 6 (4), 1, p. 146, 17 ff. Bekker, says : irph^ 7a/) ras iroXLTeias rods vdfiovs del ndeadai, Kal ridevTai irdvTes, d\\' ov tols TroXcTeias irpos roiis v6/j.ovs. iroXtreia fih yap icm rctfis rais irdXeaiv i) irepl rets dpxds, riva rpdirov vevefxrjvTaL Kal tL rb Kvpiov ttjs iroXiTeias Kal tL to reXos e/cdarTjs rijs Koivupias iariv v6/j.ol 8^ K€x<>}pi-(J'pi'^yoi. tG)v drfKo^vTwv rrju voXiTeiav, Kad' o9s Set robs Apxopras &pX^i-^ ko-i- s alped^vras ^ypacpev Kal toi>s irarplovi v6fJ.ov$, oOs KXeiad^vTjs i67]K€v, ore KadiffTT] TTjv SrifioKpaTiav, Stus (BL^y aKo^aavres Kal to&tuv ^ovKeicdivTai rb Apiaroy. Cleitophon, who in 404 was still a supporter of the Trdrpios TroXtret'a (34, 3), included in it therefore the laws of Cleisthenes. In the draft of the pro- visional constitution for the year 411, which enacted ^ovXeveip /j^v rerpa- KoaLovs Kara to. irdrpia (31, 1), to, iraTpia meant the Solonian constitution. ^ In 29, 3 he remarks upon Cleitophon's amendment mentioned in the pre- ceding note : ws oi) drjfiOTiKrjv dXXa irapairXrja-iav odaav tt]v KXeicxd^vovs iroKiTdav T3 SoXw^/os. In 20, 1 he says Toirrwv U yevofi^vuv {i.e. through the institutions of Cleisthenfes) brnxoriKwripa irdki) t^s "LbXwvos iy^vero ij iroKiTela. Cf. 41, 2. Of the time of the supremacy of the Areopagus he says, 23, 2 : Kal iiroKiTevdrjaav 'Xdr]vaiOL KoXQs Kal KaroL toijtovs toi)s Kaipovs, with which Isocr. 7, 15, 17 is to be compared. The last words of Arist. compare that period with the time after the overthrow of the Four Hundred, of which he says, 33, 2 : doKovai 5k KaXQs TroKiTevdrivaL Karat, ro&rovs roi/s Kaipovs. The same opinion in Thuc. 8, 97. The basis of the constitution of that date is described by Arist. 33, 1 in the Introduction. xH But the TTctrpto? 7ro\tT€ta of Theramenes was very far from satisfying the oligarchs of the hetairiai and the returned exiles. They had formed very different ideas of the constitution of their ancestors, which it was their endeavour to restore. Beyond question they regarded even Solon's constitution as a corruption of the TTttTpios TToXtTcta, and it seems as though Critias gave literary expression to this idea. Whether this was done, as Diimmler supposes, in order to furnish the Thirty with a programme, or rather, as appears to me more probable, to win Lysander over to the views of the oligarchs, is better left undecided. Neither can we determine whether this work appeared in the form of an *AOr)vaLoyv TroXtrcta or of a pamphlet. Traces of it are to all appear- ance still discernible in the Aristotelian ^KO-qvannv TroXiTeia. Critias accused Themistocles and Cleon of directing the policy of their country with a view to their own pecuniary advantage : and this may be the best place to mention Aristotle's statement that the same accusation had been brought by some against Solon. So too the accusation, referred to but contradicted by Aristotle, that Solon intentionally made his laws obscure and ambiguous in order that the Dicasteries might have more left to their discretion, seems to come from the Thirty, who struck out of Solon's laws those pro- words: Kal rb, Trpdyfiara irapi^wKav toIs Trej/ra/ctcrxtX^ots rots iK tQv SttXcju, \pr}(pLs Kal ttj 7r6Xet irdcrri TraTpiKus xpw/ievous. See also 32, 2; 33, 2; 34, 3; 36. According to Isocr. 7, 16/7 Solon and Cleisthenes were the founders of the Trarptos TroXtreia. xHi Introduction. visions which were likely to give rise to controversy. Hence Dummler's idea, that Critias may be taken to be one of the critics referred to, appears highly probable.^ According to the oligarchs, therefore, even the Solonian con- stitution was a corruption of the Trarptos TroXircta ; Solon brought about the o-cto-ax^cta in order to enrich himself ; the prohibition of hav€L^€iv cTTt Tot? (Tco/Aaort Tcmovcd oue of tho most important sup- ports of the rule of the aristocracy over the Demos ] the right of appeal to the Ecclesia against irregularities on the part of officials weakened the magistrates' power ; and the institution of popular law-courts made the Demos master of the administration.^ On the other hand, to the eyes of the oligarchical party, the character of the rule of the Peisistratidai was not so black as the democrats painted it. Isagoras, Cleisthenes' opponent and the head of the oligarchs, was a friend of the Tyrants ; and ostracism was introduced by Cleisthenes as a weapon against those members of powerful aristocratic families who were friends of the Tyrants.^ Traces of the sympathy of the oligarchs for the Tyrants are to be seen in the traditional history. The traditional accounts agree in saying that Peisistratos administered the State in a moderate spirit. Compared with the government of his sons, his reign seemed like the golden age of Cronos."* But the oligarchic version went farther than this. Whilst the popular tradition affirmed that Aristogeiton and Harmodios re-established the Athenian ^ Cf . Diimmler's arguments in Herm., 1892, p. 260 ff., where he has col- lected everything which seems to show any trace of Critias' work. Critias' judgment of Themistocles and Cleon in Mli&n, Var. Hist., 10, 17. On the reproach against Solon of improperly enriching himself, see Arist. 6 ; Pint., Sol., 15; on the intentional obscurity of his laws, Arist. 9, 2, compared with 35, 2. [On Critias, cf. Wilamowitz, Ar. v. Athen., i 174.] 2 On Solon's enriching himself by the o-eto-dx^eta see 6, 2 ; Plut., Sol., 15. For the three dij/jLortKUTaTa of Solon's mentioned in the text, cf. Arist. 9 and p. 138. ^ On the opinion held by the Demos as to the Tyrants, see Thuc. 6, 53 : on Isagoras, Arist. 20, 1 ; on the object of ostracism, 22, 3-6. ^ The opinion about Peisistratos, Hdt. 1, 59 ; Thuc. 6, 54; Arist. 16, 2. 16, 7 says of him : 8ib kuI iroWdKis €d[pv]W[e2]T0, ws 17 Heiaia-Tpdrov rvpavvis 6 iiri Kp6v[ov] ^ios eirj ' avv^^rj yap ijcrrepop 8La[de^afji.€V(i}v] tQu vUuiv iroWi^yepicrdaL Tpaxvripav Tr]u dpxw- The contrast is here so pointed that Niese p. 48, 1 must be mistaken in assuming that Arist. borrowed this expression from Plat., Hipparch., 229. For there the entire time of the Peisistratids, with the exception of the years after Hipparchos' murder, is compared to the age of Cronos. The words by which the saying is introduced in Plat., Hipparch., Kol iravTUip hv tQv iraKaiQp iJKov(Tas refer, I believe, to a written tradition. Introduction. xliii democracy by killing Hipparchos, in the oligarchic account the latter figured as an innocent victim, and his death was therefore held to justify Hippias' subsequent despotism. According to the version adopted by Aristotle, it was not Hipparchos, the patron of poetry and of poets, who insulted Harmodios, but his younger brother, the violent Thessalos, who was not one of the ruling members of the family at all. Another form of the tale was to the effect that Aristogeiton and Harmodios murdered Hipparchos,^ because a handsome and noble youth, of whom Harmodios had been enamoured, had deserted him for Hipparchos. But the democratic tradition also found expression in a literary form. Whether this appeared in reply to the work of Critias above mentioned, seems very questionable ; and not less question- able is the attempt to father this literary embodiment of the democratic tradition on some particular author, as Diimmler endeavours to do. We know however that Euphranor, after the battle of Mantinea, painted the walls of the Stoa of Zeus Eleu- therios in the agora at Athens, and on the one wall represented Theseus, Democracy, and the Athenian Demos^ — while the sub- scription declared Theseus to be the founder of the Athenian democracy. Hence, by that date, this must have been the belief officially accepted at Athens, and this undoubtedly implies that it already had a literary foundation.^ To all appearances, however, this belief, that Theseus was the founder of the Athenian de- 1 For the popular tradition cf. the scolion in honour of Aristogeiton and Harmodios in Athen. 15, 695a. Thessalos insulted Harmodios according to 18, 2 : cf. Hude in Jahrb. f. cl. Phil, 1892, p. 171 ff. The other version appears in Plat., HipparcL, 229, which, in contrast to what oi ttoXKoI be- lieved, was accepted Virb tQv xoi-pi-^o'Tepcov avdpuiirwv. Olxa-pt-^vres, a euphemistic expression for the oligarchs, Arist., Pol., 2, 7=p. 39, 25 Bekker ; Plut., Phok., 29, Dion 28. ol xo-pi-^<^TaToi, Diod. 11, 86, 87. Hipparchos the friend of poetry and poets, 18, 1, and Plat., Hipparch., 228. According to Niese 48, Arist. borrowed this statement from Plat., Hipparch. But there Hip- parchos is again t(2v UeiaiaTpdrov iralbwv irpea^ijTaTos. 2 See Diimmler 276 ff. On the pictures of Euphranor in the Stoa of Zeus Eleutherios, see Pans., 1, 3, 3-4. Since Euphranor also depicted an episode in the battle of Mantinea, the painting must have been executed after that battle, though probably not very long after. Pans. 1, 3, 3 says : iirl 8^ T

6p(av Kal tQv TcXwv indicates the two chief sources of public revenue, while dwb rOiv avp.p.dxpovpl5es and 20 transport ships, there would be over 200 virrjpeTai (see page 327). Hence the authority followed by Aristotle (who in this place gives us much valuable informa- tion, apart from the question of pay) was perhaps not quite so worthless as Kohler thinks. At most the error in Aristotle's calculation is that the military officers and subalterns are perhaps already counted among the troops. 1 The introduction of the Dicasts' fee is attributed by Arist. 27, 3-4 to Pericles, who proposed it from personal motives. The authorities for the consequences of this step are cited as rij'es, but Arist. evidently agrees with them. He apparently regards (27, 5) rb dcKd^eiv also as a consequence of the SiKacTT'rjpi.a having become x^'P" through the introduction of pay. For the further consequences of State-pay cf . 27, 2 ; 41, 2-3. 2 The caLse of the development of democracy after 462 b.c, 26, 1. In the words d\\' (xvtCjv irpoeaTavai Kifiuva rbv MtXrtdSou, vewrepov 6vTa Kal vpbs 1 Introduction, This is not the place to discuss the chronological details of the book, and their bearing on the general history of Athens. But, in forming an opinion about them, we must not forget that in all probability they are taken from an earlier Atthis^ and therefore represent the oldest systematized chronological tradition which we possess.^ rT)v irSXiv 6^k irpoaeKdbvTa^ vedyrepos means " too inexperienced," sc. in Trpoeardvai (cf. Plat., Phileb., 13, Kal (f)avou/x€dd ye veibrepoL rod Siovros), and Kal is the " explanatory «:a/"="for lie had not devoted himself to home politics till late in life" (cf. Arist., Plut., 29, kukuis ^irparTov Kal tt^ptj^ ^v=I did not fare well, that is, I was poor). The passage aiel awi^aivev tCjv i^ibvToiv dvd Sicrx'^'ous fj Tpivov. Cf. also Strab. 866. Hdt. 9, 33, 35 is true of later times only. lO GiLHEUT I. 10, 11.] Historical. [Gilbert II. 11. Sparta as a conquering State; and the peculiar ideas held by the Spartans about the employment of a subjugated district are suffi- cient proof that such was the case, apart from tho various isolated statements of our authorities.^ The division and allotment of the territory conquered by Sparta naturally took place under the authority of the State itself, and just as naturally the State as a general rule divided the territory acquired on each occasion into parcels of equal valud as far as possible. The result of this procedure must have been the for- mation of a large number of landed estates equal in size to one another ; and this phenomenon was the cause in my opinion which induced some historians among the ancients to believe that a general distribution of land once took place in the Spartan community, and supplied a precedent for the land distribution proposed by Agis IV.^ ^ The Spartan notions on this subject may be inferred from the so-called Apophthegma of Polydorus, ap. Plut., Apophth. Lac. Polyd.^ 2, p. 285 Didot : i^dyovTOs 5e avrov rd crpdrevfia iirl Meaarivrju -fjperS Tts, 64 rots d5eX0ots fidxecrdai, fiiKKei, o{iK, ^(prj, dXX' eiri tt)v olkX-qputop tijs x^pas /SaSi'^w. Cf. also the two lines of the Oracle given to the Spartans according to Hdt. 1, 66 : ddbao} toi T^eyirjv irocraiKpoTOu dpxv^^aadai — /cat Kokbv -rredlov (\(\.=^Ahliandl. aus d. greich. Gesch., 1 jff., adopts the theory of a land distribution gradually effected with each successive increase of territory in the form of equal allotments. ^ Plat., Laws, 5,7CG; rode S^ fj.^ \avdaveT(j) y^yvbixevov tj/j-oLs evriJXVP'-cif 5ri Kaddirep etiro/xev ttjv tG}v 'HpaKXeidoijv diroLKiav evrvx^^v, m 717s kol xpecDv d7ro/co7r/}s Kal yofiTJs rrepL d€LVT]v Kal iirLKiuSwov ipiv e^icpvyev. Isokr. 12, 259 maintains that in the Spartan State no one can show ovU iroXtTeias ixera^dX^v oi>8^ XP^'^^ diroKoirds ov5^ yijs dpadaa/xov ovo^ dW ovdev rwv dvrjKiaTtov KanQv. 2 Ed. Meyer in the N. Rh. Mus., 41,586, 2, contends that it is wrong to assume the existence of a nobility of birth within the ranks of the Dorian Spartiatai. The ^^ KaXol Kdyadoi,'^ from among whom the Gerontes were elected, according to Arist. 2, 9= p. 48, 6, do not imply an aristocracy of birth, if we believe Meyer's note, but " the best," i.e. those who have distin- guished themselves and are competent to manage public affairs. Now Aristotle defines the Greek eiyeveid as inherited wealth and ability. Cf. 6 (4), 3=159, 28: ij yap evyivad eariv dpx<*'os ttXovtos Kal dper-fj. In this sense we can speak of a hereditary aristocracy among the Spartiatai. ol KaXol Kdyadol mean in the ordinary use of the term, as Aristotle testifies, ol 12 GiLREiir I. X3.] Historical. [Gilbert II. 14. However, since the Spartiatai were forbidden to carry on any- trade or industry, differences of fortune at Sparta could only de- pend upon tlie different size of the landed estates difference be- belonff in or to different individual Spartiatai. Just as tweenthe ,T , . T , . 1 . n .1 Landed the kings possessed estates m the territory of the Estates of conquered towns of the Perioikoi, so we may also g^JitSe^X?^ suppose that the class next in rank to the kings, the of the nobles, represented in the governing body by the o^^nions. Gerontes, like their analogues the Patricii at Rome, took pos- session of large tracts of conquered territory; while the ordinary burgesses had each to be content with a fixed and definite quantum of land assigned to him by order of the State.^ eijTTOpoi. Cf. 6 (4), 8=159, 2: 6dev koI KoKoiis Kayadoi/s Kal yvcapifiovs to6tovs (sc. Tot)s eviropovs) Trpoaayope^tovcnv. errd odv 7} dLpiaTOKpaTla ^otjXeraL ttjv vwepoxT}" aiToviixetv rots dpiffToti tCjv ttoXltQv kuI ras oKLyapxias clvai i5^ rlp-ios. See Grote, vol. 2, p. 393 sq., the author's Stud., 151 f£. Duncker also, op. cit., 149, 150=Abhandl. 7 ff. seems to con- trast the families which possessed not more than the KXrjpos with other families more richly endowed. See also Bazin, de Lycurgo, 91 ff., Paris 1885. ^ Spartiatai debaiTed from commerce and lucrative emploj^ment : Plut., 13 Gilbert I. 13, 14.] ' Sparta, [Gilbert IL 14, 15. Hence in discussing tlie landed estates of tlie Spartiatai, we must draw a distinction between the estates of the nobles and the properties which were granted to the nobles by the State as ordinary burgess allotments. And as a matter of fact we find this distinction clearly set forth in a trustworthy piece of evidence which treats of the alienation of landed property at Sparta. According to this authority it was, as a general rule, considered disgraceful at Sparta to sell land, but to sell the allotments assigned by the State was absolutely forbidden. ^ Those lands whose sale was disgraceful but not absolutely for- bidden, in contrast to the KXypoij whose sale was unconditionally prohibited, can have been nothing but freehold landed estates. On the other hand, the Kleroi are shown, by the legal regulations which were in force concerning them, to have been of the nature of state endowments. In the first place the law of Epitadeus allowed the occupiers of Kleroi to give away the Kleros in their lifetime even if they had descendants living, and also to make dis- positions by will of the Kleroi before their death : therefore before this statute the Kleros must have lapsed in theory back to the State in case of failure of natural heirs. Early Greek religion dreaded the extinction of any family, and prevented it if possible ; adoption was the usual remedy ; yet in this case also the State maintained its right of property over the Kleros which was passing into strange hands by adoption, by insisting that the adoption must take ^Dlace in presence of kings. Eor the same reason it was the kings again who decided in cases where the right to marry an heiress was disputed between several claimants.^ Lye, 4 ; Ages., 26. Apophth. Lac, p. 260, 72 ; 296, 41. ^lian. Miscell, 6, 6. The Spartan kings possessed estates in the various towns of the Perioikoi. See Xen., de Rep. Lac, 15, 3. Plat., Alcih., 123. 1 This evidence is found in a statement of the so-called Herakleides 2, 76. Miiller, Fr. Hid. Gr., 2, 211. In my Stud., 162 &. (cf . also OncJcen d. Staatslehre d. AristoL, 2, 350, and in general 343 ff.) I have tried to make it probable that Herakleides obtains his information from Aristotle. His words are: irtoKeh 5k yrjv AuKedaLfiovioLS aiaxf^v vevofucrTai, rrjs 8k apxcias fxoipas ovSk ^^eariy. With this should be compared Plut. Instit. Lacon., 22: evLoi. 8' ^(pacrav 8ti Kai rdv ^€V(j)u 8s hv vTTOfieiPTj ra^iTrji/ ttjv &(tk7)(Tlv ttjs TroXtreias Karct, rb ^ovKevixa. rod AvKO^pyov /xerelxe rrjs dpxvdev 8LaTeTayfJ.evr]s /xoipai, TrwXeiV 5^ ovk i^rjv. It is clear from the context that ri apxaia, p.otpa and 17 apx^Oev biaTera-yixivT) fiolpa. mean a Kleros granted by the State. Cf . Stud. 170 IF. 2 In Lokroi also the sale of landed estates was allowed only on certain specified conditions. Aristot., Pol., 2, 7 = p. 37, 28 fF. Bekker. The statute of Epitadeus decreed : i^eiuai top oXkov avroD kuI rbv kKtjpov y rts id^Xoi Kal ^vra 14 GiLBKRT 1. 14.] Historical. [Gilbert II. 15, 16. The development of the Spartan constitution as described up to this point, together with the constitutional ordinances contained in the so-called Rhetra of Lycurgus, as well as the j^ ^^^^a. arrangement of the land system, were all regarded by the traditional learning of later antiquity — of course from a stand- point of judgment and criticism quite different from the one adopted here— as a portion of the legislative activity of Lycurgus. In this historical sketch of the development of the Spartan con- stitution no mention has been made of any special legislation of Lycurgus. In the first place it is not certain that there ever existed such a person as Lycurgus; but apart from that, it is certain that the political institutions hitherto described cannot be ascribed to Lycurgus; and besides, the institutions generally ascribed to him are more social than political in character, and as such can find no place in this short abstract.^ In the reign of king Theopompos an extension and also an alteration of the Spartan constitution took place. The former is bovvai Kal KaraXiTelv Siandiixevov. SeePlut. Ag., 5. To the same subject also refer the words of Aristot., Pol., 2, 9=p. 46, 26 ff. : (JbveTadat [ikv yap -^ iruiXelv T'f}v virdpxovaav iiroirjaev ov koXov, opdus iroL-^aas, dcdovai. dk Kal KaToKeiireLv i^ovalau e8u}K€ Tols ^ovXofx^voLs. Previous to the decree of Epitadeus the Spartan land system was not free from the fault which Aristotle criticises. Cf. Stud. 172 ff. The reluctance to allow a family to die out reveals itself in the fact that at Sparta those men were employed but sparingly in war, who as yet had no children to leave behind them. See Hdt. 7, 205. For adoptions and disputed claims to heiresses see Hdt. 6, 57. 1 Gelzer in the N. Mh. Mus., 28, 1 ff., and I myself in Stud., 80 ff., have almost simultaneously undertaken an examination of the traditions relating to Lycurgus. Though we differ in our explanations of the Lycurgus legend, yet we have both arrived at the common conclusion that the his- torical existence of a personal Lycurgus is to be denied. The same opinion was held at an earlier date by Zoega {Ahliandlungen ed. Welcker, p. 316), and Uschold (ilb. d. Entsteh. d. Verf. d. Spart., Amberg, 1843). For the elaboration and adornment of the traditional history of Lycurgus in the times of Agis IV. and Cleomenes III. see Oncken, d. Staatslehre d. Aristot., 1, 219 ff. Eanke also allgem. Weltgesch., 1, 178 (130), 1, relegates Lycurgus to the realm of myth. Von Wilamowitz in the horn. Untersuch., 267 ff., especially 283 ff., regards Lycurgus as a hero who was styled Zeus Lykaios. " The hero's name supplied the peg whereon the legend of the legislator was hung." Ed. Meyer, op. cit., 42, 97, agrees with von Wilamowitz, while Bazin, de Lycurgo, 1 ff., Paris, 1885, and Busson, Lykurgos und die grosse Rhetra, 3 ff., Inns- bruck, 1887, attempt to rehabilitate the historical personality of Lycurgus Winicker in the Graudenz Programm, 1884, regards Lycurgus as the originator of the avvoiKiafjibs effected by means of the Ehetra found in Plut., Lye. 6. IS Gilbert I. 15.] Sparta. [Gilbert II. 16. important only in its later development, but the latter had an im- Institution of mediate influence on the character of the constitution. the Ephorate. -^^^ i^ was by Theopompos that Ephors were first instituted.^ The theories held by modern writers as to the original functions of these magistrates are widely divergent.^ The reason for their institution which is most probable, because it is given by tradition apparently trustworthy, is that the kings ^ The authorities for the institution of Ephors by king Theopompos are Plato, Laws, 3, 692, who however does not mention that king by name, and also Aristot., Fol., 8 (5), 11, p. 223, 25 sqq. : Kal irdXiv QeoirSp-irov fierpLdaavTOs Tois re dWoLS Kai ttju tu>u icpupoiv dpxw eviKaraaTrjcraPTOS. Cf. Plut., Lyc, 7 ; Cic, tie Rep., 2, 33 ; de Leg., 3, 7. Hdt. 1, 65, and Xen., de Rep. Lac, 8, 3, refer the institution conjecturally to Lycurgus. Cf. Pseudo-Plat. Epid., 8, p. 354. Diog. Laert., 1, 31. Miiller, Dor., 2, 107 if. (115), believes in the existence of Ephors before the time of king Theopompos — in fact regards them as an old Dorian institution (so also Spakler, de Ephor. ap. Laced., 1842, 20 ff., and Gabriel, de Magislratih. Lac, p. 38 sqq.. Berlin, 1845; Schaefer, de Epharis Lac, Greifswald, 1863, p. 7 ; Stein, das spaHan. Ephorat, p. 14 ; Frick, de Ephoris Spartanis. Diss., Goett., 1872, p. 8 ; Ed. Meyer, N. Rh. Mus., 41, 583 ; Gachon, de Ephoris Spart., 16 ff.). It appears that the Alexandrians had before them a list of the Ephors beginning with the year 755^. See Ed. Meyer, N. Rh. Mus., 42, 101. But it is questionable whether this list was authentic, or, as is more probable, the earlier names were the invention of later systematisers. The year 755-4 is given by the chronologists, but we cannot for that reason regard it as a historical datum. See Eusebius, Chron. ed. Schoene, 2, 80, 81. That the tradition that Theopompos instituted the Ephorate may very well be correct, has been well shown by Dum in his Entst. u. Entwickel. d. spart. Ephorats, Innsbruck, 1878, p. 31 ff. 2 Miiller, Dor., 2, 111 (119), considers the supervision of traffic in the market to have been the original duty of the Ephors. Schaefer, p. 7, argues that the Ephors were originally the representatives of the kings in the five Lacedaemonian communities assumed by Ephorus, ap. Strab. 364-5, after the original kings of those communities were deposed. This view is supported by Oncken, d. Staatslehre d. Aristot., 1, 276 ff. Stein, p. 14, believes that even before the time of Theopompos the Ephors stood at the head of the several KCiixai of Sparta, with judicial functions, and as supervisors of the police ; that Theopompos extended these functions over the Perioikoi ; then after the Messenian wars the Ephors also decided disputes between the old burgesses and the Perioikoi who had been admitted to citizenship. Frick, ]7ff., thinks the Ephors were, after the time of Theopompos, the representa- tives of the Demos formed by the Minyan element of the community. According to Ed. Meyer, ibid., 41, 583, 2, the political powers of the Ephors were developed out of their civil judicial functions. According to Gachon, De Ephoris Spart., 55 ff., the Ephors were in possession of civil judicial func- tions before the time of Theopompos, and at the time of the Messenian wars when the power of the Oligarchy increased, they began to act as executive officers of the Gerousia. i6 Gilbert 1. 16.] Historical. [Gilbert II. 18. were overburdened witli business, so that as their own energies were entirely taken up by war, they entrusted certain of their friends with the civil jurisdiction, and very likely with the super- intendence of police as well.^ Kings Theopompos and Polydoros introduced a change in the Spartan constitution by adding to the fundamental ^he statute ordinances of the State, which were discussed above, of the following rule : — that whenever the people made a ^°^° wrong decision the Grerontes and the kings should be empowered to set it aside.2 Through the addition of this ordinance the Gerontes and the kings obtained the right of refusing to carry out any decision of the Apella which they regarded as unadvisable. Up to this time the decision of the Apella had been final. Since therefore the Gerousia (as may be inferred, even for this early age, from the constitutional law of later times) ^ was composed of members of the Spartan aristocracy, this new regulation placed the entire ' "With regard to the origin of the Ephorate, I have followed in my Stud.^ 181 if., the account given by Plut., Kleom.^ 10, which in all probability is derived from Phylarchos. So also has Dancker, Gesch. d. Alterth., 5^, 425-6. Dum, p. 39 if., has shown that this account was the tradition generally accepted at Sparta, which is also attested by Plut., Apophth. Anaxil., p. 265 Didot. I also agree with Dum now, that the original official function of the Ephors was Kplvuv^ i.e. civil jurisdiction, which in later times too formed part of their official duties. See Aristot., PoZ., 3, l=p. 60, 15: olov iv Aa/ce- dai/xovi ras riav crvix^oKalwv 5t/cdfet twv icpSpcjv &XKos aWas- Dum infers from the arrangements in force in later times that the Ephors possessed certain functions of police superintendence in the earliest stage of their develop- ment. The evidence of Phylarchos, however, does not exactly correspond with the dates given by the chronologists for the institution of the Ephorate. Plato, Leg., 3, 692 ; Aristot., Pol., 8 (5), ll=p. 223, 24 ff. ; cf. Plut., Lye, 7 ; Cic, de Rep., 2, 33, 58 ; de Leg., 3, 7, 16 , "Valerius Max., 4, 1, Ext. 8, all represent the establishment of the Ephorate as a weakening of the power of the kings, but this view is obviously an inference from the position of the Ephors in the state in later times. 2 The p2,rt added to the so-called Lycurgean B,hetra by Theopompos and Polydoros reads as follows in Plut., Lye, 6 : at 8^ (tkoXlclv 6 dd/Mos ^Xoito, tovs TTpea-^vyevias Kal apxayeras diroaTaTTjpas ^/xev. See the author's Stud., 137 ff., 179 if. That Theopompos and Polydoros were the originators of this innova- vation was proved to the satisfaction of Aristotle, who is the authority of Plut., Lye, 6, by the verses of Tyrtseus quoted by Plut., ad loc, verses whose authenticity I consider it wrong to doubt. Vid. p. 8, 1. 3 According to Aristot., Pol., 2, 9= p. 48, 6, cf. 6 (4), 9 = p. 161, 15, none but the KoKol Kayadol were represented in the Gerousia, and there is no ground for supposing that it was otherwise in earlier times. See p. 13, 1. G.A. 17 Gilbert I. 17, 18, 19.] Sparta. [Gilbert II. 18, 19. control of the State in the hands of the kings and of the aristo- crats. We are told that the conspiracy of the Partheniai took place at Sparta not long after the end of the first Messenian war. The « _^^ , . accounts we possess of this event are in such a condi- PartheniaL . ^ i . r. , tion that no clear comprehension of the conspiracy can be obtained from them.^ The accomplices in this plot were, according to tradition, first, the 'E7r6vVa/cToi, who seem to have been Helots assigned as hus- bands to Spartan widows to prevent their families from dying out; and secondly the Tlap^evtat, or sons of maidens, that is to say, not born in legitimate wedlock, though we are informed by a credible witness that their fathers were Spartiatai possessed of full burgess rights.2 To what extent these sexual relations were results of the first Messenian war, cannot be stated with certainty. On the other hand, it may be considered an established fact that the outbreak of the conspiracy was anticipated by a timely discovery, and that the conspirators were sent away as colonists and settled at Tarentum.^ ^ We possess two accounts of the Partheniai in the extracts in Strabo 278, 279, one taken from Antiochos, the other from Ephoros. The former con- tains without doubt the foundation legend of Tarentnm ; the version of Ephoros differs in many points. Dionys., Hal., 19, 1 (17, 1) and Justin 3, 4 are to all appearances based on Ephoros ; while the short account found in Diod. 8, 21 seems to be derived from Antiochos, since the oracle recounted by Antiochos is found in Diodoros. According to Diodoros the 'ETrei/j/a/crot also took part in the conspiracy, while Theopompos, ap. Athen., 6, 271 c, d. tells us that they afterwards became burgesses. Herakleid. Fr. 26 in MtlUer, Fr. Hist. Gr., 2,220, seems' to have possessed an independent version of the occurrence. 2 The 'EwevuaKTOL accomplices in the conspiracy, according to Diod. 8, 21. The explanation of the name 'EireiiwaxTOL is given by Theop., loc. cit., with which should be compared the other regulations in force among the Spartans concerning sexual intercourse. See Xen., de Rep. Lac, 1, 7 sqq., Plut., Lye. 15. '0 irapdevios is the child of a woman who is not married, and who is therefore still considered a irapd^vos. See Hom., It., 16, 180. Hesych. : irapdhiOL : — koL oi e^aveK^drov XddpayevuufxevoL Tratdes airb rov SoKelv e'rt wapdivovs eivai TCLS yevvrjaafx^vas avrovs. See also Suid., irapdeviot.. Arist., Pol., 8 (5), 7=p. 207, 21 sqq., says of the Partheniai : eV ruiv o/xoiuv yap fja-av, which should be translated, "they were sons of the recognised 6^oiot" and not as Hermann does, Antiqu. Lacon., 127, who holds that the words can only mean simply " they belonged to the ofioioi." 3 According to Justin, 3, 4, and Pans., 10, 10, 6, the leader of the colonists, Phalanthos was not a wapdevias but a IiirapTidTrjs. Studniczka, Kyrene, 175 ff., i8 Gilbert 1. 19, 20.] Historical. [Gilbert II. 20. There are some faint but unmistakable indications that the Aigeidai took part in this conspiracy. We may therefore venture to conjecture again that the influential position of the Aigeidai, which is attested for the time of the first Messenian war, was overthrown when this conspiracy was suppressed.^ The activity which Terpandros is said to have shown as a mediator at Sparta must on this supposition have „ ^^ Terpandros. benefited chiefly the new institution of the dual kingdom.^ Soon after the departure of the UapOevtaL civil strife again arose in Sparta. This trouble was caused by the second Messenian war, which deprived those burgesses who had allotments in Messenia of the use of their land. Their agitation for a redistribution of landed property was appeased by the influence of Tyrtaios ; but by what method we do not know.^ argues that Phalanthos was not a historical personality, but in his criticism of the history of the Partheniai, I think he carries his scepticism too far. * For the Aigeid Euryleoii in the first Messenian war, see Paus. 4, 7, 8. According to Antiochos, ap. Strab., 278, the plot was to have been carried out at the Hyakinthia, the festival of the Karneian Apollo, with which the Aigeids saem to have been especially connected. Compare what Aristot., fr. 75 in Mtiller, JPV. Hist. Gr., 2,127, relates about the Aigeid Timomachos: /cat ToTs 'TaKLudloLs 5^ 6 X'^^'^^o^ avrc^ duipa^ irporlOeTai. The cult of Apollo Karneios found at Tarentum also : Poll., 8, 30, 2, confirmed by the Taren- tine coins in the Annali delP inst.j 2,337. Just as Theras before setting out for Thera consecrated a iepbv of Athene, so the colonists of Tarentum set up an dyaXfia to the same goddess : Pans., 3, 12, 5. ^ Hermann, Antiqu. Lacon., p. 69 ff., has shown that Terpandros was con- temporary with the end of the first Messenian war. Hellanikos, ap. A then., 14,635 E., says that Terpandros was the first victor at the Karneia ; this is confirmed by Hellanikos's list of Karneian victors. C. Prick, however, in the Jahrh. f. cl. Phil., 1872, p. 664-5, disputes the authenticity of that list. According to Sosibios, ihid., and Africanus, in his list of Olympionicai, the Karneia were first instituted 01. 26 = 676 b.c. The evidence for the activity of Terpandros at Sparta is Plut. de Mas. 42 : Tipirav8pou d' &v ns irapaKdjSoi tov ttju yevo/j.iu7]v iroTk irapa, AaKeSai/xovlois aTdaLV KarakiaavTa. Cf. Died., 8, 28, from Tzetz., Hist., 1, 16. Apostol., 11, 27. Zenob., 5, 2. 3 Aristot., 8 (5), 7=p. 207, 28 sqq., gives as one of the causes of o-rdo-ets : '^Ti &Tav ol fikv dirop(2(XL Xiav, ol 8' eviropuxnv. Kal /xaXiara iv rots ttoX^/xois tovto yiyverai. avvi^rf oh Kal tovto ev AaKedaifiovt virb tov MecrarjvLaKdv iroKefiov. drjXov dh Kal tovto e'/c ttjs TvpTaiov irotrjcreus ttjs KaXovfxevrjs Eiivo/xias. OXi^ofieyoi ydp TLves Slo, tov ir6Xep.ov -fj^iovv dvddaaTov iroietv ttiv x<^P<^^- More precise in- formation, as it is given in the text, in Paus., 4, 18, 2/3. Whether the institution of the Karneian festival in 676 was connected with the re- establishment of concord by Tyrtaios or not, cannot be determined with certainty. Cf. the preceding note. 19 Gilbert I. 21.] Sparta. [Gilbert II. 21. The further development of the Spartan constitution coincides with the development of the Ephorate. According to tradition Development*^® Ephor Asteropos ^ extended the powers of this of tiie^ office considerably, but we are not informed in what the increase 'of power consisted.^ The Ephors were at first appointed by the kings, but in later times they were elected by the assembly of burgesses. So long as they were nominated by the kings they could scarce^ have been in a position to exercise any considerable influence. There- fore the most natural theory is that the epoch-making significance of the Ephorate of Asteropos consisted in the fact that the Ephorate was thrown open to popular election during his administration.-'^ Some authorities attribute a further increase of the power of the Ephors to Cheilon, but for this there is no sufficient evi- dence.-* The further development of the powers of the Ephors may be supposed to have been effected in something like the following fashion.^ * Nies9, in Sybel^s Ind. ZeitscJir., 1889, 62, 58 ff., endeavo-urs to estabb'sh the theory, that in the period of the Tyrteean poems the Spartan constitution gradually developed into a democracy, and that tlie institution of the Ephorate -was the result of this democratizing. According to him, the Ephors were from the first in full possession of all the powers they can be proved to possess in later times. I cannot agree with him. For Asteropos cf. Plut., Cleom., 10: Kal rdv irpoJTOV €Triav\aK€^, and 7pa[ji|xaTo<|)v- the ypajLijMaro^vA.a^, whose duties wero connected with °'^' those of the former. g,g The (StSeoL or ^tSvot, probably six in number, were the supervisors of the competitive exercises of the Epheboi.^ The control of the police in the city was in the hands of a college of dyopavouoL, eight in number, while the cor- ireSiavouot. responding duties in the country devolved upon the TreSiavofJiOL.^ Further, there were in Sparta iTnjxiXrjTaL, who occur once col- C. I. G., 1341. In Le Bas' Voyage archdologique in the explanation of inscr. 2, no. 168, six iraTpovSfioi are enumerated, but tiien there are added to these six crijyapxoi, one ypa/xfiarc^s, three viroypa/xfj.aTe'ls, and one vTnjp^ras. As a rule those who are styled avvapxot in Spartan inscriptions exercise the same functions as the man after whom their name comes. The one first men- tioned is the Trpicr^vs of the collegium, but usually only one name comes before the aOyapxot. The inscription is not satisfactorily explained yet. See Foucart on no. 168. That their irpicr^vs, who is repeatedly mentioned, was the eponymos, and not the irpia^vs of the Ephors, as Paus. 3, 11, 2 says, is proved by Boeckh, ihid.^ 605- 6, who also gives a list of them. The proof is supplied by inscriptions such as C. I. G,, 1251 : vop-otpuXaKes oi irepl T{6pytirirov TopylTTTov) ol iirl TraTpovbfJiuv. Cf . 1241, 1258, 1259, 1268. Even in the lists of Ephors the name marking the year of their office is the name of the rp^a^vs iraTpovbpnav. See 1237, 1240-1245, 1249. For their honorary body-guard of Epheboi, see Boeckh. 612. 1 Ephors five in number : C. I. G., 1. 1237-8, and 1,240. A list of names of Ephors recorded Boeckh, ihid.^ 608. They dined together: 1237. Paus., 3, 11, 2, mentions their dpx^'^ov in the market place. What he saj'S concern- ing their official functions : ^(popoi 8k rd re dXXd diotKodcn rd a-irovd/js fidXia-ra d|ta Kal irapix'^^'^^'- '''^^ eiru)PvpMv, is certainly wrong so far as the second clause is concerned. Eeligious societies too, and political subdivisions of the State, e.g. the w^Sd twv 'AfivKXai^wv, have ofiicials called Ephors in imita- tion of the State Ephors. 2 Five voixov\aK€s : C. I. G., 1242-4-8-9 ; 1252, 1304. On the inscriptions which seem to give six, cf. Boeckh, ihid., 608-9, and Foucart on Le Bas, 16Sg. One of them is styled ypaixp^aTos or piayeipoi or 27 Gilbert I. 29.] Sparta, [Gilbert II. 29, 30. By tlie side of the gerousia there was in all probability yet povXVj. another (BovXrj, which drew up decrees of its own, and seems to have had a share in the election of the magistrates.^ ^fsembly. ^^® public assemblies were held in the Skias.^ The institutions of Lycurgus were nominally in force still, and Institutions there existed an interpreter whose special duty was to of Lycurgus. expound them. So far as concerns the education of the young there are abun- dant proofs that the Lycurgean system still survived, though there may have been some changes in detail.^ The coast towns of Laconia remained independent of Sparta Eieuthero- after 146, and formed a community of their own, which lacones. ^.r^g g^^ ^vsi entitled koivov t(ov AaKeSat/xovtW. not we obtain a total of 23, 24, or 25 members. Foucart, ad loc, incUides the ypa/xfiareds only, and so gives 24 members. The lists in C. I. G., 1260, 1262, are incomplete. The irp^cr^vs of the gerontes in Le Bas, ibid., and also in C. I. G., e.g., 1261. povXevr-^pLov ttjs yepovalas in the Agora : Pans. 3, 11, 2. ^ The member of the jSouXtj is called ^ovkevr-qs : C. I. G., 1375. \l/-n^i{)Xa^ and ^ovayos, 1240-1, 1251-2 ; Le Bas 168 g ; I'^opos and ^ovaySs, 1241, 1245; (nrop8o^5pos and ^ovayos, 1252; irp^a-^vs (hjSds and ^ovayos, 1274; more rarely by itself, 1350, 1426, 1453, 1459; Le Bas 162 c. Further evi- dence is supplied by the title of honour, ^wixqvLktjs, C. I. G., 1364 b ; Le Bas 175 b ; Bui]., de Cor. Hell., 1, 385, 14 ; Cic, Tusc. Disp., 2, 14, 34. Cf. Muller, Dor., 2, 306 (132). {a7p6s koI da2> D Gilbert I. 35, 36.] Sparta. [Gilbert II. 36, 37. Aristotle's authority, that in the Kpvmda. the young men killed the strongest and most valiant Helots.^ Emancipations of Helots, which could only be granted by the State itself, were not unusual, and were given as rewards for - ,_ military service and for other services to the State.^ V60oau,c>>ocis. These emancipated Helots, whose numbers at the end of the fifth century B.C. must have been by no means insignificant, were called vcoSa/xcoSet?. We are not in a position to say wherein their rights consisted ; but among their duties was the obligation to military service, to which they were in an especial degree liable.^ Another class of freedmen was formed by those Helots who were brought up as children with their masters' children, and shared in the Spartan dywy);. These freedmen, who perhaps not unfrequently were born of Spartan fathers and Helot mothers, were called fx60aK€s or /xo^wi/es. Some of them were actually made Spartan citizens; generally, of course, the ^ In this way I believe we may interpret the words of Plutarch, Lye, 28, whose authority is Aristotle : ^v 8^ ToiajjTrj' tQv viwv ol apxovres did, xp^^ov Toijs fxaXiara vodv ex^f-v doKouvras els Tr]v xwpai' dWws i^iTrefnrov, '^xovras e7xei/)i5ta /cat Tpo(pr)p dvayKalav, SX\o 5k ovdew ol dk /xeO' i]iJ.4pav /x^v els davvdrjXovs SLa(nretp6/J,evoi tottovs dir^KpvTTTov eavroi/s Kal dveiraiovTO, vvKTup 8e KaTiSures ets Tttj 65oi>s rQf eiXcoTCiJu tov dXiaKOfievov CLTrecrcpaTTOv. TroXXd/cts 8k /cat tovs dypoiis €TnTropev6fjt.€Poi tovs pw/aaXewrdroi'S /cat /cpart'crrous avT'Zv avripovv. Cf. Heraclid. Pont., II. 4, in Muller,/r. hist, gr., ii. 210. Plut., Cleom., 28, speaks of rbv €irl TTJs KpvTTTeias rerayfi^vov. On the treacherous way in which the Helots were treated in the Peloponnesian war, see Thuc. iv. 80. 2 Cf. Thuc. iv. 80. Xen., Hell, vi. 5, 28. Thuc. iv. 26. s On the v€o8aiJ,u38eis cf . Schomann, op. ac, i. 130 ff. The definition of the v€o8a/jn!}8eis (Thuc. vii. 58, 8vvaTat 8k to veo8afMU}8€s kXeidepov "fjSr] ehat.) as Dindorf and v. Herwerden saw, was prohably not written by Thuc, since the Scholiast, ad loc, to judge by the explanation which he gives, veo8afX(Jj8r]s 6 eXevdepos trapa rots Aa/ceSai/aoj'iots, did not find the explanation in Thuc. According to Hesych., 8afxu}creis are 8r]fj,6TaL rj oi ivTeXeTs irapd AdKucrc. Poll. iii. 83, says : tovs ixevTOL els eXevdepiav tCjv elXwTWv d(pLe/xevovs oi AaKe8aifM6vL0L veoSafJubSeis KaXovai. Cf. Hesych., ad verb. The veoSafXibSeis must be distin- guished from the Bpaa-LSeioi, i.e., from the Helots who had fought under Brasidas in his Thracian expedition, and of whom Thuc, v. 34, writes : oi AaKeSaifxdvLOL e\{/7ia who were Perioicoi, as Thuc. i. 101 says expressly as regards Thyria and Aithaia. Xen. v. 2, 24 distinguishes the Sciritai from the Perioicoi, but perhaps only on account of their honourable position in the Laced semonian army. Hdt. vii. 234 speaks of TroXtes iroWal of the Lacedaemonians. Strabo 362 says : t6 5^ 7raXai6v eKaT6,utr6\iv (paaiv avTT)v {i.e. r-qv AaKOiviK-qv) KoXeTadai /cat to, CKardfi^aia 5tci toOto dvecrdai irap avrois Kar ^Tos, while he names about 30 towns in his own time. Under Augustus there were 24 towns of the Eleutherolacones : Paus. iii. 21, 6 ff. The ex- pression iKaTd/MTToXis AaKuviKTj is to be compared with KprjTtj eKardfiTroXis, Horn., II., ii. 649, which, according to Od., xix. 174, contained only 90 towns. A list of these towns, so far as they are known, is given by Clinton, Fast. Sell., ed. Kruger, 410g. 1 See Miiller, Dor., ii. 21 (24) ff. 30,C00 allotments to the Perioicoi by Lycurgus: Plut., Lye, 8; cf. also Isocr. xii. 179. * The KoXol Kayadol tCov TrepiOLKUv, Xen. v. 3, 9. x^-P^^^'^TaTOL rQv irepioLKCov, Pint., Cleom., 11. Only \oydSes of the Perioicoi were hoplites, Her. ix. 11, 29. This diversity of rank within the Perioican communities, assumed by Lachmann, d, spart. Staatsverf., 182, is wrongly denied by Ivopstadt, ih. 39. On the political dependence of the Perioicoi cf. the picture, of course over- drawn, of Isocr. xii. 177 ff. His remark, ^^eari toU ior., ii. 43 (46). ^ I disregard the statement in Isocr. xii. 255, according to which at the immigration into Laconia there were only 2,000 Spartans, that of Arist.^ Pol.^ ii. 9, p. 47, 11, who gives 10,000 Spartans for the time of the first kings, and that in Plut., Lye, 8, about the 9,000 Spartan kXtjpol. 8,000 Spartans in the time of the Persian wars, Hdt. vii. 234. At the battle of Leuctra the 4 Spartan Moral engaged in the battle contained 700 Spartans of all ages- up to 55. This gives for the whole 6 Moral, 1,050 Spartans between the ages of 20 and 55. See Xen. vi. 1, 1 ; vi. 4, 15 and 17. Accordingly, I have assumed 1,500 as the entire number of adult Spartans. Cf. Xen., Ages., iu 24, Kal avTuv "ZirapTiaTujv ov ixeibviav airoKuiXoTtov ev rrj iv AevKrpois p-axv •>) 'KeiTTOfxeviov. Not 1,000 in Aristotle's day : Arist., FoL, ii. 9, p. 47, 5. 700 at Agis IV.'s accession : Plut., Ag., 5. Many Spartans perished in the earth- quake B.C. 465: Diod. xi. 63, xv. 66, Plut., Cim., 16. 38 GiLRKRT I. 41.] The Spartans. [Gilbkkt 11. 42. this design that we must attribute the special privileges which in Aristotle's day were guaranteed to the father of throe or more sons. We can discern it also in the fact that the man who either did not marry at all, or married too late, or made a bad choice of a wife, was punished.^ The full rights of a citizen depended at Sparta not only on birth but on other conditions. Thus, apart from the question of Conditions of birth, only those could be full citizens who had gone citizenship, through the Spartan training, and only those re- mained full citizens who participated in the Syssitia and made the regular contributions to them.^ Those who by satisfying these two requirements were in possession of the full rights of citizens, were all equally privileged and there- fore were called o/xoioi.^ Those who did not fulfil the two re- ^ See Arist., Pol,^ ii. 9, p. 47, 18 Bekker : ^ort 7a/) aurots vbix.o% rhv fih •yevv-qaavTOL Tpeh i;toi)s &(ppovpov eTvai, rbv 8k Terrapas dreXTJ Trdvrwv. Cf. -^lian, Var. Hist., vi. 6. At/c7/ dya/xiov, dxp'.yajniov, KaKoyafj/tov, Plut., Lys., 30, de amor, prd., 2 ; Poll. iii. 48, viii. 40. drt^ta of the unmarried, Plut., Lye, 15, Apophtli. Lac, p. 280, 14Didot. In this connexion should be noticed also the customs which obtained concerning the begetting of offspring. See Xen., de Rep. Z«c., i. 7ff., Plut., Lye, 15. ^ See Plut., Instit. Lacon., 21, tCjv ttqXitQv 8s cLv [xt] vTrofxeivr) tt]v tQiv TralSwp dyuyi^y, ov fiere^xe tQu t^j 7r6Xews 8cKalo3if. See Xen., de Rep. Lac, x. 7. The statement in Plut., Inst. Lacon., 22, ^ulol S' ^(paaav 8tl Kal tuv ^evcou 8s hv VTro/ieivT] ravTTjv Tr]v dcrKTjcnv ttjs TroXiTeias Kara t6 poijXrjfxa rod AvKOvpyov fiereix^ TTJs dpxv^ej/ 8iaTeTayfxivif]s /xoipas' iruAeXu 8' ovk e^rjv, I refer to the old days, when, according to Arist., FoL, ii. 9, p. 47, 9 Bekker, X^yovat 5' ws evl fikv Tuv TTpoT^piijv ^aaCKiwv p.eTe8l8oaav ti)s TroXtretas, strangers received the citizen- ship. L. Weber, Qucest. Lacon. capita duo, pp. 21/2, Gott., 1887, takes another view, but without convincing me. The ^euoi twv Tpo(pi[jLwv KaXov- ixhuv in Xen., Hell., v. 3, 9, are plainly not Spartan citizens. Plutarch's statement in the pretended letter of Herakleitos in Boissonade, JEunap., p. 425, is senselessly exaggerated. For the obligation of a citizen to share in the Syssitia, see Arist., Pol., ii. 9, p. 49, 25 Bekker : fxerix'^iv jxkv yap {tQjv (TVffaLTLWv) ov pq.8Lov TOLs Xlav iriv7j(7Lv, 6pos 8k TTJs TToXiTeias o5r6s ecrriv avrois 6 TrdrpLOs, rbv ixrj Svvdfievov tovto rb t4\os (pipeiv fir) ywere'xeti' avrrjs. ^ The 6fj.oLoi, who, according to Arist., Pol., viii. (v.) 7, p. 207, 22, already existed at the time of the first Messenian War (what Hermann, Antiqu. Lac, -p. 127, says on the meaning of ojnotoi in that place is mere arbitrary assertion), are mentioned in five places, while in a sixth, Dem. xx. 107, it is doubtful whether the word is used in a definite technical sense. See Schomann, op. ac, i. 112 ff. Of the 5 other passages Xen., Hell., iii. 3, 5, de Rep. Lac, xiii. 1 and 7, tell us nothing as to the special meaning of oixoLoi. On the other hand, Xen., de Rep. Lac, x. 7 (see too Anah., iv. 6, 14) shows that their position depended on their education. Accordingly, Her- mann, Aniiq. Lac, p. 148 (cf . his entire account 111 if.), defined the o/xoioi as 39 •Gilhert I. 42.] Sparta. [Gilbert II. 43, 44. •quirements above mentioned lost tlie political, though probably they retained the civil, rights of citizenship. The vTro/xctoves mentioned by only one authority in all probability denoted this class of citizens.^ This division of the "Citizens . is distinct from the division into nobles and Siy/AOTat, the first of whom only were permitted to become members of the 'Council of the Elders. ^ The political classification of the citizens was twofold. First, Political we must suppose that the three Dorian tribes, as they Classification. ^,^^^ q,^\\^^^ 'YXAeZ?, Av/xaves, and na/x<^vAot, had ex- isted at least in the earlier days of Sparta, although we can find no precise statement to that effect.^ The second division of the in the text. At the same time he identifies them with Aristotle's koKoX Kayadol^ but this supposition is refuted by Xen., Hell., iii. 3, 5, according to whom the 6>oiot are identical Avith the STraprtarai, among whom Aristotle's -5?7/ios was undoubtedly included. See Schomann, op. cit., p. 138 ff. Kopstadt, de rer. Laconicar. constitution. Lycurg. origine et indole, 87 if., regards the Sfioioc as the full citizens, who alone belonged to the hereditary tribes of the Hylleis Dymanes and Pamphyloi, while the new citizens, the yTro- jxeloves, were placed in the local Phylai. Lachmann, d. Sjpart. Staatsverf. 222 ff. explains the 6>otoi as Spartan nobles. ^ The assertion of Teles ap. Stob. Tlor., xl. 8, tov bk fi^ e/x/xeivavra (t?/ 0.7^717), KcLu e| avTou tov /SactXe'ws, els rovs eiXwras dTroaTeX\ov(n Kal Trjs iroXirelas o ToiovTos ov Aterexet is of course exaggerated to contrast effectively with the context. That the Spartans with incomplete rights were styled virofieioves is a conjecture made as early as Cragius, de Rep. Lac, i. 10, on the strength of Xen., Hell., iii. 3, 6, where they are distinguished from the Helots, Neodamodes, and Perioicoi. Herm., loc. cit., regards the virofidoves as the same as Aristotle's tq^ios (see also Kopstadt, op), cit., 83). Schomann, p. 133 ff., thinks they were citizens with fewer rights, Dorians, who had origi- nally been settlers in Perioican States. Kieger, de ordinum homoiorum et hypomeionum qui apud Lacedcemotiios fuerunt oric/i?ie, Giessen, 1853, 11 ff., believes them to be /xoOaKes and their descendants. 2 On the difference in rights between the koXoI KayaOol and the dij/xos see Arist., Pol., ii. 9, p. 48, 5ff. From among the nobles were taken, so it seems, not only the Gerontes, but also certain functionaries, e.g. the Paidonomos. Cf. Flut. Lye, 17 with Xen., de Hep. Lac, ii. 2. According to Schomann, op. cit. p. 138 ff., the distinction between them was not de iure but merely de facto. On the existence of nobles and inferiors see 12 ff. 2 My present view, which is in opposition to that expressed in my Stud, z. alt. spart. Gescli., p. 142 ff., is an inference from the inscription found in Thera : "TWloiv ^vfi({)aL. See Mitth. d. dtsch. arch. inst. in Atli., ii. 73. As the TXXeTs are found in the Spartan colony of Thera, we must suppose them to have existed in the mother State too. On the existence of 3 Dorian Phylai in other Dorian States see Miiller, Dor., ii. 70 (76) ff. A list of the older con- jectures about the Spartan Phylai is given by liopstadt, de rer. Laconicar, Constitution. Lycurg. origine et indole, p. 65 ff. 40 Gilbert I. 43, 44.] The SparimiS. [Gilbkiit II. 44, 45. citizens, which dates from the time of the composition of the so- called Lj^curgean pTjrpa, was a local division. The entire body of Spartan citizens was distributed among a certain number of local Phylai, — how many, we do not know. Among these we may reckon with tolerable certainty the IltTai/aTat, Mco-oarai, Ki^va.Ci% and Kwoovpct?, so called from ntraj/77, Mecroa, At/xvat or AifxvaLOVy -and Kvvoovpa, districts of Sparta. A fifth local Phyle in all like- lihood is Avfxr].^ These Phylai, which lasted down into the Christian era, were ■divided again into several sub-divisions. This can be proved for the Christian period, in which we hear of the Kporavol as a sub- division of the Iltrai/ttrat.^ It would be natural to identify these sub-divisions of the Phylai with the Obai already spoken of in the Lycurgean p^Jrpa, and mentioned also in later inscriptions, were it not that in an inscription dating from the first or second century B.C. we find an o)/3a tCjv 'A/>tu/s AaKedaifMou and Ovpdj/tos, cf. Hdt. 6, 56 and the author's Stud., p. 62 ff. Arist., Pol., 3, 14 = p. 84, 20, says of the Spartan kings, ^n 5^ rd irpbs Toi>s deods dTrodidorat. rois ^aaiXevaiv, 45 Gilbert I. 49.] Sparta. [Gilbeut II. 50. The independent judicial powers of the kings were of but little importance after the greater part of the civil jurisdiction had been Judicial transferred to the Ephors. The criminal jurisdiction, Functions. ^^^^ except in the very earliest times, was exercised by the Council of Elders. However, the kings undertook the decision of StaSt/cao-tat for the hands of heiresses, and in general all cases involving family rights; adoptions too took place before them. Eurther, they decided all cases which related to the public streets, and their delimitation from private property, which might often be a matter of dispute.^ But it was in their character of commanders-in-chief that the Lacedaemonian kings retained the greatest power and most privi- Functions as leges. They discharged this office in common until Generals. 5-j^Q^ when a law was made that only one king at a time might henceforth lead the army to war. According to Aristotle the Lacedsemonian kingship was an autocratic general- ship with an unlimited term of office. Even in Herodotus' time the kings had nominally the right to begin war against any they chose, and whoever interfered with them in "this was guilty of a grave offence. They were, however, liable to be called to account for their military undertakings when they were ended ; and they therefore generally secured themselves by previously obtaining the consent of the Ephors and the Apella. Thus it was quite in ac- cordance with the actual position of the kings, when in the 4th century they were only left the right of leading the army whither the State itself despatched it.^ In the field the kings had un- ^ See Hdt. 6, 57 : St/cdi'etJ' 5^ ix.ox)vo\}% tqvs /SacrtXeas T0s Trpea^vyeveas Kal dpxayeras dirocTTaTripas ^fiev. Cf. the interpretation of these regulations in the author's Stud., 134 ff. * We see that the members of the Apella did not possess the right of speaking from Arist., PoL, 2, ll==p. 54, 4 ff. : & 5' du elcrcpipoa-Lv o5tol {ol jSao-iXeis fierd tQv yep^vTWv at Carthage) ou diaKovcraL fibvov dirodiboaaL t($ biqpL(^ TO. bo^avra tols dpxovaiv, dWd K^ptot KpLveiv elcrl Kal rc^ (SovXo/jJvcp roh elcrcpepofiivocs dvTeLireiv ^^ecTTLv, owep ev rats iripaLs iroXtTeiaLs (Crete and Lacedeemon) ovk ia-TLv. Cf. too Plut., Lye, 6. In the assembly too described by Thuc. 1, 67 if., only the king Archidamos and the Ephor Sthenelaidas are introduced by name as speakers. And in the words in chap. 79, /xeTaaTrja-dfJieuot irdvTa's ejSovXe^ovro Kara (r(f)ds avroifs irepl toov irapbvTwv . Kal tQv fxkv irXeiovwv eirl rb avrb al yvu}/xai 'icpepov there is nothing to prevent us from supposing those en- titled to speak to be meant. The anecdote in ^sch., in Tim., 180/1, Plut., Praec. reip. ger., 4, 17, Didot, p. 978, is not equivalent to direct testimony. The manner of voting, KplvovaL yap §ori Kal ov xp-^cpip. Thuc. 1, 87. 51 Gilbert I. 56.] Sparta. [Gilbert II. 57, 58. tions of peace and war, campaigns, treaties, and in general on all questions of foreign policy. ^ Further, the Apella appointed the generals, to whom definite commands were to be given ; chose the Gerontes, the Ephors and probably various other magistrates ; decided any disputed claims to the crown ; decreed emancipations of Helots ; and perhaps voted on proposed laws.^ D. The Ephors. The board cf Ephors consisted of five members, and had a per- manent president who was the eponymous magistrate of the State. A majority of votes decided its policy.^ After the Ephors ceased to be nominated by the kings, their appointment was made Mode of ^y election ; every legitimate Spartan, who was of Appointment, the proper age, was eligible. As to the method of election, which Aristotle characterizes as childish, nothing can Official Resi- ^® affirmed with certainty.* The Ephors had an dence. official residence in the market place, where they took ^ The Apella decrees war and campaigns: Thuc, 1, 67-87. Xen., Hell., 5, 2, 11. 20 ; 4, 6, B ; 6, 4, 3. Plut., Ages., 6 ; peace, Xen., Hell., 2, 2, 20 ; 6, 3, 3. 18 ; treaties, Hdt., 7, 149 ; Thuc, 5, 77 ; questions of foreign policy, Xen., Hell., 2, 4, 38 ; 5, 2, 32 if. 2 The Apella appointed the generals, Xen., Hell., 4, 2, 9 ; 6. 5, 10 ; chose the Gerontes, Plut., Lye, 26, the Ephors, and in general the magistrates, Just., 3, 3; decided claims to the throne, Hdt., 6, 65/6, Xen., Hell., 3. 3, 1 ff.; freed Helots, Thuc, 5, 34 ; voted on proposed laws, Plut., Ag., 9, 10. ' Five Ephors, Xen. Ages., 1, 36 : ei iu r^J ecpopeliii ^tvx^v earrfKibs fiovos wapd, Toi>s TT^/re. Cic, de Hep., 2, 33, 58. Arist., Pol, 2, 10 = p. 51, 15 Bekker. Cf. the inscription found at Delos : e^aalXevov "Ayis Havaavias ' ^cpopoi ijaav Qvtiovidas ' Apiaroyevidas 'ApxtVra? HoXdyas ^ediXas. I. G. A., 91. One presided, Plut., Lys., 30: XaKparibav bk av8pa ^povL/uLov Kal t6t€ irpoecrTwra tcov ecpcpuiu. The president was, at the same time, iwcbw/Mos, Thuc, 5, 19. Cf. the inscription found at Tainaron, Bullet, de corresj). Hell., 1879, p. 97. Decisions by a majority of votes : Xen., Hell., 2, 3, 34, el 5^ eKcivy {ev AaKeSaifiovi) eTrixetpi^a-eii Tis T(j}v ^(popojv (xptI tov tols TrXeiocTL TreiOeadaL xpeyeLV re T7]U apx^v Kal ivavriouadai TdTs irpaTTO/JievoLS, ovk clv oteade avrbv Kal vir avrQv rOtv k(p'opiiiv koX virb rrjs &XXt]S airdarjs TroXews rrjs /xeyiaTrjs TLfxwpias d^L(jjOr)i'aL. Cf. 2, 4, 29. I cannot say what is to be deduced from the remark in Tim., Lex. Plat., p. 128, ^opoL = Lex. Seguer. 257, 28, where the number of the Ephors is given as nine. * Arist., Pol., 2, 10=p. 52, 8, describes the appointment of the Ephors as a aipeaLs €k iravroiv, and says of their ofhce, 2, 9=48, 8, KadiaTarai e^ dirdvTwv . Other expressions used by Arist. are rb e'/c tov dr]/xov elvai tovs iopeias /xerexovatv we can at most only conclude that the Demos did not itself elect the Ephors. We can say nothing for certain as to the mode of election. See also Schomann on Plut., Ag. and Cleom., p. 116 ff. Schenkl, in the Rivista di Filologia, 2, 1874, p. 373 ff., regards it as identical with that for the Gerontes. Gachon, de ephoris Spartanis, 78 ft*., Monspelii, 1888, supposes that the Gerousia chose from among the whole people those for whom the omens were favourable. Their names were then laid before the people, who chose from among them. ^ Mention of the i6p(av mentioned in Plut., Cleom., 8, was plainly in the ic}>opeiov. Cf. also the position of the temple of Fear de- scribed in chap. 8, 9. 2 The responsibility of the Ephors appears from Arist., Rhet., 3, 18=p. 146, 32, /cat ws 6 Ad/cwv evdwofievos rrjs ecpoplas. Plut., Ag., 12, apparently deals with a similar case. That they gave m their accounts before their suc- cessors may be inferred from Arist., Pol., 2, 9=48, 29, Sb^ei.e d' clv ij rwv ecpopwi/ dpxv TTcto-as eWvpetv ras dpxds. Cf. Plut., Ag., 12. The Ephors' decree with which they began their year of office according to Arist. ap. Plut., Cleom., 9, KeipeadoLL rbv fxvaraKa koL irpoa^x^iv roh vdfMOLS. See Plut., de sera num. vitid., 4. That the Ephors entered on their office about the Autumn equinox appears from the fact that those Ephors who were in office in the Attio month Elaphebolion, were Ephors no longer, toO kiriyiyvoixivov xet/Awj/os. Cf. Thuc 5, 19 with 36. 53 GiLBEKT I. 58.] Sparta. [Gilbert II. 59, 60. torical section.^ They are here brought together without regard to their historical development. In the first place the Ephors had They Summon ^^® right to summon the Apella, and to preside over and Manage its meetings. They possessed similar rights in regard Councu of the to the Council of Elders.^ The Ephors and the Elders. Council of Elders together represented the supreme governing power, the latter chiefly the deliberative, the former the executive side.^ Before the Ephors as presidents of the Council of Elders accusations for criminal offences were made; these they either disposed of themselves or decided in conjunction 1 Spakler, de epiior. ajJ. Laced., 1842, p. 55 ff., has collected many incidents illustrating the Ephor's functions. 2 The Ephors' right to summon the Apella, Xen., Hell., 2, 2, 20 ; Plut., Ag., 9; to manage it, Thuc. 1, 87. Cf. Xen., Hell, 5, 2, 11. They deliberated with the Gerontes, Hdt. 5, 40. From Xen., Hell., 3, 3, 8, we may conclude that they summoned the Gerousia ; and from the circumstance that even in Herodotus' time the kings did not preside over its meeting, that the Ephors did so. Hdt. 6, 57 says of the kings merely, irapi^eiv ^ovXevovai. tols yipovai. On the Ephors' right of initiating legislation, see Plut., Ag., 5, 8. 8 Plut., Ages., 4, tells us of Agesilaos' age, tQv i(})bpwv i)v t6t€ koI tuv yepbvTwv rb fi^yi(TTov kv rrj iroKndq. Kpdros. The expression tcl t^Xtj used by ancient writers denotes in my judgment quite universally the highest authority in the Lacedaemonian State. Naturally the Ephors in their character of an executive magistracy were generally regarded by outsiders as the wielders of this authority; but the two expressions ol ijpopot snid to. t^Xt] are not absolutely identical. This is shown clearly by Xen., Anab., 2, 6, 2-4. The Ephors sent out Clearchos and recalled him, but he was condemned to death virb Tuv kv IlirdpTxi reXusv, i.e. by the supreme authority, undoubtedly in this case the Gerousia under the Ephors' presidency. Xen., Hell., 3, 2, 23, means, by TO. t^Xtj, the same authority which immediately before he describes as ol ^(popot Kai 7] iKKXrjala. In Xen., Hell., 6, 4, 2/3 we must suppose similar repre- sentatives of the State's authority. When Plut., Lye, 14, the Ephors sent to Lysander introduced'the terms of peace for Athens with the words, rdde rk riX-q tQv AaKedatfiovLuv ^yvu, they meant, " The State of the Lacedaemonians considered the following terms just." I remark this in refutation of Trieber in the Verh. d. 28 Philologenvers., 1872, p. 39 ff. ; andKonig, rd tAt? et ol ivr^Xei verbis quinam inlellegendi sint., D. i. Jena, 1886, both of whom identify rd tcXt] with the Ephors. The more concrete ol h rkXei, which Trieber regards as a council of war, serves, according to Konig, p. 52 ff., to designate the Ephors, Gerontes, and the other higher magistrates, including the kings. It perhaps denotes the magistrates as representatives of the State. Fleisch- handel, d. spartan. Verf. b. Xenoph., p. 39 ff., 129 ff., 1888, argues that Xenophon's expressions ot oIkoi, ol olkol dpxovres, rd oIkoi riX-q, rd TeXrj, Hopoi. Kol ol ^kkXtjtol, i(f)opoL KoL iKKXrj(j-La, KOLvbv tCov AaKedaLfMOvicjv, ttoXls are of a general character, and indicate the State. Spakler, de ephor. ap. Laced., 1842, p. 77 tf., regards rd riX-q and ot h rAet 6Vres as those who were entitled to vote in the assembly. 54 GiLBEKT I. 59.] The Ephors. [Gilbert II. 61. with the Gerontes. Similarly the execution of the punishments was entrusted to them.^ The political misdemeanours of the kings, whom the Ephors could throw into prison until a judicial decision had been pronounced, were judged before the same court and in the same way.^ As executive magistrates the Ephors carried out the decrees of the Council of Elders and of the Apella, — especially those which concerned foreign affairs. In our authorities very Forei^ many measures within the sphere of foreign politics Affairs, are represented as proceeding from the Ephors ; but we obviously cannot suppose that these are all instances of independent de- cision on their part. All important resolutions were adopted by the Apella after previous deliberation in the Council of Elders ; but since our authorities in most cases had no occasion to describe the full procedure, which a command issuing from the Ephors had passed through, what was perhaps merely the determination of the Apella, executed by the Ephors, often appears in our author- ities as a direct command of the Ephors.^ It is necessary in order to form an opinion of the powers and position of the Ephors, to bear this in mind when considering what is told us of the inter- 1 Arist., Pol.^ 3, l=p. 60, 16, ol U y^povres rds (popiKoa (Si/cdfouo-:). Xen., Hell, 5, 4, 24, says, ol 5' ^(f>QpoL aveKoXeadv re tov Il(po8pLav /cat virrjyov davdrov. This indictment took place before the Gerousia : for attempts were made evixevrj eh T7]v Kpiacv irapaax^^^ Agesilaos in Sphodrias' interest. Xen., ihid., § 26. Cf. ihid., § 24. Plut., Ages., 24, 25. In Pint., apophth. Lac, p. 272 Didot, in a dictum of Thectamenes we have KorayvbvTwv aurod ddvarou tu>v ecpopwv ; but evidently the Ephors are only mentioned there because they presided over the Gerousia and, as executive magistrates, carried out the sentence. Cf. Plut., Ag., 19. 2 Paus. 3, 5, 2, ^aaiXei 8k tc^ AaKedaijxoviojv diKaa-rripiov eKddi^ov o'i re ovofia^ofievot, y^povre^ 6kt6pois koX ry eKKXrjcria, dvayKahv elvai (TTpareijecrdai. It decrees peace, Xen., Hell., 2, 2, 20 ; 6, 3, 3. 18. Treaties, Hdt. 7, 14.9 ; Thuc. 5, 77. Cf. Dum, Entsteh. u. Entwichel. d. spart. Epliorats., p. 149. 55 GiLBKRT I. 60.] Sparta. [Gilbert II. 62. ference of the Ephors in foreign affairs. The Ephors either re- fused admittance to foreign ambassadors at the frontier, or al- lowed them to enter and carried on the negotiations with them. It rested with them to say whether they should have an inter- view with the Apella or not.^ When war was to be undertaken the Ephors issued the order for mobilising the troops, stating the years that would have to serve, and gave the command to depart to the generals appointed by the Apella.^ The Ephors, as presi- dents of the Council of Elders and of the Apella, were in direct communion with the generals, gave them instructions, and re- called them. In later days two Ephors regularly accompanied the kings on their expeditions.^ The Ephors also interfered arbi- trarily in the government of the allied cities.^ The police duties probably entrusted to the Ephors at their first institution, developed in course of time into a universal power of Police Super- supervision over the whole State, with which was vision, naturally connected the power of inflicting punish- ^ Ambassadors refused admission by them at the frontier, Xen., Hdl.^ 2, 2, 13. Negotiations between the Ephors and foreign ambassadors, Hdt. 3, 46 ; 6, 106 ; 9, 7-9. Thuc. 1, 90. Xen. 3, 1, 1 ; 5, 2, 11. Polyb. 4, 34, 5. Pint., Cim.,6. Them. J 19. Diod. 11, 40. Ambassadors made their proposals before the Ephors and the Apella : Xen. 2, 4, 38 ; 5, 2, 11. Polyb., 4, 34, 6, says of such an ambassador, r<^ 5^ 'Maxdra awexdoprjaau (sc. oi ^(popoi) duiaeiv ^ Xen., de rep, Lac, 11, 2, irp^Tov fih toLvvv ol ^(popoL trpoK-qpirTovcn ra irr] els & Set (TTpaTeveadac. The technical expression for this is (ppovpdv (palveiv. Hell., 6, 4, 17. Xen. uses this repeatedly, e.g. 3, 2, 5 ; 3, 5, 6 ; 4, 2, 9 ; 5, 3, 13 ; 6,' 5, 10. The Ephors despatched the generals and armies on special services. Hdt. 9, 10. Thuc. 8, 12. Xen., Hell., 2, 4, 29 ; 5, 1, 33 5 5, 4, 14 ; Anah., 2, 6, 2. General's appointment regularly made by the Apella : cf . what Xen., Hell., 4, 2, 9; 6, 5, 10, says of the general's appointment as contrasted with the (ppovpd ^aiveiv of the Ephors. Cf. Dum., op. ciL, 148. 151/2. 156. 3 The Ephors gave the generals instructions : Thuc. 8, 11 ; Xen., Hell., 3, 1, 1. 7 ; 3, 2, 6. 12 •, Diod. 14, 20 5 recalled them : Thuc. 1, 131, Plut., Lys., 19, Ages., 15; Apophih. Lac, p. 257 Didot, 39, 41. First entry of the Ephors' official residence by the generals after their return, Plut., Lys., 20. All instructions of importance were of course given by the Ephors only after they were authorized to do so by the Gerousia or Apella. Cf. e.g. Xen., 6, 4, 3, with Plut., Ages., 28 ; and Xen. 5, 2, 32 ff. For the form in which orders were given to generals at a distance, i.e. for the aKVTdXr), as it was called, see Plut., Lys., 19. GelL, N.A., 17, 9. Schol. ad Arist., Birds, 1283. Auson., epist., 23, 23. Two Ephors accompanied the kings in war : Xen., Hell., 2, 4, 36. (iiairep yap vofxi^erai ^vv ^aaiXel 5{fo tQv ^(pbpuv ^varparevejOai. Cf. de rep. Lac, 13, 5. Hdt. 9, 76. * Xen. 3, 4, 2. 5, 2, 9. 56 Gilbert I. 61.] The Ephors. [Gilbert II. 02, 63. ment. The Ephors superintended the education of the young. Every ten days the Epheboi had to appear before the Ephors naked to be examined ; their clothing and their quarters were subject to the Ephors' inspection. Moreover they supervised the relations of the older youths towards their proteges. In case of any particularly serious offence on the part of the boys or young men the Paidonomos brought the culprit before the Ephors for judgment. The Ephors annually appointed the three Hippagretai from among the young men, the Hippagretai again selecting the Hippeis.i Even when the young men had been enrolled among the adults, their outward behaviour remained under the control of the Ephors, who could punish any Spartan for any act which in their opinion was unseemly.'^ This power of supervision and punishment possessed by the Ephors extended even to the other magistrates. They could sus- pend them from their offices, put them in prison, and impeach them on capital charges. Lastly the magis- ^^ve?the" trates at the conclusion of their year of office had to Magistrates render account of it before the Ephors.^ The kings ^^ ^^' were in a similar position of dependence towards the Ephors, who exercised supervision over the minutest details even of their social conduct.* The kings were bound to appear before ihe Ephors at the third summons. The Ephors, unlike the other Spartans, did not rise from their seats in the king's presence. Every month 1 The summons issued by the Ephors on entering office, irpoaix^iu rots p&/j.ots, is a particular manifestation of their general supervision of the laws. Pint., Clem., 9. Examination and control of the Epheboi, Agath- archides ap. Ath., 12,550 C. Aelian, Var. Hist., 14, 7. 3, 10. Punishment of the disobedient, Xen., de rep. Lac, 4, 6. Selection of the linraypeTai, Xen., ibid., 4, 3. Dum., op. cit., p. 120, concludes from Xen,, Hell., 6, 4, 16, that they also presided at the games. Cf. Pint., Ages., 29. * Xen., de rep. Lac, 8, 4, ^(popoi odu .'iKavol fiiv elai ^rifitodv 8v clu ^ovXwPTat, KipioL d'eKirpcLTTeiv irapaxpviJ^a- Examples in Dum., ibid., 120 fF. ^ Xen., de rep. Lac, 8, 4, K^pioL bk /cat dpxovTas fiera^d (/cat) KaTairadaai koL etp^al 7e koL irepl ttjs \pvxv^ ds dyujva KaTaaTTJaai. Arist., Pol., 2, 9=p. 48, 29, 56|ete de av rj tQv etpopojv dpxr) irdaas ei/diveiv ras dpxds. Sphodrias impeached by the Ephors, Xen., Hell., 5, 4, 24. * The Ephors obliged King Anaxandridas to marry another wife, that the royal family should not die out, Hdt. 5, 40 ; they watched over the confinement of this king's wife, that no suiDposititious child should be foisted upon them, Hdt. 5, 41 ; they punished Agesilaos 6tl roi/s Koivoi/s ToXlras idiovs KTcLrac, Plut., Ages., 5. The Ephors' supervision of the queens : Plat., Alcib., 1, 121. 57 Gilbert I. 62, 63.] Sparta. [Gilbert II. 64. the kings took an oath before the Ephors to govern according to the laws of the State, when the Ephors answered by promising in that case to preserve the royal power undisturbed. ^ Every nine years, finally, the Ephors observed the heavens on a clear moonless night, and if they happened to see a shooting star, it was taken as a sign that the kings had been guilty of a re- ligious offence. The Ephors then suspended them from their office, until an oracle favourable for the kings came from Delphi or Olympia.^ Again, the Ephors' supervision extended to the ^anceof*tSe I^erioicoi and Helots. They had the power of put- Perioicoiand ting the former to death without trial; the K^virrda. was under their direction.^ Any evil foreign in- flaences which became serious at Sparta were removed by the Ephors, sometimes by the Xenelasia, sometimes bv Xeuelasia.. r i •/ ? ^ some other direct mode of interposition.* The financial Control of the administration and the State treasury were under their Finances, special management and superintendence. Hence they received the war-booty, and managed the taxation.^ Reliffious Lastly, the Ephors had certain religious duties. At Functions, any rate in later times they offered a public sacrifice ^ Plut., Cleom.^ 10, says that the king had to obey the Ephor's third sum- mons. Xen., de rep. Lac.^ 15, 6, tells us, /cat eSpas 5e Trdires viravLarapTai jSacriXet irXrjv ovk ^(popoi dirb tCov e(popiKwv 8i(ppu}u. The personal honour which, according to Plut., Ages., 4, that king showed to the Ephors is made a duty of all kings in Plut., 2>rcec. reip. ger., 21. The oaths of the kings and Ephors, Xen., ibid., 15, 7 : koI 6pK0vs dk dWrjXocs Kara firjua iroLovvrai ^(j>opoi fxev virep ttjs TToXews, ^acnXevs 5' virep eavrov. 6 de 6pKos earl t<^ fjLeu jSacrtXet Kara rods rrjs irdXews KeifxAvovs vbpLOVs /3acrtXe(^(reiv, tj 5e irbXei efiiredopKOvuTOS iKcivov darvipeXiKTOv ttjv ^aaiXelav irape^eiv. Nicol. Dam. 114 ap. Miiller., fr. hist, gr., 3, 459, narrows down this reciprocal oath to a single oath of the king at his accession. Polyb. 24, 8b describes the relation of the kings towards the Ephors as that of children to their parents. 2 Plut., Ag., 11, 5t' krQv kvv^a Xa^wres oi ^(f>opoL v^iKra KaOapav koI daeXrjvov aidiTry Kadi^ovrai irpbs oipoLvhv diro^XiirovTes. edv odv €K [xipovs tlvo$ els erepov jxepos darrjp dLq,^y, Kplvovai tovs ^aaCKeh cos irepl rb dehv i^afiaprdvoPTas Kal KaTaTravovs e^ dXXuu iroXeoov iJKovTas =Schol. Arist., Birds, 1021. Cf. Hesych., suh verb. Monceaux, les proxenies grecques, 6 ff., Paris, 1886, regards these irph^evot not as magistrates, but persons selected by the kings to receive strangers from a city which had no irpd^evos at Sparta. Hdt.'s turn of expression, however, makes me still think them magistrates. This naturally does not exclude the possibility that individual States had their own irpb^evoi in Sparta, and Sparta had hers in other States, as Monceaux, op. cit., 146 If., demonstrates. ■* The single thing we know of the c/att Awpot is the short gloss of Hesych., e/xTri\(apos- ayopavopior AdKwves. For the later dyopavS/noi., S3e p. 26. Of the apixbavvoL we are similarly informed by Hesych. only dpixbcrvvoc dpxv tis ev XaKedalfj.ovi iiri ttjs eiKoa/xias t(2v yvvaLKQiv. I can make nothing of Hesych. , yepocLKTai' ol drjfiapxoi' irapx AdKucrtv and e pLiraa^UTas' dpx^^6v tl ev AaKedai/xovi,. 59 Gilbert I. 64, 65.] * Sparta. [Gilbert II. 66, 67. was the TratSoi/o/xos ; the a/xTratSe? were perhaps his sub- ordinates.^ We must also mention the KvOrjpo^tKrjs, who was sent from Sparta to Cythera, and 20 apfxoa-Tai, with whom we have ah-eady dealt more fully .^ Military Of the military magistrates far the most important Officers, ^^g ^-^Q vavapxos, who, during his one }• ear of office, was in command of the Lacedaemonian fleet. The office vcivapYos* of vavapxo<;, which might only be filled by the same person once, was styled by Aristotle a second kingship, and ex- isted demonstrably in the time of the Persian wars.^ The vavapxosi' . ^ , deputy in his office was the ,e7rtcrToA.€us.* We must also mention, as military oincers, the TroXefxapxoL with their (rvfJi.6p(i>v. The Kpeo)BaLTr)v Tratdcav iinueXoijfjLevoi irapd AaKojaiv. Perhaps this place was subs3quently taken by the ^ideoL or ^idvoi. See for them, p. 26. 2 For the KvdrjpodLKrjs, vid. Thuc, 4, 53. Our information about the 20 dpfioa-Tal is given by the Schol. ad Pind., OL, 6, 154 : ^crav 5^ dpfioaTai AaKedai/xouMv eiKoai. Of. p. 36. For the harmosts in the States of the league see below. ^ On the Nauarchia in Sparta, see Beloch in the N. Rh. Mus., 34, 117 ff. Fleischhandel, d. spart. Verf. bei Xenophon, 57 ff., collects the passages in Xenophon. Arist., FoL, 2, 9 = p. 49, 30: ewl ydp toIs ^aaiXedaiv odcn crrpaT-nyois didioii 7] vavapxia crx^Sbu iripa ^adCKela Kad^arrjKev. Eurybiades is called vaijapxos by Hdt. 8, 42. See also Diod. 11, 12. Beloch., ibid., 119 ff., shows that the Nauarchia lasted a year, oi) ydp v6p.os airroh bis top avrbv vavapxe'cy. Xen., Hell., 2, 1, 7. Cf. Plut., Lye, 7 ; Diod. 13, 100. * That the iinffToXeus was the vice-admiral appears from Poll. 1, 96 ; Xen., Hell., 2, 1, 7 ; Plut., L^JS., 7. Cf . Xen. 1, 1, 23 ; 4, 8, 11 ; 5, 1, 5 and 6. Once we find, instead of iTnaToXei/s the title iinaTo\i.as i(pTfil3ovs KoXodai)' biiKpLvov 5^ avToijs dpa rfj TJ^rj, tovt^ speaking see Plat., Protag., 342. 64 Education. [Gilbert II. 72, 73. Although those tpavc?, who were the heads of the ^oCat and tXat, were entrusted with the general instruction and supervision of the youths and boys belonging to their particular divi- elo-irv^Xas sions, it was customary for a friendship which lasted and diTas. beyond the years of the Agoge to be formed between each youth of a greater age and a boy, the object being the education of the younger. The youth was called, with reference to this relation, cio-TTi/TjAa?, because he was filled with love for his protege : the boy atras, because he was to listen to the teaching and instruction of the ctcr7n/>yA.a?. This relation was regarded as that of lover and love, but its degradation to sensuality was visited with heavy punishment.^ The public Syssitia at Sparta had also, without doubt, a mili- tary object, and in their inner significance may be regarded as associations of mess-comrades in a camp. Indeed, their ^ , . Syssitia. military character is attested by the designation of the members of such a Syssition as a-vaKyjvoi y by the Polemarchs' supervision of them; and by the explicit testimony of ancient writers.^ At Sparta the Syssitia bore properly the name dt'Speia, ^ On the duties of the tpaves, who were the heads of the divisions, see Pint., Lye, 17, 18. That the lovers were young men, is attested by Pint., Lye, 17 : ^5?; 5^ ro7s rrjXiKoijTOiS epaaral twv evdoKificov viiov crvvavecTTpicpovTO. They were responsible for the boy's conduct, Lye, 18 ; Aelian, Var. Hist., 3, 10. Sensuality punished by lifelong Atimia, Aelian, ihid., 3, 12 ; Pint., Instit. Lac, 7. For the meaning of ela-jrvriXas and dt'ras see Schomann ad Plut., Cleom., 181 ff., and the authorities quoted Ant. iur. puN. Gr., 137, no. 5. Ela-Trv/jXas is to be regarded as the lover, diras as the love. Vid. Et. M. : dhas' 6 ipcofievos' irapa to dcLV, 8 i}/x€vov. 66ev /cat ela-rrv/jXas KaXovat. roi)s ipaaras irapd AdKWffiv. Accordingly, elairveTv is used of the object of affection, elairveiadai of the lover, as appears from Xen., Symp., 4, 15 : Sid yap rb efnrvelv tl i]fj.ds Toi>s KaXods tols ipcortKoTs, and Plut., Cleom., 3, where, in explaining epaarov yeyovoros, he adds, toOto 5e efxiri/eTadaL Aa/ceSai- fxovioL KaXovffLv. 6 ei(X7rv7)Xas, as the lover, must consequently have a passive sense, he who is breathed upon by love through the beloved. A passive meaning for elatrvriXas is assumed also by the explanation which makes ela-TrvrjXas 6 ipcofievos, which proceeds from the supposition that elairveTv = epav. See Aelian, Var. Hist., 3, 12 ; Et. M., elaTrvqXrjs. 'Atras, according to Aristoph., in the Lex. Saguer., 348, 2, 6 ipJofxevos, is to be derived from dtw, not as the Et. M. gives, from dew, &r]fjiL. 2 On the Syssitia's military character, vid. Oncken, d. Staatslehre des Aristot., 2, 325 ff. The members of a (PlUtlov were called a^aK-rjvoL, Xen., de rep. Lac, 7, 4 ; 9, 4 ; 15, 5. Xen., 15, 4, calls the feeding together aK-qvelv ; the State guaranteed the kings a Srjixoa-ia a-Krjvri. Of. Trieber, op. cit., p. G.A. 65 F Gilbert I. 71, 72.] Sparta. [Gilbert II. 73, 74. and. later <^iliria.} In all probability all Spartans of more than twenty years old (with the exception of those tpaves who were the heads of ^ovai or TXat) were entitled and bound to be participants in the Phiditia.^ Originally the kings seem to have been exempt from the duty of taking their meals in their Phidition ; but later the Ephors compelled them to do so. Only those might absent themselves who were offering a family sacrifice or were away hunting. The Phiditia ceased only when a State sacrifice was being offered, with which general feasts were regularly con- nected. ^ The number of members of a Phidition was about fif- teen ; in order to secure complete harmony within the Phidition,* new members were admitted only by unanimous consent. The expenses of the king's table were met by the State; all other 21/2. The Polemarchs superintendence is attested by Plut., Lyc.^ 12. In Plat., Laws.^ 1, 633 the Athenian interrogates the Spartan, who replies in the affirmative : ra avaalria (pafiev Kai rd yvfivdcia irpbs rbv irdXe/xov e^rfvpTjadai T^J vofjLodeTrj'j Of the Cretan Syssitia, Plat.,, ihid., 1, 625, says: iiret kuI ra ffvacirca KcvdvuevcL ^vvayayeiv 6p(jou, ws Trdvres, biroTav (TrpaTevuvrai, rod'' utt' avroO rod TrpdyfJbaTos dvayKd^ovrai (pvXaKrji avToiv iveKa ^vccnreiv tovtou rhv %/)6j'oj'. Cf. Dionys. Hal. 2, 23 ; Lex. Seguer. 303, 21. See Bielschowsky, de Spartano- rum syssitiis, p. 32 if. 1 On the Syssitia cf. Mtiller, Dor., 2, 198 (210) fF. ; 269 (283), and Bielschowsky, de Spartanorum syssitiis, Breslau, 1869. For the oldest name, see the fragment of Alcman, quoted by Ephoros ap. Strab., 482: (poivais 5e Kai iv didaoLcriu —dvdpeicou irapd daiTVfioveacn irpeirei. iratdva Kardpx^i-v with which agrees Arist., Pol., 2, 10 = p. 51, 11 : /cat Tb ye dpxa'^ov eKdXovv (sc. rd (TucrcriTia) ol AdKcoves ov 0i5ma d\X dubpela, KaOdirep ol Kp^res. That (piSiTia — in the MSS. often changed into 0ei5ma— is the right form, is shown by the line of Antiphanes, quoted in Ath. 4, 143 a., and by Plut., Lye, 12. For the etymology of the word (piSiTLov, see Plut., Lye, 12. Schomann, Griech. Alterth., 1, 286, takes it to mean a "sitting"; Bielschowsky, p. 12, supposes the original full title was dvdpeta ^idirLa, meaning cense virorum, and derives it from ^beLv. 2 That the Spartan youths, after completing their twentieth year, took part in the Phiditia has been inferred from Plut., Lye, 15. See Bielschow- sky, 14/15. Of course we cannot be absolutely certain. The ipaves who supervised divisions fed with their charges, Plut., Lye, 17, 18. 3 Acording to Hdt., 6, 57, the kings might or might not attend the Phidition ; this was not so later. Plut., Lye, 12 ; Apophth. Lae, p. 278, 6 ; cf. Bielschowsky, p. 17 ; Plut., Lye, 12: e^rjv ydp oikol deLwve'iv birbre 66(Tas tcs rj Kvvrjywv orpiaeie, roits 5^ dWovs ?5ei irapetvai. Hesych. : d^eStros (Cobet, dipibiTos)' rifiepa irapi A.dKU>dvr]s, QovKvdLdrjs d^ irivre, ' ApKTTor^Xrjs d^ eirrd. Only we must begin from Hesych. and suppose Aristotle really gave 5 lochoi, and alter Photius accordingly. For Thuc. 5, 68 in reality counts 7 Spartan lochoi, and therefore plainly his number has been interchanged with Aristotle's in Phot. See Rose, Aristot. pseudep., p. 492, no. 154. I regard it as quite unallowable to explain the 5 Thucydidean lochoi in Phot, by the 5 Argive lochoi in Thuc. 5, 72, as e.g. Trieber, ibid., p. 11, does. * The Schol. on Arist., Lysistr., 454, where 4 lochoi are mentioned, says, dpyorepov t6 AaKibvwv ioLKev e^eipydadai 6 Tronjrris. X6xoi yap ovk elal r^rrapes ev AaKeSaifiovLq., dXXcL Tr^ire "ESwXos, Stvis, 'Apijuas, IlXods, Meffffodyrjs. 6 5k Qovkv- 5id7]s eirrd (prjcn x^P'-^ ''<*"' '^KipLTwu. The Schol. on Thuc. 4, 8 calls the 5 X6xoi At5c6Xtos, 1,briS, laplvas, XIAods, MecxaodTT]^. Hesych. says under 'E5a)X6$- Xoxos AaKedai/xouiuv ovtcos iKaXeiro. MecrodrT/s undoubtexlly is derived from the Kiviui.7] Mesoa, and the Xoxos HiTafdTrjs recorded Hdt. 9, 53 (cf. Herodian, 4, 8) presents nothing suspicious, especially as Hdt. was connected with the 68 Gilbert I. 74, 75.] Divisions of the Army. [Gilbert II. 77. were the Aoxayot', in addition to whom there were already ttoXc- [xapxoi who perhaps were employed on independent commands.^ We first hear of a change in the Lacedasmonian army organiza- tion in 425. The Spartan and Perioican hoplites were then amalgamated. This was probably due to the heavy losses which the Spartans had suffered in the great earthquake of 465. Spartans and Perioicoi were now incorporated in the same lochoi.^ In con- sequence the number of lochoi was increased. In B.C. 418 the Xoxoi were the largest divisions in the Lacedsemonian army: every \6)(p<; contained 4 TrevrrjKoa-rveq, each irevTrjKocrrv^ 4 ci/co/xortac.^ The Pitanatan Archias. Vid. Hdt. 3, 55. We must then substitute ULTavaT-qs for one of the lochoi names above given, the forms being plainly corrupt. If we follow Thuc. 1, 20 (see also Hesych. Iltra/'dTijs), who denies categori- cally the existence of the \6xos ULTaviT-qs {vid. too Bauer in the Phil.^ 50, 422 if.), there still remains the hypothesis that Hdt. called the lochos, which he describes as that of the Pitanatai, \6xo^ ULTapdrris because it was composed of them, though its official name perhaps was not taken from the Ku}iji7) Pitane. It is not open to us to substitute the names of the Spartan /cw/xat throughout for the lochoi names we find recorded, as E-iistow and Koechly do ibid., p. 37, 7. Trieber, op. cit.^ pp. 11/2 considers our author- ities as so worthless that he passes them over with a few words. Stehfen, who op. cit. 617 regards Aristotle as the ultimate authority for the number 5 of the lochoi in the lexicographers, supposes (p. 8, 1), that this assertion was erroneously attributed to Aristotle, who was perhaps speaking of the 5 KQfxaL at Sparta. Harp, /jbopa serves to refute the idea that Arist. attested the number 5. Whoever assumes, as Stehfen does, that in course of time changes were introduced in the tactical organization of the Spartan army, cannot possibly offer any objection to the various declarations of Arist. which refer to different periods. I still regard the views I propounded in my first edition as the most probable. ^ Hdt. 9, 53, says, 'A/tio/i^dperos Xoxvy^^^ ''"oO Hiravi^Teuiv \6xov. He is counted among the trpQiTOL^ and evidently has a voice in the council of war, Hdt. 9, 55. Ta^lapxoL in Hdt 9, 53 is, judging by the context, not an official title. Cf. on this title Trieber, ibid., p. 12 ff. EyatVeros 6 Kap-qvov e/c tQiv iroKeixdpx^^v apaip-qixivo^ is mentioned, Hdt. 7, 173, as leading the Lace- daemonians at Tempe. 2 The hoplites to garrison Sphacteria were drawn by lot airb irdvrwv tCjv \6xojv, Thuc, 4, 8, and consisted of Spartans and Perioicoi, Thuc. 4, 38. 2 The number of the \6xoi, which in the first edition I estimated at 7, following Thuc. 5, 68, is better left undetermined. The hypothesis of Stehfen, op. cit, 19 that there were 12 lochoi, is not proved. The account of the battle at Mantinea, Thuc. 5, 67-73, involves many difficulties. The following objections to Stehfen's views, p. 18 ff., suggest themselves: Thuc. 5, 64 says of the expedition of the Lacedaemonians eurauda 8r] ISorjOeta tCov AaKedaifjLOvicjv yiyverai airQv re /cat tQv EI\u)T03U iravdrjixd o^eia /cat ot'a. o&'ttw irporepov ; undoubtedly he understands among the Helots the veodafidjdeLs and B^ao-tSetot mentioned 5, 67, just as, Thuc. 7, 19, Helots and Neodamodeis are 69 Gilbert I. 75.] Sparta. [Gilbert II. 78. Xd;(os was commanded by the Aoxayos, the TrevxT/Koorri;? by the Trevrry- KovTT^p, the ivw/xoTta by the ivm/xoTapx']'*' The TToXiixap^oi were in immediate attendance on the king, transmitted his orders, and in difficult operations took command of separate lochoi.^ In the course of the Peloponnesian war yet another alteration was introduced in the tactical arrangement of the Lacedaemonian army. We first hear of it for the year 404.^ From this time the Lacedaemonian army contained 6 /xopat, each fxopa 2 Xoxot, each mentioned together. If 5, 68 to AaKedaLfiouicjv rbre irapayevbixevov irXrjdos is counted by itself dvev ^Kif>LTuv^ that is merely because the Neodamodeis and Brasideioi were not incorporated in the lochoi. According to the calculation in Thuc. 5, 68, the number of Lacedaemonians in the 7 lochoi on the left wing was about 3600 men. To these must probably be added the two lochoi mentioned Thuc. 5, 71: with Stehfen 18/9 I suppose from the context of chap. 71 that they were " on the right " (see Thuc. 5, 67). Thus about 4600 Lacedgemonians, Spartans and Perioicoi took part in the engagement. If to these be added to '^ktov fjL^pos, iv (^ Tb vpea^vTepdv re Kai t6 veiJjTepov -qu (5, 64) that is, the men of the oldest and youngest years from the various lochoi, who were sent to the rear, we get as the sum total of the Lacedaemonians about 5400 men, a number not too small, when the obvious fact is borne in mind that only the well-to-do served as hoplites. In 394 at Corinth there fought 6000 men (Xen., HelL, 4, 2, 16), although not all Lacedaemonians who were liable to serve were there ; we must therefore notice that by that date another military reform had been introduced, .vhose tendency undoubtedly was to increase the number of Perioicoi bound to serve. Thuc. 5, 68 gives us the tactical arrangement of the army. There we read : Xoxot fiiv yap ifJLdxovTO ewTa duev ^KipiTuv, 6vT(av e^aKocriup, iv dk eKdaTip \6xv TrevTrjKOcrTijes fjaav Tecraapes /cat iv ttJ TrevTr}K0(7T6s ivufMOTiai Tiaa-apes. ^ As to the command in the army Thuc. 5, 66 tells us /SaaiX^ws yap dyoPTOS VTT iKeiuov irdvTa dpx^TaL, Kai Toh jxkv woXe/JidpxoLS aiiTos (ppd^ei t6 5^op, oi 5^ ToZs Xoxayots, iKelvoi d^ roZs irevTrjKOVTTJpaiy, aWis 5^ oiVot tois ivojp.OTdpxai'i, Kai o^Toi TTJ ivojfMOTig.. The two Polemarchs who in the battle of Mantinea led two lochoi (Thuc. 5, 71), were undoubtedly despatched by Agis, to execute the manoeuvres which he designed. 2 The Lacedaemonian Moral are first mentioned Xen., Hell., 2, 4, 31. That the place of the \6xos was taken by the /ndpa seems to be shown by Hesych., /xdpa p-iprf TLvd. koI fieprj tov (XTpaToO t) Tdyfia. irapd ydp AaKedaifiouiois ol TraTpiXoxoi {irplv \6xoi.) fiopa addis dvofxaad^vTes. Trieber, ibid., p. 4 ff., tries to show that the Moral were an institution existing at Sparta from the very first. But in Hdt. 9, 60 fMolpa certainly stands in merely the general signification of part, and we can draw no conclusion as to the existence of the moral from the fact that Hdt. and Thuc. mention Polemarchs, for in Thuc. 5, 71 the Polemarchs manifestly lead the lochoi. There is nothing ' strange in the simultaneous existence of lochagoi, for the Polemarchs re- gularly were in attendance on the king and conveyed his commands. Vid. Thuc. 5, 66. 70 GriLBERT I. 76.] Divisions of the Army. [Gilbert II. 79, 80. Xo;(Os 4 TrcvTTyKOOTTuc?, each 'K(.VTr]KO(TTvs e/c irdcrrjs r^s arpaTias ' AfiVKXaiovs KareXiireu 'AyrjcrLXaos ev Aexaty- ^ Xen., Hell., 5, 4, 13, tells us that those virep reaa-apaKovra d0' ij^-qs were no longer bound to serve abroad. See Plut., Ages., 24. The man liable was called e/j,(ppovpos, Xen., de rep. Lac, 5, 7. Exemptions for those who had three sons, Aristot., FoL, 2, 9 = p. 47, 18; Aelian, Var. Hist., 6, 6. ai iir' dpxcus were also temporarily exempt, Xen., Hell., 6, 4, 17. ^ Xen., de rep. Lac, 11, 2, irpCoTov fxh tolvov ol '^(popoi TrpoKrjp^TTOvcri. to. irri, els a Set arpareveadai /cat iTrireucrL /cat OTrXt'rats, ^Tretra 5^ /cat rots xetpor^xi'ats. Cf. Xen., Hell., 6, 4, 17. On the various ages in the moral see Xen., Hell., 2, 4, 32 ; 3, 4, 23 ; 4, 5, 14. 16 ; 4, 6, 10. See Stein, ojo. ciL, p. 18. Sparing employ- ment in war of those who left no offspring behind them, Hdt. 7, 205. ^ Xen. gives 576 as the number of men in a mora, 6, 4, 12 ; 600, 4, 5, 12 ; 1000, 4, 2, 16. The fx6pa was according to Ephor. (vid. Diod. 15, 32) 500 men strong; according to Callisthenes, 700 ; according to others, 900 ; Plut,, Pelop., 17. Lex. Seguer. 279, 13, gives 800. The number 25 for the ivcofioria in Suid. and Et. M. gives a strength of 400 for the /x6pa. Cf . also Phot. /jLo7pa. 4 See Stein, ibid., pp. 13, 14. That the iTrTrels, in spite of their name, were hoplites is shown by Strabo 481-2. Cf. Hesych. : liriraypeTas' dpxv eirl tQsv eiTLXeKTuu oirXiTuiu. In Thuc. 5, 72, they are called ol TpiaKoa-ioL iinrTJs KaXo}jfjt,evoc. We find them mentioned as early as Hdt. 7, 205 ; 8, 124. 5 For the method of selection, cf. Xen., de Rep. Lac, 4, 1-4. Membership of the 300 was iv rrj irbXet. irpwrevovaa TLixrj : Apopldh. Lac Fcedareti, 3, p. 284. Plut., Lye, 25. 72 Gilbert I. 78.] Divisions of the Army. [Gilbert II. 81, 82. guard of the king, and in time of peace were employed in services of particular importance. ^ The equipment of the Spartan hoplites consisted of a red cloak, a cuirass, a helmet, a brass shield with a A as cog- „ , Equipment, nisance, a long thrusting spear and a short sword.^ Before the Peloponnesian war the Helots were only employed as camp followers, or at most light armed troops ; in that war it became customary to use select Helots even of Helots in as hoplites. ^^* After rendering such services to the State, they as a rule obtained their freedom, and after that were promoted to regular service in the army as veoSa/xcuSas. Besides this the Helots also served as shield bearers, each hoplite having one in attendance.^ Midway between the hoplites and the light-armed troops stood the Skiritai, or inhabitants of the territory called Skiritis, who formed a special division of the Lacedaemonian army. . In time of war the Skiritai were employed on par- ticularly perilous undertakings ; they formed the vanguard ; they began and ended the battle, and held the post of honour on the left wins:.* 1 The tTTTreis as royal body guard, Thuc. 5, 72. Dion. Hal. 2, 13. Accord- ing to Hdt. 6, 56, the king's body guard consisted of only 100 aj/5pes AoydSes. The guard of honour which escorted Themistocles to the frontier numbered 300 : Hdt., 8, 124. The Ephors employed individuals from their ranks for police duties : Xen., Hell., 3, 3, 9. See Trieber in the Jahrh. f. cl. Phil., 1871, p. 443 if. 2 See Stein, ibid., 4-5. For the (poiuids, cf. Xen., de Hep. Lac, 11, 3. Plut., I7ist. Lac, 24. Aristoph., Ach., 320, and Schol. on Pax., 1173. duipa^ and Kpdvos: Tyrt.,/r. 12, 26; Plut., Apophth. Lac Demarati, 2, p. 269. Great Xa\K77 aairh with the A as token: Tyrt., fr., 11, 23-4; Xen., loc cit.; Theop., fr. 325, ap. Muller, /r. hist, gr., 1, 330. Long ddpara: Hdt. 7, 224, 211. Short sword : Plut., Apophth. Lac Agid. Min., 1, p. 264, and Antalk., 8, p. 266 ; Xen., Anah., 4, 7, 16. H. Droysen, Heerwesen u. Kriegfuhr. d. Griechen, 24, believes we must say that the Spartans did not use the cuirass ; but he is certainly wrong, as Tyrt., fr. 12, 26 shows. Tyrt., fr. 11 enumerates the weapons which could be seen in the phalanx ; the cuirass was covered by the shield. 2 Cf. Hdt. 9, 28. Thuc. 4, 80; 5, 84. Xen., Hell., 6, 5, 28. j^eoda/xdideis employed in war : Thuc. 7, 19; 8, 5. Xen., Hell, 1, 3, 15 ; 3, 1, 4; 3, 4, 20 ; 5, 2, 24; 3, 4, 2. Plut., Ages., 6. On irraaTnaral, cf. Xen,, Hell., 4, 5, 14; 4, 8, 39. ■^ See Stein, 14. The Skiritai were infantry : Xen., Hell, 5, 4, 53. Select division of 600 Skiritai: Thuc, 5, 68. Cf. Suid. : SKiwpetrai \6xos avSpQv %' 'ApKadLKos, dpxdp'^vbs re iv rots iroX^fiois /cat reXeuraTos dvaxf^pdov. Cf. Et. M., 73 Gilbert I. 79.] Spuria. [Gilbert II. 82, 83. The Lacedsemonian army had no regular light armed troops Light armed ^^ ^^^ ^wn. When they are mentioned as present in Troops, armies commanded by Spartan generals they are either allies or mercenaries.^ Neither can the institution of a cavalry force be said to date from before 424 B.C. In that year the Lacedaemonians, for the first time apparently, equipped 400 horsemen, whose number was increased to 600 in the year 394. This force was divided into six jxopai, each belonging to one of the six fjiopai of infantry. Each fxopa was subdivided into two ovXa/xoLj and was commanded by a tTTTrap/xoo-riy?. The Lacedsemonian cavalry was of poor quality, for the horses (which were main- tained at the expense of the richest of the citizens) were not selected for service until a levy was actually decided upon, and the men who were mounted upon them were those who were con- sidered unfit for service as hoplites.^ When an army took the field it was accompanied by a corps of handicraftsmen or engineers, taken from the Perioicoi, and a train of Helot attendants. These were under the orders of the apxoiv TWV (TKevocf^opiDV.^ The kings were generals of the Lacedaemonian army by right of birth, and it was only on minor expeditions that their place was Lex. Seguer. 305, 22. Skiritai in the vanguard : Xen., de Rep. Lac, 13, 6. : in the most dangerous expeditions : Xen,, Kyrop., 4, 2, 1 : on the left wing: Thuc. 5, 67. Cf. Diod., 15, 32. ^ See Stein, 15 ff. Yet in Tyrt., fr. 11, 35 sqq., we find mentioned yv/xv7}T€s, who hurl stones and javelins. " See Stein, p. 16. Equipment of 400 horsemen, 424 b.c. Trapa elcodds: Thuc. 4, 55, cf. 5, 67. 394 e.g., 600 horsemen. Xen., Bell, 4, 2, 16. Ace. to Xen., de Rep. Lac, 11, 4, there were at that date six /nopat of cavalry, of which each contained 100 horsemen. By this arrangement the /x6pa was divided into two ovXafioi, each being, according to Plut., Lye, 23, fifty men strong The commander of a fxopa was entitled 'iTnrapfioarrjs : Xen., Hell., 4, 4, 10; 4, 5, 12, and was under the orders of the Trok^napxos. See Xen., Hell., 4, 5, 11 and 12. According to this, we must suppose there were six linrap- fwcTal. On the value and equipment of this corps, cf. Xen., Hell., 6, 4, 10 and 11 : roh U AaKedac/uLOvioLS KareKelvov rbv XP^vov irovripbTaTOv Tjv rb iiririKbv. frpecpov fxkv yap Toi/s lttttovs o'l 7r\ov(nv LTTiriav ijaav. 3 On the x^i-poT^x^aL in the Spartan army, cf. Xen., de Rep. Lac, 11, 2. The &px(^v tG}v aK€vo(f>6puv took charge of the construction of the camp < Xen., Hell., 3, 4, 22. Cf. also Xen., de Rep. Lac, 13, 4. 74 Gilbert I. 80, 81.] Cavalry ; Officers. [Gilbert II. 83, 84. occasionally taken by ordinary Spartiatai, who were then styled dpfioa-Tai The subordinate officers under the com- The King and mander-in-chief were the TroAe/xapxot, assisted by (TVfji(f>o- ^^^ S*^^- pets rwv TroXcfxdp)^(DV. Other officers were the Xo-)(ayoi, TrevTrjKovTrjpes, ivtDfxoTOLpxai, LTnrapfjLocrTaL. The duties of these officers can be in- ferred from their names and from what has been said above.^ Among these the six iroXefjLapxoi belonged to the king's staff, the members of which were called ol irepl Sa/xoo-tW, and were admitted to the king's mess table, so that he could consult with them at any time. Besides these, the king often summoned other officers to a council of war.^ The king's staff also included 3 o/xotot, who had to take charge of the commissariat. The KpcajSatrT^s was prob- ably one of these. Besides, there were also seers, doctors, and flute players.^ Other functionaries employed on military expeditions without being themselves officers in the army were the ra/xtat, the Xat^vpo- TTcuA-at and the 'EXA.avoSt/cat.'^ Fixed formalities were observed when the army set out to war. ^ On the king as hereditary commander-in-chief, see page 46 if. 'Apfioarrjs as commander of Lacedaemonian army in war : Xen., HelL, 2, 4, 28; 3,1, 4; 4, 2, 5 ; 5, 2, 37 ; 5, 3, 20. When an ordinary Spartiates was in charge of an expedition, his probable successor seems to have always accompanied him, to provide for the possibility of his falling. Cf. Thuc. 4, 38. For the infantry officers, cf. Xen., de Rep. Lac, 11, 4; 13, 4. For the iTnrapfioaTal, Xen., Hell., 4, 4, 10; 4, 5, 12. The iroXe/jiapxos commanded the /xopa of hoplites and the fiopa of cavalry both together : Xen., HelL, 4, 5, 11. Cf. 4, 4, 7; 5, 4, 46 and 51. Also Fleischhandel 71 if. oi av/j-cpopeh tou TroXepApxov KoKoiixevoL : Xen., Hell., 4, 4, 14. 2 Cf. Xen., de Rep. Lac, 13, 1 : av6po? took fire to serve for all the other sacrifices, which were performed by the king at all kinds of junc- tures throughout the whole campaign.^ The camp constructed by the Lacedaemonians in the field (the apx^ov twv a-Kevocfiopoiv being responsible for its erection), was circular in shape so far as the nature of the ground permitted, and was, as a rule, surrounded with a palisade of stakes.^ The outposts were occupied by the cavalry, and consisted of positions a certain distance away from the camp, and affording a good outlook over the adjacent country. Besides these, there was also a camp guard, whose main duty was to keep watch over the Helots who were present. The Helots were not allowed to lodge within the camp. No one was permitted to move about in camp without his spear, or to go far away from it when foraging. Bodily exercises were practised in camp as well as at home, though the Spartiatai were not permitted to leave the quarters of their mora, lest they should get too far away from their weapons. In spite of all this, discipline was on the whole less strict in camp than at home.^ Before all military operations sacri- fices were offered by the king or the highest officer in command.* When the enemy were in sight, the king sacrificed once more, this time a goat and to Artemis Agrotera.^ Thereupon the army, with wreaths on their heads, marched with leisurely steps against the foe, accompanied with the music of the fifes, to which they sang 1 Cf. Xen., de Hep. Lac.^ 13, 2-5. Hesych. : 7rvp(ro o^eXiaKots xP^fJ^^viov vo/xlcrfiaffi, dyov(nv ei's to 8Tjfji.6at.ov. In Thiic. 1, 80, Archidamos says : koI oUre iv KOLP<$ (sc. xP''?AtctTa) ^xof^^'^ oifre iroifiws €K tCjv Ibiwv (pipo/iev. Cf. Aristot., Pol., 2, 9= p. 50, 10 sqq. Bekker. Ace. to Strabo 365, the Perioicoi, on their subjugation, undertook a-vpreXetv rrj STrdpr??. See Trieber, Qucest. Lac, p. 53 ff. 2 The Ephors took possession of booty : Plut., Lys., 16. Diod. 13, 106. 3 On the Council of Elders as court of justice for Skat (poviKal cf. Aristot., Fol., 3, l=p. 60, 16. Ace. to Arist., Pol, 2, 9=p. 48, 21, the Gerontes are Kipioi. Kplcreo3v fieydXov generally. That the Council of Elders was the court for State trials, follows from the case of Sphodrias, which was obviously pleaded before the Gerontes. Cf. Xen., Hell., 5, 4, 24 sqq. ; Plut., Ages., 24, 25. For the kings brought to trial before the Council of Elders, cf. Pans., 3, 5, 2. * Cf. Apophth. Lac. Alexandr., 6, p. 265: ipitJTQvTos 8^ nvos avrov, dia ri rots irepl (rod) davdrov diKas irXdocLv -rj/jApais ol y^povres KpLvovaiv, kSlv d7ro(f)tiyri Tis, ^TL ov5h ^jaaou icmv vttoSlkos, IloWaZs fi^v, ^6pii}v dWos dWas, — 2, 9= p. 48, 11 : ?ti 5^ Kai Kpiaewv eiai [leydXuiv KvpLOL, 6vTes oi TvxoPTes, Sioirep ovk avroyvdofiovas ^iXriov KplvcLP, dXXd Kara rd ypafifxara Kal rods pofiovs. Cf. Plut., Apophth. Lac, 271. Eurycrad. Didot. On single arbitrators chosen by agreement between the litigants, cf. Plut., Apophth. Lac. Archidam., 6, p. 267 Didot. 2 Cf., e.g., Athen. 4, 141 a. 3 Cf. Hdt. 6, 57. * An account of the historical development of the Lacedaemonian league down to the Peloponnesian war is given by Broicher, de sociis Lacedce- moniorum, Bonn, 1867, Diss. Inaug., and by Busolt, d. Laked. u. ihre Bundesgen., vol. 1, 1878, down to the year 479. * The traditional accounts of the early history of Messenia and of the Messenian wars are quite untrustworthy. See Niese in Hermes, 26, 1 fF. The real cause of the war is without doubt given correctly in the Messenian account in Paus. 4, 4, 3 : atTiov 5k ehac rrjs xwpas ttjs Meaarjulas ttjv dpeTrjv. ^ On the serfdom of the Messenians, who obviously became Helots, except those who left the country, cf . Paus. 4, 14, 4 sqq. ; 23, 1. G.A. 8l G Gilbert I. 88.] Sparta. [Gilbert II. 91, 92. Messeiiian war the Spartiatai began war with the Argives for the district Thyreatis,^ which lay on the frontier between the two States, and was not definitely secured by Sparta till the middle of the sixth century.^ Against their northern neighbours also, the Arcadians, the Spar- tans at first pursued the same aggressive policy.^ But it was not Sparta and ^^^1 after repeated wars, and several defeats in the Tegea. ^■^'At decade of the sixth century, that they succeeded in defeating the people of Tegea about 550 B.C.* Even this victory was by no means decisive enough to afford the Spartans any good prospect of subduing the district of Tegea. On the contrary, they thereupon concluded peace with Tegea, and apparently abandoned all ideas of aggression in that direction. By the terms of this peace, the Tegeatai agreed to expel the Messenian fugitives from their territory, and to prosecute none of their own citizens for any dealings with the Spartans during the war.^ The last proviso, which, according to Aristotle, was inserted by the Lacedaemonians in order to secure safety for the Lacedaemonian Foundation of partisans in Tegea, clearly indicates the method by ^^monlan*" which the Spartans secured for themselves supre- Hegemony. macy in the Peloponnesus. In the Greek States gene- rally, the oligarchical factions agreed in their political theories * In Euseb. 2, 83, Schoene, there is recorded under 01. 14: "bellum, quod in Thyrea inter Lacedsemonios et Argivos gestum est." Pans. 3, 7, 5 : Qeoirofiwov de in ^xoJ'Tos tt}v dpxw ^^ ^Trdprr} yiveTaiKai 6 irepl tt]S Qvpedridos Kokovixivrj^ X'^P^-^ AaKedaLfjioviois dys Aa/ceSat- fioviovs). On the transference of the naval hegemony of the Greeks to Athens, cf . Thuc. 1, 95, Aristot., 'A^. tt. 23, Diod. 11, 44, Plut., ArisL, 23, and Kim., 6. * For these wars we possess only the short account in Hdt. 9, 35. Paus. 3, 11, 7, 8, is based on Hdt. 85 Gilbert I. 92, 93.] Sparta. [Gilbert II. 95, 96. ponnesian alliance ; and the successful result of that war soon obtained for Sparta the supremacy over all Hellas.^ In towns outside the Peloponnesus the Lacedaemonians exercised this supremacy by appointing Harmosts or governors of the garrisons maintained there in the Spartan interest, and also by establishing native oligarchical governments mostly in the form of Decarchies, or councils of ten.^ The haughtiness and tyranny which the Lacedaemonians dis- played towards the various cities, soon produced in the latter a Liberation of ^®^^^® to get rid of the Spartan supremacy. Accord- the Greeks of ingly, when Conon with the Persian fleet defeated the gean. Lacedaemonians off Cnidos in 394, the Greeks of the iEgean everywhere expelled the Lacedaemonian garrisons and Harmosts, and set themselves free.^ However, in 387 the Persian King decreed terms of peace to the Hellenes, and entrusted the Lacedaemonians with the duty of The Lacedse. carrying out the provisions of his decree. This gave moniansas them many opportunities of interfering in the con- the Great cerns of the other Greek States. On the other hand, King's Peace, ^j^e proviso that all Hellenic States were to be auto- nomous, had no effect on the relations of Sparta to its allied ^ The Spartans, about 400 b.c, 7rds ^vfifidxovs iireKaXouvTO, S)v rives oi fxkv rbv fJLrjva (rbv Kapve?ou) TrpoixpaaiaavTO, oi 5k Kal is ixedoplav ttjs "E^Tn5avplas iXdcvres rjaiJXO'^ov. Cf. Thuc. 5, 54: and 79 al 5k TLVi tSlv iroXiojv y d/mcpiXoya, -f) rdv ivrbs rl rdv eKrbs UeXoTrovpdacx}, acre irepl '6pwv aire irepl &XXov tlvSs, 5iaKpid7]fiev. al 5k tis tCcv ^vjxixdx^v iroXis iroXei kpi^oi, ks TToXiv kXdeTv, dv riva taav dfKpoiv rats iroXleacrt 5o/cetot. Example of such an arbitration in Thuc. 5, 31. 2 In a war between Cleitor and Orchomenos, Agesilaos, being in need of the mercenary troops of the Cleitorians for his expedition against Thebes, ordered the Orchomenians, iios arpaTela et-q, iraiaaadai rod iroXkixov. el 5k tls ttoXls (TTparids oijarjs k^u} kirl ir6Xiv crrpaTeijaoi, kirl TaijTr)v kcprj trpwrov Uvai Kard rb 5byfia tuu cri;^/xdxwj', Xen., Hell, 5, 4, 36 and 37. According to this, feuds be- tween members of the league were forbidden by decree of the council of the league, but only during military expeditions of the league outside Peloponnesus. 88 Gilbert I. 95, 96.] Constitution of the League. [Gilbert II. 99. on any occasion it was necessary to ascertain the opinion of the allies, Sparta, as president, summoned a federal council, consisting of envoys from the various States.^ This oSi^ations of assembly, as a regular rule, gave its vote previous to the Leading any warlike enterprises or declarations of war by the the Members league, also before the conclusion of a peace or armis- oft'^ei'Sague. tice.2 Discussions on such questions took place apparently in the presence of the envoys of the allies before the Spartan Apella. When the Apella had come to a decision on the matter in question, the voting taking place probably after the envoys had left the assembly, the envoys in their turn voted on the question in their federal council, in which the representatives of Sparta voted in accordance with the decision of the Apella.^ In such voting all members of the league were on an equality ; all States, great or small, had one vote, and one only. The decision of the majority was binding upon all, provided that " the gods or the heroes offered no impediment." * The indefinite nature of this last formula made it possible for the several mem- bers of the league to avoid obeying a decision of the federal council. Yet the great influence which Sparta exerted over the league made such non-compliance very rare, while, on the other hand, the same formula secured the Lacedaemonians from being outvoted by the smaller States. The decisions of the allies were naturally carried out by the head of the league, Sparta. Accordingly, the chief command of the allies in a war upon which they resolved belonged to Sparta. Sparta made the arrangements for furnishing troops, siege materials and ships. When an expedition was decided upon, Sparta sent into the allied towns ^evayoi', who assumed the com- 1 Of. Thuc. 1, 87 and 119 ; 5, 17 and 36. 8 Instances are Thuc. 1, 87; Xen., Hell., 5, 2, 20; Thuc. 4, 118; 5, 17 and 18. * The evidence on this point is not complete enough for us to be able to describe the course of procedure with certainty. Cf. Xen., Hell., 5, 2, 11, 20 sqq. ; 6, 3, 3, 18. Thuc. 1, 67 sqq., where, however, the whole council of the league was not assembled. In this case the allies who were present retired before the Apella debated and voted. Cf. 79. Thuc. 1, 119 sqq. ^ Cf . Thuc. 1, 125 : ol hk KaKe^aiixbvLOL iireidT] d(p' airdvrcav ■^Koxxrav yvojfirjv, \pr](pov iirifiyayov rots ^vjuc/xaxois iiTraaiv oaoi Trapijaav e^iji Kal fiel^ovi koX eXaaaovi irdXei Kal rb TrXrjdos e\pri<()l6poy, b TToXe/uio^, ?ipeL KapirSv, 6pvTT0fM€vr] di TToXXttTrXao-ious rpitpu ^ el cItov iepe. For the barley, cf . Theophr., Trepl . Harp., 'AirdWoiv -n-arpi^os. At the Delphinion Theseus, who generally is represented as iirrjXvs Kal ^4vos (Plut., Thes., 13, 32), displayed the first proof of his strength on Athenian soil: Pans. 1, 19, 1. Theseus is connected with Poseidon also (cf. Plut., Thes., 25, 36), who was his father according to Troizenian legend: Plut., Thes., 6. Aigeus can scarcely be distinguished from Uoaeiduv Alyaios (Pherekyd., fr. 115, in Muller,/r. hist, gr., 1, 99). Compare Toepffer, ib., 254. Ace. to Artemidor., Oneirokrit., 2, 12, the billows were called atyes, and the epithet 'WKlkJ^vlos given to Poseidon on the Agra is also probably derived from the curling motion of the sea waves. See Wachsmuth, ih., 1, 396, 2. That Poseidon Helikonios is an Ionic god, is shown by the fact that he was worshipped by the lonians of Asia Minor also. Cf. Hdt. 1, 148. The theory that the Ionic worship of Apollo was introduced into the town from the E. coast of the land, agrees well with the tradition that the Kephalidai were admitted into Athens, and to the citizenship, and kept up their gentile sacra on the mountain ridge between the immediate territory of Athens and the borders of Eleusis. Cf. Pans. 1, 37, 6-7 ; Toepffer, ib., 260 ff. A settlement from Thera on the Athenian town territory, which Wachsmuth tries to prove, ib. 1 , 399 ff., I regard as improbable, as may be inferred from what is said above. 2 See Wachsmuth, ib., 1, 404.ff. 100 Gilbert I. 106, 107.] Historical. [Gilbert II. Ill, 112. this community was the one which compelled the others to com- bine with it, though the Acropolis hill was adopted as the political centre of the new State because of its position and strength.^ The Panathenaic festival was held in honour and remembrance of this synoikismos of the town 'A^T^vat, whose very name by its plural form points to the origin of the town in a group of indepen- dent settlements. The festival celebrating the synoikismos of the town was extended and developed into a national festival of the country, but not until the whole land was politically united with Athens.^ This political unification, and the classification of the entire community thus formed into Phylai are connected by tradition with the names of Theseus and Ion. Both of these „ Sjmoikismos men were immigrants and foreigners, and it was legen- of the dary genealogies that first made out any relationship by *^^"^ ^' descent between them and the native Erechtheidai. It is, there- fore, a very plausible conjecture that the newly arrived Ionic element of the population first brought about the amalgamation of all the communities who dwelt on the site which afterwards became the town of Athens ; and then by the help of this consoli- dated State forced the other communities of the land into political 1 See Wachsmuth, *&., 1,459 ff. 2 The institution of the Panathenaia is ascribed to Erichthonios by Hellanikos and Androtion ap. Harp.=nai'a^7ji'am. Phot. Suid., 2 Art. ; and "by Philochoros op. Harp., KaprjcpopoL, and by the Schol. on. Aristoph., Wasps, 544. On the Parian Marble, 17, 18 (Muller,/r. hist, gr.,1,^. 544), it is said of the year 1506 b.c. : d0' o5 'E/)tx^6j'tos Ilava.dr}valoL% rois irouiTOLs yevo/jL^vois dpfjLa ^^€v^€ Kal TOP aydva ideUvve Kal 'Adrjvaiovs (d}u)6(fjLaa€.) Apollod. 3, 15, 7, is to be explained by Diod. 4, 60. Pint., Thes. 24, based on the authority of Philochoros (see Philolog., 1873, p. 60 ff.), attributes the institution of the Panathenaia to Theseus, in the words : Kal HavadrjvaLa dvaiav iirolrjae koiv-tiv, i.e., he converted the Panathenaia into a festival common to all Attica. The same thing is meant by Pans., when he says, 8, 2, 1, that after the unifi- cation of the country by Theseus the festival was called Panathenaia, having been previously called Athenaia. But Istros ap. Harp., Uavadrivaia attributes the change of the name to Erichthonios. Suid., ILavaO'^vaia, 1 Art., and Apost., 14, 6, speak of two establishments of the Panathenaia, first by Erichthonios, then by Theseus. Thuc. 2, 15 is equally ignorant of any re-modelling of the Panathenaia at the synoikismos. Wachsmuth's hypothesis, ih., 1, 453 if., on the synoikismos of the town of Athens, and the significance of the Panathenaia, has no sufiicient justification in our authorities. On the significance- of the plural form in names of towns, see Gettling, Hhein. Mus., 1841, p. 162. Gilbert 1. 107.] Athens. [Gilbert IL 112, 113. union."^ According to Thucydides, this union meant the centralisa- tion of the whole government in the metropolis Athens, by the abolition of the various governments of the hitherto autonomous States. 2 The Eupatrid families which up to that time had governed the various independent communities, were now compelled to reside in Form of the Athens, where they obtained a share in the central Eynoikismos. government of the whole country.^ The festival of the '^vvoiKia or MerotKia, celebrated on the 16th of Hekatombaion, kept 1 Ion, founder of the oldest form of government in Attica : Aristot., 'A^. TToX., 41, 2: trp^Tt] ixkv yhp iyiyero [Ka]TdaTaaLS rQu i^ o.pxv^, "Iwvos Kal tQ>v fier aiiToO avvoiKTicravTiav. Cf. also Arist. ap. Harp., 'Air6X\(au iraTpi^os. Rose, Arist. pseudep., 406-7. Ion helped Erechtheus against the Eumolpidai : Philoch. ap. Harp., Boijdpdfiia. Cf. Suidas, sub verb. Et. M., Borjdpo/xLdop. Ion does not occur in the list of Attic kings. Hdt. 8, 44 calls him a-TpaTdpxv^ of the Athenians, Aristotle, ib., 3, 2, Polemarch. So Schol. on Aristoph., Birds, 1527. Ace. to Sfcrab. 383, the Athenians granted him the iroKiTeia in return for his help. Euripides represents him, in contrast to Xuthos, as an autochthonous Athenian, son of Apollo and Kreusa, since none but an autochthon could rule over Athens. Cf. Ion, 589 sq., 1058 sq., 1069 sq. Cf. also the words of Kreusa, 1463 sq. Ace. to Hdt. 1, 143, the Athenians even in his day still disdained to be called lonians. Ace. to Thuc. 2, 15, Theseus was the synoikist of Attica ; for his opponent the Erechtheid Menestheus, cf. Plut., Thes., 32, 35, and 24, 25. 2 Cf. Thuc. 2, 15 : iireLdr] 5e Qijaevs i^aaiXevae, yevd/Jievos ixera rod ^vueroO kuI Swarbs to, re &X\a 8 l€k da /jltj a e ttjv xw/jav Kal /caraXucas rwu aXXuu TroXewu to. re ^ovkevT-fipLa Kal rds dpxo-s is tt}v vvv ttSXiu odaav iv (iovXevrrjpiov dirodei^as Kal ■KpvTaveLov, ^vvi^Kiae Trdvras Kal vetiojxevovs rd avrujv eKacrovs airep Kal irpb toO -fjvdyKacre fii^ TrdXei ra^ry xpw^'^'-^ ^ dirdpTuv ■fjdri ^vvreKovvriav is avrrjv fieydXr) yevofiev-n Trapedddrj virb Q-qaim Tois ^ireLTa. Cf. Plut., Tlies., 24, 32. That the synoikismos of Theseus did not involve a concentration of the whole popu- lation of Attica in Athens itself, is recognised by Kuhn, iib. d. Entsteh. d. Stddte d. Alien, p. 160 if., though few good authorities state the fact. Cf. Diod. 4, 61. Paus. 1, 22, 3; 26, 6. Apost. 14, 6. Cic, de Leg., 2, 2, 5. Valer. Max. 5, 3, 3. On the Synoikismos of Theseus see the author's Komenverf., p. 239 ff. In 3, 2, again Thuc. uses ^vvoiKl^eiv in its constitutional meaning, not literally. 3 The settlement of the Attic Eupatridai in Athens is attested by Plut., Thes., 32 (Philoch.), where we are told of Theseus : ets iv darv s 'ApyaSeXs atEphesus : Dittenberger, Syll., 134, 10 ; 315, 5. AlyiKopeis is to be explained as analogous to ^ovk6\os, with the common change of A into P. See Curtius, Qrundz. d. griech. EL, 2. Aufl., p. 412. ^Apyadrjs is most probably a nomen agentis from ipyd^ofiai. See Curtius, p. 165, and 570. Philippi, Beitr., p. 273 also considers them yeomen. "OirXrjTes =6Tr\TTai. T€\^oi'T€s=t}ie brilliant men. See Bergk in the Jahrb. f. cl. Phil, vol. 65, 401. Hugo Weber, etymol. Unters., 40 ff. Zeuj TeX^wu in Inscr. : C. I. A., III. 2. Other explanations of the terms AiyiKopels and 'Apyadets are given by Maas in the Gott. gel. Anz. 1889, pp. 806-808, but I cannot agree with him. Schumann, de comit. Athen., 357 ff., considers that the TeXiopre^ were the priestly class ; Haase, d. ath. Stammverf. p. 77, says they were the royal families. See also Preller in the arch. Zt., 18b4: p. 287. On Plato's views see Susemihl, genet. Entwickel, d. plat. Phil. , 2, 480. Even the ancient writers consider the names of the four Phylai to be connected with y^vrj rod §lov. Cf. Plut., Sol., 23 ; Strab. 383 ; Plat., Tim. 24. 1 Philippics conclusion, Beitr., p. 290 ff., that the Phylai could not have been introduced into Attica from abroad, is based on premises which cannot be proved. The ancients were as ignorant of the original signifi- cance of the names as we are, as is proved by their connecting them with the sons of Ion, and by the attempts at explanation in Strabo, 383, and Plut., Sol., 23. Koutorga, la tribu, p. 65 ff., supposes that Attica was once conquered by lonians, who brought in along with them their own tribal divisions. 104 Gilbert I. 110-115.] Historical, [GiLBEUT II. 115, 116. us, for the most part at any rate, nothing but the combinations and conjectures which seemed to them satisfactory. The state- ments of the orators concerning the earliest periods are of little weight, because they lived at a time when the constitution had already undergone many profound changes. With this warning as to the hypothetical nature of the following description, I now give a short survey of the old Attic clan divisions. Aristotle seems to have discussed the old Attic Phylai and Phratries, while treating of the institution of the System of the four so-called Ionic Phylai, with which he too con- piiyiai and nected the name of Ion : nor did he return to this Puratries. theme until he came to describe the constitutional changes intro- duced by Cleisthenes.^ In the first place, it is now generally believed that even the pre- Cleisthenian Phylai were local in character ^ — were, in fact, topo- graphical subdivisions of the country.^ But the Phylai also served ^ In his review of the various changes of constitution in cap. 41 Aristotle says: irpuiTT] fiev ytp iyhero [/caJrctcrTaa-ts twv e| apxv^, 'I(avos koI tQv fier' avTOV (TvvoiKfjcrdvTUJv ' t6t€ yap irpCJTOV eh ras r^rrapas avveve[JLr]97](xav (pvXas /catToi)s (pv\o^aai\4as KaT^(rT7](xav. The statements we find attributed to Aristotle on the subject of the old Attic Phylai and Phratries, belong without doubt to the section of the A^. IT. in which Aristot. treated of the institutions of Ion. 2 Aristot., A^. TT., 21, 3, gives as the reason which led Cleisthenes to make ten tribes : 8ia tovto d^ ovk els ScoSe/ca s ?/)/cetos, cf. Harp., ^p/cetos Zei)?, ^ ^oifibs evrbs ^pKOVS ev rrj avXrj Upvrai. rbv ydip irepl^okov ^pKos ^Xeyov. Paul. Festi, p. 101 M : Herceus Jupiter intra conseptum domus cuiusque colebatur, queni etiam deum penetralem appel- labant. 'A7r6XXw»' irarpcpos is the special family god of Ion. 'AirdXkojv is called among the lonians Trarpt^os dca ttjp ToO''I(»}vosyiv€(nv : 'Pla.t., Euthyd., 302. Cf . Harp., sub verb, tov 5k ^ AirbWoiva. koivC)% iraTpi^ov TLfxQxnv ^Kd-qvaLOL airb "Iwvos' TovTov yap OLK^qaavTO^' A.tti.k7}v , ws ' ApLaToriXrjS (prjcri, rods' Adrjvaiovs "Iwpas KXrjdrjvaL Kal 'AttoXXw irarpi^ov avroh 6vop.acrdrjvaL. The deol Trarpcpoi. of the various yevrj were originally the deities from whom each y^pos traced its descent: e.g., Hermes was 6 iraTpifos to Andocides (cf. Lys., 6, 11) ; the clan of KrjpvKes pro- fessed to be descended from Hermes and Aglauros (Pans. 1, 38, 3). See Toepfifer, att. Geneal, 80 ff. Whether Zeds cppdrpios (Plat., Euthyd., 302 ; Dem. 43, 14 ; Kratinos ap. Athen., 11, 460 F), and 'Admva cpparpia (Plat., ibid.) were the patron deities of the Phratries even in the earliest times, I consider questionable. Probably they derived their origin from the reforms of Cleisthenes, which will be discussed below. 2 The definition of Yej^i'^rat given in the lexicographical tradition regards the 7^1/77 as artificial divisions. Cf. Harp., yevprjTai — ovx oi avyyevels fxevroL ttTrXws Kal oi ^^ at/^aros yevvrjTai re Kal e/c rod avrov y^vovs eKaXovvro, dXX' oi i^ apxn^ ei's ra KaXoo/xeva yevt] Karavefirjd&res. Suid., yevvrjrai ovx oi €K yevovs Kal dvXeTevae (KXeiadiv-qs) ^ivovs Kal dovXovs /xctoIkovs so as to make vdvras mean only strangers and metoikoi. lo8 Gilbert I. 110-116.] Historical, [Gilbert II. 120. It appears that only those who were born of Athenian citizens both on the father's side and on the Restriction of mother's were admitted into the classes discussed Burgess , 1 Rights, above. 1 The oldest form of political government in the Athenian State was, as in Greece generally, monarchical. At the head of the State stood a king who, after the unification of Attica, oldest form of ruled over the whole country. He was assisted by a Constitution, permanent council of ^vXc^Sao-iXct?, or Eupatrids, selected as repre- sentatives of the various phylai.^ 1 Arist., Pol,^ 3, 2=:p. 60, 27 sqq. Bekker, says in general terms: bpi^ovTo.1 St] TTpbs T7}v xp^if^i-v toKIttju rbv e^ df^^OT^pcov ttoXitwv kuI fii] daripov fiSvov, olov irarpos t) piiqTpbs. This agrees fairly well with the information we possess about the Athenian franchise. According to a provision of the Draconian constitution candidates for the office of Strategos or Hipparchos were re- quired to have TraiSas e< yafierijs yvvaLKbs yvrja-iovs virkp 5e/ca '^ttj yeyovbras (Arist. 4, 2). Deinarchos contr. Dem., 71, states this qualification as valid in his day in the words TraLboiroLeiadaL Kara toi)s vb/xovs. That ya/xeTrj yvv-q meant an Athenian wife as opposed to a ^^vt)^ follows from Arist. 17, 3, where the yaixerrj ywr) of Peisistratos is contrasted with the "Apyeia. "^Hcrav 8^ Kijpioi fxkv tCjv TTpayixaTiov bta tcl a^tdifiara koI Zlcl rds i]\iKias"lTr7rapxos Kai 'iTTTrks (Arist. 18, 1), the sons of the yafxeT-q ywrj, where bia tcl d^cwfiara means "on account of their pure citizen blood." Hdt. 5, 94, calls Thessalos, the son of the 'Apyeia yvv-fj, a vbdos. In the factions which followed Solon's -legislation Peisistratos was supported, besides his other adherents, by ot TCfj yivei fxri Kadapol bid rbv (pbjBoV ayjfJLeiov 5' 6'rt [xerd rrjv [rwv] rvpdvvwv Karakvcnv €7roL7](Tav 5La\l/7](pLafxbv, ws iroWiSv kolvuvovvtwv r^s irbXiTeias oi irpoaTjKOP (Arist. 13, 5). The ripyhei /x. Kad. are without doubt those whose citizen descent was not quite unquestionable. In the Solonian legislation a distinction was made between the yuifjaLos and the vbdos iraXs, the vb9os=&u ^evrjs ywaiKbs (cf. Aristoph., Birds, 1650-1666). The vbOos could not claim dyxi-cyTela : Aristoph., Birds, 1661 sq., cf. Dem., 43, 51. The father has freedom of testamentary disposition, idv /xtj iralbes Socri yvqaioi : Dem, 20, 102, cf. Is. 3, 68. These vbdoi are doubtless meant in the glosses of Hesych. : e^ rpia/cdSos" ot fxri fxeTd\a/xj3dvovTes TraTSes r} d7Xi(rTe?s KXrjpov reXevTrja-avrbs rivos 'AdrjVTjaiv iKoXovvTo. drpiaKoCToi' 61 fxr} fxerexovres rpiaKabos' AOrjuatoL. Poll. 8, 111 identifies rpiaKas with yevos, but the literal meaning of the word is certainly no less appro- priate to the Phratry or complex of thirty 7^1^17. ^ For the mythic kings of Attica, see Biichsenschutz, d. Kdnige v. Athen., Berl. Progr., 1855. For the manner in which the oldest list of Attic kings was gradually enlarged and lengthened see Brandis, de temp. GrcBc. antiquiss. rationih., 7 ff. The list, as it was finally drawn up, and the chronology fixed, is in Euseb., Chron. ed. Schoene, 1183 ff. The powers of the (f)v\oj3atapxo9, we are tempted to conjecture that the tradition which Aristotle followed represented the creation of this new military office as connected with the immigration of the conquer- ing lonians, whose eponym Ion has found no place in the list of Attic kings. Just as the chieftain of the Ionic immigrants now appears by the side of the King of the Attic autochthons, so we now find side by side with the ^acriAeus a xoXc/xap;)(09 ; and it is not in- conceivable that this new military magistracy was first introduced when the Ionic families coalesced with the autochthons to form the new political community, and that it was originally a here- tions. Poll. 8, 111 says : 61 8k ^uXojSao-tXeis e| einraTpLdwv riaa-apes (so Wecklein, Monatsher. d. hayr. Ak.^ 1873, p. 38 for MS. 5k) 6pt€s fidXiara tQv iepQv eirefieXovvTo cvvedpevovres ev rcj; /3acrt\et'y ry irapa rb ^ovKoXehv, which, acc. to Arist., 3, 5, was the official residence of the /3acriXei;s, In the 4th cent, the 0i;Xo/3a(rtXets still exercised jurisdiction, conjointly with the ^acrtXei^j, cttI UpvTaveLc}}. Cf. Arist. 57, 4 : 5i/cdfet 5' 6 ^acrtXeds Kal ol (pvXo^aaikeis Kal rds tQv d\p6x(>}v Kal tCov dXXo}v ^u}0}u.—Cf. Poll. 8, 120. ^ Arist. 41, 2 : devr^pa 5k, Kal irpdmj ixera ravra ^xov(Ta TroXtretas rd^Lv, ij iirl Qrjaiios yevo/x^vrj, puKpbu irapeyKXivovaa ttjs ^aaiXiKTJs. By this is meant the form of constitution described by Aristotle in Ch. 3, as is shown by the words which follow : /xerd 5k raOra i} iirl ApaKovros k.t.X. Cf. Plut., Thes., 25. Theseus as founder of the democracy : Pans. 1, 3, 3. * Aristot. consulted several sources of information. Cf. 3, 3 : [ol] jxkv yap TrXeiovs iirl M^Sovros, ^uioi 5' iirl 'AKdarov ^aal yeviadai [jSacrtX^] a>j. However, even his authorities do not seem to have possessed any direct traditional version. The condition of affairs in the earliest periods was inferred from later o-Tj/ieta. Plato also, in Menex., 238, assumes the continuity of the later ^aaCKela with the earlier kings : ^aatXeis fxkv yap del ijpuv elaiv. o^tol 5k rork fikv iK yhovs, rork 5k alperoi. JIO Gilbert 1. 116, 117.] Historical. [Gilbert II. 122. ditary office in the possession of the leading Ionic families.^ The institution of the ap^wv took place according to the most usual tradition under King Medon, but nothing is said about the original functions of the office.^ The ySao-tXcia, diminished in importance by these changes, seems to have still remained in the hands of Medon's family for a number of generations ; while the office of TToXefxapxos, which was probably at first hereditary in the family of Ion, was afterwards thrown open to all Eupatrids, as was the office of apxp dodeiawv t(^ dpxoPTL 5o3peQ)P. TOVTo fikp o?)p OTTOT^poJS TTOT^ ^X^'> ficKpbv E[p StaXXdrJrot rots XPtij'otj. 8tc [8k] reXevraia to6t(x)p iyepero tiSp dpxo^p, [o'T^jyw.etoj' Kal [rb] iJ.r][8]kp r2p [7r]arpi(>}v rdp &pxopra SioiKeip, (bairep 6 j8acrtXei>s Kai 6 TroXep-apxcs, dXXfd /ulSpop r]d [eTri]dera. 8ib Kai pewari yeyopey ij dpxv f^^ydXr}^ rots einderoL$ a{}^ri[de1aa]. There is no inconsistency between this passage and Arist., Pol., 8 (6)., 10= p. 217, 26 £F., where Kodros is said to have secured for himself the royal dignity by saving Athens in time of war from being reduced to subjection. It is obvious that this account has no connection with the story of the death of Kodros given in Lyk., Leohr., 84 fF. Paus. 4, 5, 10, Veil. Pat. 1, 2, and Justin, 2, 7, also tell us of a diminution of the regal power after the death of Kodros, i.e. under Medon, though by a process different from that given by Aristotle. ^ The Eupatrid family of the Medontidai can be proved to have been still in existence at Athens in later times. See Toepffer, att. Geneal., 228 £f., where the relation of Kodros to this family is also discussed. An inscr. of the 5th cent, found just in front of the steps up to the Acropolis reads : 8po{s xw)/>as Me5(ov)r(t)5wj'. See C. I. A., I. 497. The Medontidai may have become jSacnXets, occupying at Athens a position similar to that of the Androklid /SacriXeij at Ephesos. Cf. Strab. 633. There occur, however, in the list of Medontid kings, as given by the chronographers, names which in later times belonged to other Eupatrid gentes, e.g. Megakles and Alk- maion, suggesting the Alkmaionidai, Ariphron the Buzygai, Agamestor the Philaidai. See Toepffer, ib., 241-2. Ace. to the usual chronology, the Me- dontidai retained possession of the ^aaiXeia till 712, but the last four only for ten years each. Euseb., Chron.. 1, 189-190 compared with Paus. 4, 13, 7. Phot. Trap' Linrop Kal Kdprjp — Snid. ad verb. Suid. 'iTnrofJLevrjs. That they kept the title of king, see Lugebil in the 5 Suppl. vol. of the Jahrb. f. cl. Phil., 539 fF. Arist. 3, 1, says of this oldest constitutional period : rds p^p dpxas III Gilbert I. 117, 118.] Athens. [Gilbert II. 123. archon was now diminislied by limiting his tenure of oflSce, which was originally held for life, to ten years. ^ The same tendency continued, and the decennial archon was reduced to a merely annual magistrate. Whether this was simul- . taneously accompanied by the institution of the new Annual functionaries, the six ^cor/xo^eVat, or whether these agis ra es. ^^.^^ ^^^ ^ later date, cannot be determined. The original official duties of the Thesmothetai were, we are told, to write down the law, i.e. the customary law which had grown up in the course of time, and to secure the administration of justice.^ The six Thesmothetai were, from the very first, a collegium or board of magistrates ; on the other hand the ^acrtXcvg, the TroXe/xap^o?? and the apx^v remained separate magistrates till the reforms of Solon, and had each his separate official residence and his distinct sphere of activity. The ^ao-tXcv? occupied the building afterwards called the /SovkoXlov, the TroXi/xapxo^ the TroXe/xap^^etor, afterwards called 'ETTiXvKctov, the ap^wv the TrpvTaveiov, and the Oca-fxoOeTaL had their Oea-ixoOereLov.^ The functions of the three chief magistrates [Ka9i]aTa(Tav dpiaTivdrji' /cat ir\ovTiv8r)v, i.e. from among the nobles, the Eupa- trids, for e^7e;/eia is dp%atos ttXovtos Kal apeT-q (Arist., Pol.^ 6 (4), 8=p. 159, 28 Bekker), and evyevds are ofs vwapx^t. Trpoyduuju apery] Kal ttXovtos (ih., 8 (5), l=p. 194, 14). In Plut,, Thes., 25, it is said of Theseus: evTraTpiSais d^ yiudoaKetv TO. 6e?a Kai irapkx^'-v dpxovras dirodovs /cat vofitou StSacr/cdXow elj^ai /cat oaiiov Kal iepwy €^T]y7]Tds. Cf. Et. M., 395, ei)7raT/)£5ot=Lex. Seguer. 257, 7. Dionys., Ant. i?., 2. 8. ^ Arist. 3, 1: ^pxoy dk t6 fih Trpd^rou [did /Stou], fierd 5^ ravra [Se/cajeretai'. The context shows that he refers to the three magistrates, the ^aaiXe^s, the voXejxapxos, and the dpxf^v. Pans. 4, 5, 10 says the power of the Medontidai was weakened by the irpodeapia enav 5^/ca. The date of this limitation is given as 752 : Dionys., Ant. i?., 1, 71. Euseb., Chron., 1, 189-90. ^ Arist. 3, 4 : \de(r]iJ.odiTai d^ iroXXols varepou ^reaiv ypedrjaav, i^dr) kqt'' iviavrbv alp[ovfj,€vu3v] rets dpxds, Situs dvaypdrf/avres rd deap-ia ^vXdrTojai Tpos rrjy tCov [Trapa- vofio()]vT()3v Kplaiv. 5t6 Kal fxdvrj tCjv dpxu)" ovk eykvero irXeiov [i)] eviavcnos. [oOrot] fjukv odv [xp^^v] roaovTov irpoexovacv dXXrjXwv. With the official functions of the decTfjLodeTai should be compared the edictum perpetuum of the Boman prsetor. See Mommsen, rOm. Staatsr.^ 1, 151 ; 2, 201. This definition of the duties of the dea-fioOirai is, however, nothing more than an inference drawn by Aristotle or his authorities from the etymology of the name. 682 [(Duncker., Hist, of Greece, ii. 135 E. T.) or 683 (Sandys)] is the conventional date for the first institution of the nine annual archons. Synkell. 399, 21, says : fjierd tovtovs ApxovTes evLavcialoL evpedrja-av i^ eviTarpiduy ivvia re dpx^^ruv ''Ad-^vrja-iv dpxv KaTearddr}. Cf. Euseb., Chron., 2, 84-5. ^ Arist. 3, 5 : ^aav 5' ovx ^l^a iTdvres ol ivvia dpxovTes, dXX' 6 fi^p jSacrtXevs eixe rb vvv KaXovfxevov ^ovk6Xlov TXrjaioP rod irpvTaveiov {anj/xeTov Si' Itl Kal vOv yap rijs Tov jSacriX^ws yvpaiKbs i] (rd/x/xei^is iuravda yiyverai. ry AiovijTraTpi5aL. In Philoch.,/r. 58 (Muller,/r. h. gr., 1, 394) it is said of this period : ov iravro^ dvdpbs 9jv eh ttjv i^'Apeiov -rrdyov ^ovXr]V reXeiv. dXX' oi Trap 'AdrjvaLOLS irpwreiovTes ^v re yivei Kal ttXotliti^ {i.e. rich Eupatrids) koI ^icp XP?7v iTTTTcW, whlch, accopdiug to Aristotle's evidence, was the oldest form of constitution in the Greek communi- TroXirtCa ties after the overthrow of the monarchies. This view "^"^ tir-ireW. is made more probable still by the fact that a similar constitution existed contemporaneously among the closely related Ionic families in Chalkis and Eretria, and also by the fact that ittttci? already ex- isted in Attica before the time of Solon. I therefore identify the, tTTTret?, who went to battle in chariots or on horseback, with the Eupatrids. Among the Eupatrids the Trei/TaKoorto/xcSt/xi/ot, or great Eupatrid landowners — for they too can be proved to have existed before Solon — held all the highest offices, and after the expiration of their period of office still kept control of the government as members of the Areopagus.^ ^ Arist. 3, 6 : i] d^ tQu ^ApeoirayLrQiv ^ovXt] Trjv /xev tcl^lv elxe rod bianqpetv Tot>% vbfiovs, SL(i}K€c de ra irXelaTa kol to. fxeyLara tCou iu rr} TroXec, Kal Kokdi^ovaa /cat ^fiiovaa Trdvras rods dKoafiovvras Kvpiois. i] yap atpeais tQu dpxovrwv dpiffrivdrju /cat irXovTcvdTjv ffu, i^ &u oi 'ApeoTraytrat KadiaravTO ' 8i.b /cat ^16^77 tQu dpx^v avrrj fiepiivTqKe 8id l3iov Kal vvu. The view expressed by Schomann, Antiqu., 172 a, 5, op. ac, 1, 190 ff. ; Jahrh.f. cl. Phil, 1875, 153 ff., that the Areopagitic Boule is of prehistoric antiquity has been confirmed by Aristotle. The other conjec- tures on the subject of the Eupatrid State Council may be now regarded as exploded. I cannot agree with Peter Meyer's view in his Aristot. Politik. u. d. 'Adrjvalojp TroXtrek, 1891, p. 32, that in the passage quoted above the words dL(pK€i de k.t.X. indicate an unconstitutional abuse of its influence on the part of the Areopagus ; because in that case the preceding words also cannot mean that the Areopagus possessed any constitutional or legal right of supervising the laws. The clause 17 yap k.t.X. gives the reason why the Areopagus was entitled to this commanding position in the Eupatrid State, i.e. because it was composed dpicTTlvd-qv Kal irXovTlubyjv ; it was for the same reason too that the Areopagitai held their seats for life. 2 Arist., Pol., 6 (4), 13= p. 168, 21 ff": /cat 7/ irpiirr} 5e iroXireia iu ToTs"EXXr)(riv iyivero fxera ras ^aaiXeias e/c tQv TroXeixoivTOOv, 17 fxkv i^ dpxvs ^k tCjv iTrwitav (tt]v yap iax^iv Kal t7}v virepoxy]V ev rots iTnrevaLv elx^v ' dvev fiev yap avvrd^ews dxpVCToy rb ottXltikSv, at 8k irepl tCov roLoiridv eiiiretpiai Kal rdfets iv rois dpxaiots ovx VTrjpxop, ibar^ iv Tois Imrevo'ii' eXvai rrjv iVxvj'). Concerning the 'liriro^oTCbv iroXireia in Chalkis, Arist. ap. Strab., 447, says : irpoiaTrjaav yap aiTrjs d-n-b TipL-qudrtav dvdpes dpi(TTOKpaTLK(£s &pxovT€^, i.B. the rulers of the State were those of the Hippo- botai who, like the irevTaKoaLoix^dLixvoL at Athens, possessed property amount- ing to a certain fixed assessment. So in Eretria there was an oXtyapxla rwv iinrioiv : Arist., 6 (4), 3=p. 148, 16 ff., 8 (5), 6=p. 206, 20. Peisistratos on his last return to Athens found supporters from among ruv linrecau tuv €x6vtu}v iv 'Eperpig, Trjv iroXiTelav : Arist., 15, 2. A stele in the sanctuary of the IIS Gilbert I. 125, 126.] Athens. [Gilbert II. 127, 128. The rest of the people were almost exclusively country farmers ^j^g and agricultural labourers ; for the artisan class, if non-Eupatrid any such existed at that early date, formed but an insignificant fraction of the population.^ The agricultural population was, it appears, of two classes, peasant proprietors and labourers. The first class, whose numbers formed certainly only a minority of the agricultural population, comprised the so-called Zeugitai, who each possessed at least enough land to require a yoke of two oxen for its cultivation.^ Amarynthian Artemis specified rpiaxCKioi^ [xev oTrXi'rais e^aKoa-iois 5' iTirevcriv e^-qKovra ap/xaai iroLetv rrjv irotiir-fiv : Strab. 448. That there were iTrn-eis and TreuTaKoaiofi^SL/jLvot before Solon is proved by the Draconian ordinance in Arist. 4, 3. It is not very likely that Draco was the author of the classi- fication. [Arist., 3, 1 implies the existence of some such classification, Sandys.] The authorities who ace. to Arist., 7, 4, used to define the tTrvrew as Tois iinroTpocpelv dvvanevovs very probably had these pre-Solonian iTTTrets in view. That only the wealthiest landowners were . eligible for the highest offices is attested by Arist. d, 6: i] yap atpeais tuv apxovrwv dpiaTivdriv Kal Tr\ovTiv8r]v fjv. 1 Plut., Thes.^ 25, attributes to Theseus the institution of the three ^Bvt) of WiiraTplbai, Tewfiopoi. and AT]fj.iovpyoi. Cf. Poll. 8, 111. Hesych., aypoLwrai. In the Et. M., 395, Ei)7raT/:.i5at=Lex. Seguer. 257, 7 sqq., the ArjfxiovpyoL are called 'Eiriyedbfiopoi. Plato, Critias^ 110, says : c^/cct Se d-q t6t iv ryde ry x^P9- '^°'' M^'" &\\a ^dvTj Twv ttoKltwv irepl rets dr]fj.Lovpyias 6vTa Kal tt]v e/c rrjs yrjs Tpo^rjv, t6 Si fidx'-fJ'Ov {i.e. the Eupatrids) vir' dvSpwv deiuv Kar dpxds dcpopiadh cpKei xwpis. Dionys., Ant. H.^ 2, 8, tells us what was certainly true for this early period : eKclpoL (i.e. oi 'AdT]va2oi) fiiu yap els dijo fi^prj vei/jLavres to ttXtJOos eviraTplbas fiev €Kd\ovv Toi/s iK tQv iiTLtpaPcov oXkwv KOI xpTy/xact bvvdrov^, oh i] ttjs irdXeojs dveKeiro Trpoaraaia, dypoiKovs 5^ roiis dWovs TroXtraj, ot tc5v kolvQv ovdevbs i)(xav KijpiOL' ahv XP^i'V 5e Kal odroi TrpoyLiuoi Kal airol koI oi iraides eyiyvovro. On the consequences of this state of affairs, cf . Solon ajJ. Arist. 12, 4, v. 8 ff. 2 After his sketch of the position of the eKT-qixopoi Arist. 2, 2 adds the general observation : koI o[i] 5a[j'et(r]yu[oi TrldaLv eirl roh aibfxacriv ^(xav fi^xp^ SjXojz'os' odros dk irpQsTos eyev\eTO rod 5T7/io]i» TrpoaTdTrjs, where the last words seem to mean that Solon released the people from this miserable lot. Cf. also Arist. 4, 5, evi S^ to?s au3[iJi.a]at.u rjcav oi ba^yeialnlpl, Kaddwep etprjTa'., Kal ij x^pci 5i' dXiycov -^u. ^ Arist. 2, 2, xaXeTraJraroj' p^v odu Kal iriKporaTov rjv rots ttoXKqIs twv Kara rrjv TToXiTeiav t[6 dovXjetjeLV ov p.T]v dWd Kal tois &X\ots idvax^pdi-vov ovdeub^ ydp, us eiireiv, irdyxavov pLeT^x^^T^^' On Cylon's attempt cf. Hdt. v. 7; Thuc. i. 126 ; Plut., Sol.^ 12. From Arist. 1 we see that this attempt belongs to the time before Draco, as Busolt, griech. Gesch., i. 504 ff., had already supposed. For determining Cylon's date we have the fact that he made his attempt in an Olympic year, after himself winning at Olympia in 640 (see African.). Vid. Thuc, ibid. Ii8 Gilbert 1. 127, 128.] Draco. [Gilbert II. 131, The dissatisfaction prevalent among the agricultural population was met by Draco by his reforms of the constitution in so far as he admitted to a share in political rights the indepen- Draco. dent yeomen possessing a yoke of oxen, the class of the so-called Zeugitai. Draco was perhaps induced to make this extension of the franchise by the circumstance that, after the introduction of the hoplite system, those who served as hoplites— as the Zeugitai undoubtedly did — could not well be excluded from the citizenship.^ * Arist. 4, 1 : fierh 5k ravra xP^t^o^ "T'"^? oi iroWoD dieXddvros iw ^Apia-raixi^ov &PXOVTOS ApdKuv Toi/s Qea-fioifs idrjKev. I do not consider as successful Peter Meyer's attempt, Arist., Polit. u. d. 'Adrjvalcju TroXireia, p. 31 ff., to prove the institutions described in Arist. 4 to be identical -with what we find in Arist. 3, so that Draco would have only drawn up his code of laws to suit an already existent constitution, and thus there would be no contradiction with Arist., FoL, ii. 12 = p. 58, 6. ApdKovros 5k udfioc ixkv eia-i, iroXiTeiq. S' vwapxoi(Trj rods vSfiovs ^drjKey. The first words in Arist. 4 show clearly in my judgment that Arist. made a new organization of the State begin with Draco. This is shown also by c. 41, 2. For it is impossible to question that 7} iirl Qrjaiias yevoixivn] (sc. niera^dXr]), jUKpbv irapeyKKlvovaa tt)s ^acnXLKTJs is that described in c. 3, when we read the representation given there of the gradual weakening of the crown. I can therefore only see in Arist. 4 a further reason for doubting the genuineness of Arist., Pol., ii. 12. The attempt to support it in Meyer, ibid., 16 &., seems to me to fail. See also Niemeyer in the Jahrb. f. cl. Phil., 1891, p. 408. According to Paus. ix. 36, 8, Draco made his laws iirl ttjs dpxv^, which in all probability means when he was archon. On the chronology of Draco's legislation we can say nothing for certain, since the Archon Aristaichmos is un- known to us. Cf. in general Fischer, griech. Zeittafeln, 103 ff. What we know of this legislation apart from the new information in Aristotle is collected by K. Fr. Hermann, de Dracone hgumlat. att. Ind. schol., Gt3tt., 1849/50. Cf. for Draco's extension of the franchise, Arist., Pol., 6 (4), 13=p. 168, 21 ff. : Koi 7} irpibrq 5k TroXiTeia iu Tots"EXX'r)(nv kyivero fiercL rds ^acTtXeias Ik tuv iroXefJLOTjvTtav, i) fikv i^ dpxv^ t^v 'nnr^uv {rrju yap Icrx^v Kal rV UTrepoxV ^v TOLs iinreucnv oirdXefjios elx^V &v€v yap ffwrd^eus &xpV(^'^(^^ rb owXiTiKdv, ai 5k irepl tQv tolotjtwv kfMireipiaL Kal rd^eis iv rocs dpxalon oiix virrjpxov, utar ev toTs lirirevaiv ehai. ttjv iax^v), av^avop-ivwu 5k tCjv irbXeujv koI t(Sv kv tois 6TrXois icrxvcduTtau fxdXXou irXeiovs fxerelxov Trj% iroXLTelas. Cf. also Arist. 7 (6), 7=p. 188, 10 ff. That the Zeugitai in reality did belong to the iroXtreia after Draco is plain from Arist. 4, 3. We should compare Arist., Pol., 6 (4), 4= p. 152, 6 Bekker: Kal yap birXLTeiieLv Kal yewpyeiv (rv/x^aivei rois airois iroXXdKis. We see from the passage just quoted from Aristotle's Politics that the iroXirela toSv birXa TrapexofJt^kvwv was a regular stage in the early historical development of the Greek States. The iroXirela tojv bwXa irapexopiivwv, established, according to Arist. 4, 2, by Draco, very well harmonises with the character of the age, and it appears to me more likely that the irevTaKLcrxi-Xtoi ol iK tQv SttXcov, who were provided for in the constitution of the 400 (Arist. 29, 5 ; 32, 3), but first came into actual existence after their 119 Gilbert 1. 127-128.] Athens. [Gilbert II. 132. In any case, in consequence of his reforms, all those who were iroXiTcCa ^-ble to arm themselves at their own cost as hoplites Twv oirXiTwv obtained a share in political rights.^ Meanwhile, these political rights were divided into various grades. The ySacrtA-cus, the TroXe/xap^^os, the ap;^wi/, the ^eo/AO^crat, and the Ta/>ttat, were still to be chosen from the class of the Trci/Ta/coo-iojLteSt/xvot, i.e. the Eupatrid landowners; the other elective magistracies were filled from the number of those who could arm themselves, i.e. besides the TrevTa/coo-to/xeSt/xvot from the classes of the Eupatrid IttttCi^ and the yeomen Zeugitai. Still, to hold the office of a Strategos and Hipparchos, the possession was necessary of an estate worth at least 100 minse, and free from mortgage, and of children over 10 j^ears of age, born in lawful wedlock.^ Eor the Strategoi and the Hipparchs the peculiar rule was made, that the Prytaneis, in all probability those of the Council, must, until those officers had given in their accounts, guarantee that they possessed the requisite amount of property, while to secure the Prytaneis four sureties were produced by the Strategoi and Hipparchs, with the same rating as they themselves had to have. This peculiar regulation may perhaps be explained con- jecturally as follows : — The State did not make a regular assess- overtlirow (Arist. 33, 1) were copied from the TrdrpioL vofioL (Arist. 29, 3) than the converse, that a pamphleteer fabricated the Draconian constitu- tion in imitation of that of the 400, as Nissen {N. Rh. Mus., 1892, p. 201) has conjectured. [But cf. Dr. Sandys, Ath . Pol., 4, 2 note] . * Arist. 4, 2 : dired^Soro ixkv ij iroKiTela to?s oifKa irapexofJ-^voLS. 2 Arist. 4, 2 : -^povvro 5h roi/s [ikv iwia &pxovTas Kal roi/s ra/xias ovaiav KeKT-rjfxAvovt ovk eXdrTW diKU fivwv eXevdepav, rds 5' dtXXas dpxas (rdsy iXdrrovs eK Tuu oTrXa irapexofxevtav, crpaTTjyo^s de Kal iinrdpxovs ovaiav dwocpalvovTas ovk ^Xuttov t) eKarbv fipuip eXevdepav Kal iraldas eV ya/j,eT7Js yvvaLKOs yvrjaiovs virkp d^Ka irrj yeyovoras. That the reading deKa /xvcov is wrong, goes without saying. The ivuea dpxovres, as they were afterwards called, were the highest magis- trates in the State, and they must therefore have possessed a larger pro- perty than the Strategoi and the Hipparchs, who undoubtedly even then were inferior to the Polemarch. Whether we ought to write dLaKoaiuv or TpLaKoalwv or something else, we cannot say. In any case the property qnalification specified in this passage corresponded to that of the Penta- kosiomedimnoi. We cannot determine how large an estate, free of mort- gage, represented a yearly income of 500 jEginetan medimnoi. The magistracies mentioned in the above quoted words of Arist. are the elective magistracies, as Gomperz, op. cit., 31 ff., assumes— and 1 agree with him — and as indeed the ypovvro shows. Why no magistracies appointed by the lot can remain over and above the elective officers here indicated, as Etihl, N. Rh. Mus., 1891, 445/6, maintains, is not obvious. 120 Gilbert 1. 127-128.] Dfaco. [Gilbert 11. 133, 134. ment : the families of the Pentakosiomedimnoi, who alone had a share in the government before Draco, were known ; and the lowest class again was limited by the power to arm oneself as a hoplite from one's own resources ; but the citizens between these extreme classes were not officially classified, so that the possession of an estate worth 100 minse, and free from mortgage, required as a qualification for the Strategia and Hipparchia, could not be actually demonstrated. Accordingly the Prytaneis, who perhaps presided over the meeting for election, undertook to answer for the fulfilment of this requirement if four sureties, whose estates were likewise estimated at 100 minse, were produced, to be responsible to the Prytaneis, until the Strategoi and Hipparchoi had given in their accounts, for the existence of the amount of property required of those magistrates.^ The lot-magistracies, and the Council, whose members were like- wise chosen by lot, were open to all citizens of at least 30 years of age. But no one might be drawn a second time for the Council or a lot office, until all the other citizens had participated in the administration of these magistracies.^ A new institution of Draco's was the Council just mentioned, consisting of 401 members. This council, which was not always sitting, was apparently represented by a standing com- mittee of Trpvrai'eis:, as to whose organization no further information has come down to us.^ ^ Arist. 4, 2 : ro^fTovs 5' ^5et 5Le\yyv]a\s Kal Toijs LTTTrdpxovs roijs ^uovs I^^XP'- ^vdvvCov, eyyivrj^rds 5' €K toO avroO reXovs dexofx^vovs (not [7ra/)a](rxo//,eVoi;s), odirep oi (XTpaTrjyoi Kal 'iTnrapxot. The subject m the accusative and inf. clause is rovs Trpvrdveis, the object roiyrous, which refers to the previously mentioned Strategoi and Hipparchoi, and is again taken up by Kal roiis a-Tparrjyods Kal roiis iinrdpxovs. This is borne out by the relative clause at the end, and dexofihovs is therefore to be retained. 2 Arist. 4, 3 : §ov\e6eLv U TerpaKoaiovs Kal 'iva roi/s Xaxovras e/c rrjs iroXtTeias. Kkripovadai dk Kal rair-qv Kal rds ctXXas dpxds rods virkp rpidKovr' err] yey ovoras, Kal Sis rbu aiirbv fxrj Apxeiv wpb tov Trduras e[^]e\^e?i/ (or perhaps comparing Arist., Pol., p. 169, 32; 175, 11 dieXdeiv)- rare dk irdXiv e| virapxv^ KXrjpovu. For the last requirement, cf. Arist., Pol, 6 (4) 14=p. 169, 29 ff. : Kal iv dXXais 5^ TToXtretats ^ovXeiovraL al avvapxlaL avviovaai, ets 5^ rdsapxas jSaSt^oucri iravres Kara fi^pos e/c TLOu (pvXQu Kal tCjv fiopioov rdv iXaxt-O'TCOv TravreXws, ^ws cLv dUXdr] did irdvTwv. lb. id. 6 (4) 15 = p. 175, 8 if., where he discusses the various ways of appointing magistrates : ij yap irdures e/c irdvrcov alpea-et, ^ irdures iK irdvTOjv KXrjpcj}, Kal if €^ dirdvTcau ?) dbs dm fxepos, olov Kard (pvXds Kal drifMovi Kal (pparpias, eojs dv dL^Xdrj did irdvTUv tCjv ttoXltCov, t) del i^ dirdvTWv, Kal rd jj^kv oDto), rd de e/cetj/ws. 2 Arist. 4, 3. ^ovXeieiv 8^ TerpaKoo-iovs Kal ei/a roiis Xax^vras sk ttjs iroXtTeias. Rtihl (Suppl. vol. of the Jahrb., 18, 687/8) thinks Plutarch cannot have read in 121 Gilbert I. 127-128.J Athens, [Gilbert II. 134, 135. Besides the Council there was also an Ecclesia, composed un- doubtedly of all citizens. Any member of the Council who missed a sitting of the Council or an assembly of the Ecclesia, had to pay if a TrevraKocrto/xeot/Avos a fine of 3 drachmae, if a tTrireu? 2, if a ^euytrryg 1 drachma.^ The great powers which the Council of the Areopagus possessed in the government before Draco, were considerably curtailed by him. Tor whereas the Areopasrus before Draco, and Areopagus. . ^ ^ ' . again subsequently to Solon's reforms, exercised ju- dicial functions, and could inflict corporal punishment and fines ; Aristotle of the establishment of a ^ovKi] by Draco, because he ascribes to Solon the establishment of a second /SouX?? (Plut., Sd.^ 19. Comp. of Sol. and Public. 2). But Plutarch did not write an Athenian Constitutional His- tory, but a biography of Solon. He only recorded what Solon did, and therefore could very well write as he has. For the Prytaneis cf. the pas- sage of Arist., quoted and explained, p. 121, 1. Xlpin-dj/eis in the Greek States either form a committee of the council (see Part 2, 316 If.) or are single magistrates (Part 2, 326). Since at Athens we only hear of them in the former character, I do not hesitate to regard them here too as a committee of the council. In Thuc. ii. 15 we read that before Theseus the several Attic TrdXeis had their separate irpvraveTa re Kai dpxovras. Theseus made them all into one, KaroKva-as rCov dXXuv irbXeoiv tcl re ^ovKevr-qpia. Kai rds apxcis els T7]v vdv ttoKlv odaav, iv ^ovXevrripLou dwodel^as Kai Trpvraveiou. Here TrpvTaveiov once corresponds to the ^ovXevr-qpLov, then to the dpxai. The irpvTaveiov was at Athens the official residence of the d.px^v : Arist. 3, 5, but also a council- room of the irpvrdveLS, Plut., Sol., 19. The irpvrdveLS tCjv vavKpdptav in Hdt. 5, 71, have nothing to do with Draco's TrpvTdpeis, for they are an invention of Herodotus. ^ Arist. 4, 3 : et 5^ rts rwv ^ovXevruiv, 6Tav 'ibpa ^ovXrjs ■^ iKKXrjaias 7*, ikXeliroi [t7jv]v\a^ Tjv tQp v6/xo}u Kal Sier-qpei ras dpxois Sttojs Kark roiis vdfJLOvi dpxojcnv. e^ijv 5^ t(^ ddiKOVfJL^vq) irpb[i tt]v tG}v\ 'Apeowa- yirQv ^ov\t]v elaayyiWeiv, dirocpaipovTL irap'' 6v ddLKeirai vbjxov. On the other hand, of the ^ovKt] tu)v ' ApeoiraytTiav in the times before Draco we read : /cat K6kdi;ov(Ta koX ^rjfuovaa Tdvras roi/s aKoa ixovvras Kvplois. Arist. 3, 6: for the times after Solon: koI rods d/xaprduovTas rjifdvvev Kvpla o^xxa [koI ^'t]\iJiL[ovv] koX KoXd^eip. Arist. 8, 4. 2 That Ephetai and Prytaneis sat before Solon, follows from the Solonian law of Epitimia in Plut., Sol., 19 : drifiuv 6crot. drtixoi fjjav, irpiv rj li6\oova dp^ai, eirLTLfjiovs elvai ttXtjv 6'crot i^ 'Apetov irdyov fj 8(roi iK tcov ecperQv 7J €K irpwaveiov Kdra- SiKaffdhns virb twv ^aaCKioov iirl ^opip •^ €vyop, Sre 6 Sefffibs ecpdpT} Sde. Like Philippi (N. Rh. Mus., 29, 7/8, md. too Areop. u. Eph., 238), I suppose that KarahKaad^vres virb tup ^affiXioip relates to all three courts, and that by ^acrikeis we must understand the successive ^aaiXeis (see also Lange, d. Eph. u. d. Areop., 41 if. ; Leipz. Stud., 2, 116 ff. Hauvette- Besnault, de Archonte JRege, 2 ff.). I agree with Lange that as the double 6(Toi and double iirl show, a bi partition of the courts and of the offences is indicated. Adopting these hypotheses, I interpret the law to mean by the So-oi e^ 'Apeiov irdyov those condemned by the Areopagus before the introduc- tion of Draco's reforms, by the Saoi e/c tu)p eOT€pois d'7rex[d]e(T9aL Kal irepl trXelovoi iroiT](Ta(r6ai to KaXbv Kal T7]v TTJs TToXews auTTjplav rj ttjv avroO TrXeove^iav. Cf. too Arist. 11, 2 : . . . ldfjL](poT4poLi rjvauTuJjdri Kal e^bv avru) fx.ed'' biror^pwu i^^oiXero cvard [I'riJ rvpavveiv dXero -jrpbs dfj-cpoT^povs direxd^cdoLi., (rcicras rriv irarpida Kal rd ^i [XTi](rTa vop-ode- T-fjaas. ^ Arist., 5, 2, lL\avdpuTrevixa tovto koI ttjv a/x,a roxm^ yevofxivTjv rCiv re /iiirpujv iirav^/qaiv Kol too vo[x.l} ^rjpa Kal, vypd, iinrdda 8^ roijs rpiaKdaia TroioCi'Tas, ws 5' ^vioL e1v bwafxhovs. After Aristotle had refuted the latter view, he proceeds: ^eiryi'crtov 5^ reKetv tous dtaKocna rd avvd/x^u} Troiovyrai, rods 5' &\\ovs 6r]Ti.Kbv K.r.d. Cf. Plut., Sol., 18. Harp.: irePTaKoaiojuL^diinvoi. lirwds. driTes Kal 6i]tik6v. Poll. 8, 129, 130. Phot. : irevTaKocrLOfj^SL/xvoi. lirirds. ^evyqaiov. drfreiis Kal drjTLKov. Hesych. : e/c TLix-qp^dTiav. lirirds. ^evyiaiov. drjTLKbv. Suid. : irevra- Koaio/J.^dLfjii'ov. linreLS. iTnrds. dijres Kal drjTLKOv. Et. M.,410 : feiry^crioj/. drjTiKbv. Lex Signer. 261, 20; 264, 19; 267, 13; 298, 20, all of which are drawn from Arist. Boeckh's view {St. d. Ath., 1, 647, Lamb's Eng. tr. of Boeckh's Publ. Ec. of Ath., p. 641) was that the minimum assessment of the Zeugitai was 150 fjL€Tpa. He inferred this from a law preserved in Dem. 43, 54. But this view is now no longer tenable on account of Aristotle's testimony. ^ Arist. 7, 3: Kal ras [[/ie[7ts [t7]p dp]x'^v. to?s 5^ rb drjriKbv reKovciv iKKXtjaias Kal diKaaTrjpiuv jiieridiaKe ixbvov. 7, 4: toi>j 5' dWovs drjTLKbv, ovSepLids fxerixofTas dpxv^' Cf. Arist., FoL, 2, 12=:p. 56, 32 sqq. Bekker: rds 5' dpxds €k tCiv yviopifnav Kal twv euirbpuv KaricxTTqae irdaas, iK tCov TrevTaKoaLOfiedifxvuv Kal ^evyiTdv Kal rpirov riXovs TTjs KaXovjxivrjs lirirdbos' rb 5k riraprov drjTLKbv, ols ovSe/xids dpxv^ /xerrju. Poll. 8, 130. Harp, drjres — 8ti dk ovk iarparedovTO, etprjKe Kal' Apiarocpdvrjs iv AaLTaXeva-iv. In general cf . Sol., fr. 18. Arist. 26, 2 : ot 5^ (viz. oi iwia dpxovres) irpb to6tov (i.e. before 457/6) irdures i^ iiririwv Kal TrevTaKoaiOfiedi/avcov ^aav, ol (5ky ^evyirai rds iyKVKXLovs ^pxo^i " f^V '^'- irapeupdro tCjv iv rots vbfxois. When Flnt., Arist., 1, says that Demetrios of Phaleron cited as proof of the easy circumstances of Aristides rrjv iirJjwfiov dpx'^v, ^v ^p^e rep Kvdfxip Xax^^v iK tlov yevup tQv rd fiiyiffra riii-qfiaTa KeKTrjfxivuy, ods TrevTaKO(7i.op.eUixvovs irpoarjybpevov, the last ex- GiLBEKT I. 133.] Athens. [Gilbert IT. 145-6. Solon seems to have arranged the incidence of taxation on the same principle on which he distributed political rights. If Boeckh's ingenious combination is correct, he gradu- Taxation. ; t> ated the financial burdens of the burgesses on a system of extraordinary originality for such early times, according to the census-class to which each burgess belonged. Regarding the 500, 300 and 200 measures as the net income, computed from the amount of rent the estate brought in, then, since Solon regarded the medimnos as equivalent to a drachma, it follows, if we assume a ratio of income to property of 8j % (which is the ratio sup- ported by evidence from later periods), that the minimum value of landed property for the TrevTa/cocrio/tcStyLti/ot was one talent, for tTTTrct? 3,600 drachmas, for the Zeugitai 2,400 drachmas. Now to secure an equitable distribution of taxation for state purposes among the classes two methods were available : the different classes might have been taxed at different rates per cent, upon their entire property ; or, the assessed capital might be made to vary from the actual capital in different ratios in the different classes, while the taxes were levied at the same rate per cent, of assessed capital in all. Solon adopted the latter course. The TrevTaKocrto/AeSt/xi/ot were assessed at the entire value of their landed estates, the iTTTrcts at 3,000 drachmas, the ^cvytrat at 1,000. These numbers represent the minimum assessment on a member of each class, and also show the ratio at which the assessed capital stood to the real capital for each member of the class.^ planatory words may be Plutarch's own. In the Draconian constitution the dpxovres and raiilai had the same assessment (Arist. 4, 2) ; according to the Solonian the latter had to be Pentacosiomedimnoi (Arist. 8, 1). ^ For the S3^stem of Boeckh's given in the text see FuhL Econ.^ 1, 643 (495) ff. It is based on Poll. 8, 130. The 8J % assumed by Boeckh as the ratio of rent to value of landed property is supported by the 12 minae as rent for an aypbs worth 150 minse in Is. 11, 12. For the worth of a medimnos in Solon's time=one drachma , cf. Plut., Sol.^ 23. The objections of Bake, Schol. hypomnevi.,4:,12'S if., have been answered by Thumser,c?e Civium Atheniensium vumerih., 29 ff. Beloch has criticised Boeckh's combination in Herm. 20, 245/6. A graduated taxation so complicated as that Boeckh assumes cannot be admitted, for the period when financial science was still in its infancy ; even the Pisistratidai still levied ^ j of the produce of the soil in kind. At any rate it must always be recognised that Boeckh's scheme is merely a hypothesis. On the other hand, the statements in Pollux show that there was a graduated system of some kind or other. Therefore the only doubt remaining is whether such a scheme can date as early as Solon himself. If this is considered probable, then it must be assumed that Pisistratos reverted to what was undoubtedly the original system of taxes 132 Gilbert I. 134-5.] Solon S Taxation. [GiLnEnx II. 147. The employment of the census-classes for purposes of finance was effected by means of the system of Naucraries instituted by Solon. Starting with the four Ionic Phylai, he system of divided each Phyle into 3 t^ittv^.^, each rpiTTv^ into 4 Naucraxles. vavKpaptaL ; the whole country was thus mapped out into 48 local divisions or Naucraries.^ At the head of each Naucrary stood a vavKpapo<; or '' ship-furnisher," who derived his name from his duty, the equipment of a ship of war: when the ship was com- pletely furnished he also acted as its captain or commander.^ This etymology is corroborated by the fact that according to our paid in kind. Cf. Thuc. 6, 54 ; Arist. 16, 4 ; Zenob. 4, 76. On the other hand, the statements of Arist. 8, 3 on Solon's arrangement of the Naucraries show that the Naucraries levied an eiacpopa in coin. The comparison of the Naucrary with the Symmory in Phot, seems to point to the same conclusion. * Arist. 8, 3 : (puXai 5' '^aav d' Kaddvep rpoTepov /cat (l)v\o^acn\€is r^Trapes. ck de [ttjs (pvXrjs €K]daT7}S rjaav vevefnuxipai rpirr^es fxkv rpe^s, vavKpaplai 5k duSeKa Kad' €Kd(TT7]Vj [iwi dk tQv] vavKpapiCbv dpxv KaOeaTrjKVM ua^KpapoL, TeTay/xhrj irpjs re rds €la(f>opds Kai tcls 5a7r[dj'as] rds yi.-yvop.har deb /cat iu rots vSfiOLS rots SiXwi/os oh ovK^Ti xp^vraL 7roXXax[oi} 7^]7pa7rTat "tolis vavKpdpovs eiairpdrTecv''^ /cat " d.j'aXtV/ceij' iK toO vavKpapcKou dpyvp[iov].'''' Cf. also Phot. vavKpapia' rb vporepov ovTOJs iKdXow vavKpapla Kai va^Kpapor vavKpapla p-kv bwolbv tl i] avixfiopla /cat 6 brjjxos, vaijKpapos 5k biroZov ti b 5r]fj.apxos, "SioXiovos ovrcas ovofidaavTOS, u)S /cat ApLffTOTeXTjs (pTjO-L /cat iv rots vbp.oi% \iyei (for the MSS. 5^), " idv tis pavKpapiai d^t0tcr^7;ry" /cat "roi^s vavKpdpovs tous Kara vavKpaplav''''' xxxrepov Se dirb KXeia-Qij/ovs bTJfioi €l This partiality in favour of the agricultural population did not prevent Solon's devising careful and energetic measures in the interest of the traders and handicraftsmen, who al- Trade and ready existed in Attica in his day. The alteration of Manufactures, the system of weights and of coinage was intended to make the trade of Athens independent of iEgina, and open a new region as a market for its produce. Solon made special enactments to encourage Attic industry and handicrafts, and facilitate the settlement of foreign craftsmen at Athens. Further, those who belonged to this class were not absolutely excluded from political rights. Anyone who invested his earnings in landed property to the requisite amount, became thereby a member of the privileged classes ; and that land should not be difficult to procure, was secured by the Solonian law, which prohibited the acquisition of landed property above a fixed maximum amount. Similarly the law which can be proved to have been in force in the 5th and 4th centuries prohibiting ey/cnyo-c? y^s by Metoicoi, was also in- tended to facilitate the acquisition of land by Athenian burgesses.^ case the enemy invade the land, the yewfr/ol are eager apriyeiv rrj x^P9-i the TexvtTai on the other hand are willing to sacrifice the country and defend the town only : Xen., Oecon., 6, 5-7. 5td ravTa U Kal evdo^oTdrr] (so also § 10), eTvaL irpbs tu>v irdXeuif avTrj f} ^lorela (i.e. j) yF.upyia), 6ti Kal iroKiras dpicrrovs kol eivova-Tarovs irapix^adai. doKei toj koiv($. After treating of agriculture, Xen., Oecon.^ 19, discusses rj twv Uv^pwv (pvreia, so far as concerns the vine, the fig, and the olive tree. Prohibition of export tuiv yiyvopiivwv with exception ot oil : Plut., Sol., 24. State protection of the olive tree : Boeckh. 1, 60 (41) if. Arist. 60, 2. Attica as original home of olive culture : Hdt. 5, 82. Later Pisistratos is said to have paid special attention to its encouragement : Dio Chrysost. 25, p. 181. ^ In Diod. 9, 18 the division of the iroKLTeia into Eupatridai, Georgoi and Demiourgoi is attributed to Solon, while Plut., Thes. 25 assigns it to Theseus. For this classification cf. also Poll. 8, 111. Hesych. aypoLuiTaL. Et. M. 395. eu7rarpi5at=Lex. Seguer. 257, 7. Sol.,/r. 13, 43 sqq., speaks of the classes of merchants, countrymen, and artisans. In the introduction of the new coinage Solon adopted the Euboeo-Corinthian system, with the object of obtaining Sicily and Chalkidike as markets for Athenian trade. See Kohler in the Mitth. d. dtsch. arch. Inst, in Ath., 10, 151 if. Imhoof in the Ber. d. Berl. Ah, 1881, 656 ff. Droysen, ih., 1882, 1202. Special decrees of Solon's for the encouragement of Industry and Manufactures:— A son need not maintain his father, if his father had taught him no trade : Plut., Sol., 22. Solon granted citizenship to foreigners, iraveaTloLs 'Adrjva^e /xeroiKL^ofM^voLs eirl T^x^xi : Sol., 24. Concerning the political rights of SrjixLovpyoi in general, Arist., Pol., 3, 4= p. 65, 6, says : 5:6 irap eulois ov /xeTeixof oi 8r]fiiovpyol rb TraXaibv dpx<^v, Trplv drjfiov yeviadai rbv 'iaxo-Tov. Solon himself practissd a trade : Arist. 11, 1. For the possibility of rising out of the class of Thetes to a ^35 Gilbert I. 133.] Athens. [G ilbert II. 150, 151. For the appointment of magistrates (of whom we have attested as existing in Solon's time o\ kwka. apxovre<;, ol ra/xtat, ol iruiX-qrai^ ol ej'ScKtt and ol KtoXaKpcrat) Solon introduced a combination of election and allotment. The 9 Archons, whose method of appointment cannot have been essentially different from that of the rest, were selected in the following way : each of the 4 Phylai elected from its own numbers 10 citizens belonging to the two first census classes ; then from among these 40 the 9 archons were taken by lot.^ These 9 Archons became by Solon's legislation a Collegium or board of colleagues ; at this date they must have first obtained Ol tvv^a the oflScial title ol kwka apxovT€<;. This board met in dpxovTcs. the Thesmotheteion. The president was not the /?ao-tA.€us, but the official already known before the time of Solon as apxoiv : his position must have given him the preponderant in- fluence on the board. The official powers of these 9 Archons were diminished by Solon to the extent that he permitted litigants to appeal to the public assembly against their legal decisions. ^ higher class, see the example of Anthemion in Arist. 7, 4. Poll. 8, 131. Maximum limit of landed property: Arist., Pol., 2, 7 = p. 37, 26 sqq. ^ On the magistrates who existed in Solon's time, cf. Arist. 7, 3. On the method of appointing magistrates, cf. Arist. 8, 1: rds 5' dpxa-s iiroirja-e KXrjpurhi iK TTpoKplTUP, oOs [€Ka.v\aKa tCov pS/jlcop iKadLaev. Ace. to Poll. 8, 125 Solon added the court of the Ephetai to the Areopagus as a court of justice to deal with cases of homicide. On the competence of the Areopagus in this department, cf. the law quoted in Dem. 23, 22. Arist. 57, 3. Poll. 8, 117. On the composition of the Areopagus, cf. Plut., Sol., 19 : (Xv [jJkv yap idojKa rbaov yipas oaaov dirap [xe] t, — ti/jltJs o6t dcpeXwu oCt iirope^afxevos show that he had no very great veneration for the rights of the Demos or Ecclesia either. ^ Arist. 7, 3 : rots 8^ rb drjTiKov reXovaiv iKKKrjaias^Kal diKaa-TTipiuv /xeriSiOKe fjiovov. That the "HXiat'a was established by Solon follows from the wording of a Solonian law preserved in Lys, 10, 16, the authenticity of which there is no reason to doubt : ded^adat 5' iv rrj TrodoKOLKKj} rjfiipas irevTe tov iroda, iav TrpoaTLfXTjCT-ig r/ ifKiaia. That the jurymen were chosen by lot from among citizens who volunteered their services, I infer from the fact that this was obviously the method practised at the time when payment for the jurymen was introduced by Pericles. Cf. Arist. 27, 5 : d &v (through the introduc- tion of uiadocpopa) alTLUivTai rives X^'^P'^ yeveadai (sc. rd diKaaTrjpLa), KXrjpovfxevuv iwifMeXuis del /idWov tQv tvxovtwv ?) tuiv eTneiKUP dvdpJiirwv. The rfKiaia appea^rs as a great board of dicasts in C.I. A., IV. 27a. (Dittenb. 10. Hicks 28). Cf. Antiph., de Chor.^ 21. Demad. irepi 5w5e/caerias, /?\ 52 in Hermes 13, 494. For the position of the ijXLaia building cf. Eustath. on Od., 1430, 22 : rjv . . . dyopd KepKdoTTuv irXTjffiov ijXiaias. Wachsmuth 1, 496 ; 2, 1, 359. That there was a distinction between the Heliaia and the Demos is clearly shown by Plut., when in his Comp. of Solon and Poplicola, 2, he says of the latter: /cat ydp dpx6vT0}u KaTacrrdaecos Kvpiovs eTroirjae rods ttoXXoijs Kal rocs (pevyov(TL dcKrjv iirt-KaXetadaL rhv Sij/xov, Coairep 6 26Xa)v rot's dLKaards, ^Sw/cei/. It is uncertain whether Solon at once divided the Heliaia into sections. Aristot. in the passage quoted above speaks of dLKaa-TTjpta, but in c. 9, 2 of 5LKa(XT7]pLou. The Solonian statute quoted above designates the Heliaia as a court of justice. 139 GiLBEKT r. 139-140.] Athens. [Gilbert IL 154, 155. the magistrates still possessed the power to inflict fines up to a maximum amount specified by law, and this appears to be a survival of an original power of delivering final judicial sentences.^ Moreover the right of participating in the administration of justice granted to the Thetes by Solon was at that date more im- portant theoretically than in actual practice ; for so long as the jurymen were unpaid, it was only in exceptional cases that Thetes were willing or able to devote their time to the tedious business of jurisdiction. While Solon retained the Draconian laws concerning homicide, with the modifications explained above, he abolished all the rest „ , , , of Draco's statutes, and secured complete Epitimia to Solon s Laws. ' . all who had been condemned under them, with but few exceptions. The Draconian laws were replaced by the code of statutes drawn up by Solon, and this code remained the stan- dard of Athenian legal obligations for all departments of public and private life. The Solonian laws were written out on square- based pyramidal pillars, which were called a^oi/cs because they were mounted so as to admit of being turned round, and Acvp/Jet?, because of their shape. These were placed in the o-roa jSao-iActo?. The 9 Archons had to take an oath at their entry upon office that they would observe the laws, and would dedicate a golden statue at Delphi if they transgressed.^ ^ Arist. 9, 1 : Tpirov 5k, ^(^y fii\i(TTd (pacriv Icrx^Kivai rh ir\7Jdos, i] eh rb dLK[a(TTi^pLOv] e(p[€ov Kvpios yiyveraL ttjs TroXiret'as K.T.X. Plut., Sol.^ 18: 8 (t6 St/cd^eiJ') /car' apxas fdv ovS^v, varepoy dk irafi/xiyedes icpavrj' TO, yhp TrXetcrra tQv 5ia)v ert] d6o Kal 56o fiTJvas vp^ev, ^ws i^-qXaOrj ^ig. ttjs dpxv^- ftr ido^ev avTois Sia rb aTaaid^etv dpxovTas eXicrdai 5^/ca, irivre p.kv evTraTptdQv, TpeTs 5' d[yp]oiK(i)v, 8vo 5^ drjfiiovpyQv, Kal oi^rot rbu fierd Aafiaaiav VP^^-" evtavrov. y Kal drjXov Sri fieyiarrfv elxe 5ivap.Lv 6 B.px'^v (paivovTai yap aiel (TTacnd^ovTei irepl TavTTjs ttjs dpxv^- The theory of Landwehr, in the 5th Suppl. vol. of Fhil., 105 ff., and Diels, in the Ahh. d. Berl. Ak., 1885, 10 ff., that by Damasias is meant the second Archon of that name known to us, has now been confirmed by Aristotle. Diels, t6., 11, had fixed his year of office at 586/5, or, at any rate, between 590 and 580, which agrees with Aristotle. That the new arrangement only lasted one year, as Busolt supposed in his griech. Gesch.^ 1, 544, does not necessarily follow from the text of Aristotle. See also Diels, t6., 19. Nor does Aristotle give any justification for the theory that Damasias obtained support as tyrannos from the non-Eupatrid classes, as Diels, ih., 13 ff., and Holzapfel, Beitr. z. griech. Gesch., 14 tf., 1888, suppose. Arist., 13, 3, gives rrjv xpbs dXXrjXovs (piXoviKiav as a si^n of the long-continued voaelv Tk Tpbt eavrovs. 1 take this as referring to Eupatrid Hetairiai, such as we meet with in the history of Cleisthenes (cf. Arist., 20, 1) ; they were analogous to the ^wuiixoaiaL iir dpxcus of the period of the Peloponnesian war: Thuc, 8, 54. ' Arist. 13, 3 proceeds as follows : 5Xa>s 5^ dier^Xovv voaovvres rd irpbi eaxrroijs, ot pjkv dpxw Kal irpb(f>av irapaXicoy, Civ irpoeidTriKU MeyaKXrjs 6 'AXK/xeuvos, o'lTrep e56Kow fidXiara diibKCLv tt]v ix^ffrjv iroXiTeiav. &XXr) 5^ tQu ireSialKcov], ot ttju 6XLyapxlo,v i^rjTovv rjyeLTo 5' avruiy AvKoOpyos. 01 ry voXiTeia Suo'xepctti'oi'Tes did to fx. y. fieraBoXifiP formed without doubt the nucleus of the veSiaKoi, who, ace. to Arist., FoL, 8 (5), 5:=p. 203, 21 ff., are identical with the irXoijaioi. Arist., 13, 5, says of the party divisions : elxov 5' ^Kaaroi raj iiruvv/xlas dirb twv toitcov, if oU iyeibpyovp ; cf . also Plut., Sol., 13 and 29 (where, ace. to Diels' (i6., 19 ff.) more probable theory, 13 is a dittography of 29), and Hdt. 1, 59. ^ Arist., 13, 4 : /da /x^p tQp irapaXiup, Cbp irpoecaTrjKei MeyaKXiji 6 ^AXk/jl^wpos, olirep idoKovp fidXiara SubKctp tt}p fiiarjp voXiTeiap. The fUar) iroXireia is the con- stitution of Solon, who, according to Arist. 5, 3, belonged r^ oixxig. Kal rots irpdyixacn tQp fxiaup. Thuc. 2, 55 includes in the vdpaXoi or irapaXla yr} the coast districts facing the Peloponnesus, as well as those towards Euboia and Andros. ^ Arist. 13, 4 : Tpirr) 5' 17 tQp duaKpiup, ivXtj, the largest unit in this system of organization. Thus each Phyle formed was made up of three Trittyes, one in each ^ For the object of the new arrangement see Arist. 21, 2 : wpwrov jj-kv ovv avv- heifie TrdvTas ets 5^/ca 0i;Xds avrl tu)U TeTTapcjv, dva/xel^at 0ov\6fi€vos. Sttojs fA.€Tdcrx^<^'- TrXecovs rrjs TroXtreias. — Std tovto 8^ ovk els ddoScKa (pvXds avvira^eu, [67rws a]vTip fjLT] av/n^aipr] /nepl^eiv Kara rds Trpov7rapxovcra$ TpLTTvs' Tjaav yap €k 8' (pvXdp 5w5e/ca TpLTTves ibcrr'' oii [avp^JTTLirTev duafJiicryeadaL to irXijOos. On the institution of the demes see Arist. 21, 5 : KariaT-qae 8k koI 8r]/xdpxovs Trjv avr-qv ^xoiray eiri/xi- Xecav TO?s irpdrepOv vavKpdpoLS' Kol yap roi>s 8rjp,ovs dvrl twv vavKpapiuiv eiroitfaev. ■jrpoarjyopevae Se t(2v 8rj/ii(x}p roi/s fxkv dirb tuov tottwu, roi/s 8k dirb twv KTLadvTOiV ov yap diravTes iiirrjpxov eu to7% tottols. The pre-Cleisthenic existence of the Attic Demes appears from what Plat., Hipparch., 228/9, says as to Hipparchos' erection of Hermai as finger-posts. Cf . Wachsmuth, d. St. Athen^ 1, 498, 3. Moreover the village^and hamlets without doubt had names before Cleis- thenes ; he only gave them official recognition. On the origin of these names cf. Et. M. 327, 33 ff. That Cleisthenes originally established 100 Demas (though Strab. 396 gives 174 as the number of the Attic Demes, and the Demes we know outnumber 100) appears to be nevertheless the meaning of Hdt. 5, 69: rds cpvXds fxerowdfiaae /cat iTroirjae TrXeuvas e^ eXaaaovuv' ocKa Sk 8tj (pvXdpxovs durl Teacr^pcjv eTroLrjae, Se/ca 5^ Kal toi)s Stj/xoi's Kar^yeifie els rds (fyvXds. This is confirmed, it has been believed, by Herodian ir. pt,. Xi^., pp. 17, 8, 'Kpa(p7]v els tuiv eKarbv ijpuiwv. Wachsmuth, d. St. Athen., 2, 1, 248, 1. Sauppe, de dem. urh.^ 5 ; Landwehr in the 5th Suppl. vol. of the Phil., 161 if., attacks this. Perhaps the 100 ijp(aes are to be explained from Arist. 21, 6 : rah 8k (pvXaTs eirolrjaev eirwvijfxovs eK tQv trpoKpidkvToiv eKarbv dpxvy^'''<^^i oi)s dveiXev ij llvOia 8^Ka. Cf. Poll. 8, 110. The notice of Cleidemos ap. Phot., vavKpapla : 6 l\.Xel87)p.os ev rrj Tpirri (f^rjaiu, 8tl KXeicrd^vovs S^/ca (pvXds iroiriaavTos dvrl tu3V reTTdpoiv (Tvve^rj Kal els TrevT-qKovra p-eprj 8LaTayT]vaL' avroi/s 8k eKaXovv vavKpapias perhaps is due to a confusion with the 30 rpLTries. 147 Gilbert 1. 142-3.] Athens. [Gilbkrt II. 163-4. district.^ By constituting the Demes independent communities and subdivisions of the State, he ]jound together the members of the several demes, making them feel personally united ; henceforth every citizen was officially designated as member of some par- ticular Deme, and all official distinction between old and new burgesses disappeared.^ Another reform of Cleisthenes was the supplementing and ex- tension of the old arrangement of the Phratries. This was ren- New Arrang-e- ^^^®^ necessary by the creation of so many new mentofthe citizens.^ Cleisthenes formed from the new citizens a certain number of Oiaa-oi or religious societies ; in so doing perhaps he recognised as Oiaa-oL some private associations of this kind already in existence. These Ocaa-oL had the same importance for the new citizens as ra KaXov/xeva yiv-q for the old.* While the old citizens remained in the Phratries, to which they had previously belonged, the Oiaa-oi of the new citizens were, it appears, arranged within the old Phratries already existing, or in other cases new Phratries were formed by a union of a certain number of Oiaaoi. In doing this Cleisthenes naturally proceeded in such a manner ' Arist. 21, 4 : Suveifie 8^ /cat tt]v x'^P^^ /caret drjfiovs rpiaKOVTa fiipr], deKa fxhv tujv irepl rb dcrrv, 5^/ca 5^ ttjs irapaXlas, 5^/ca 5^ ttjs fxeaoyeiov^ koL ravras iTrovop.6.aai TpLTTvs, eKk-qpoiaev rpeis eis rrjv (pvXrju eKaaTrjv, Sttws eKaarrj fxerixv ttolvtiov twv Tbirwv. 2 Arist. 21, 4 : koL d-q/xSras eirolrjaev aXkrjKwv tovs olKovvrai iv eKacrri^Twv S-qfxuv, iVa fXTf] Trarpodev TrpocrayopevovTes e^eX^7Xa>crtJ' roll's veoTroXiras, dWa tu)v dri/xuv avayopevojaLv' 66ev kolI kolKovclv ^Ad-qvatoi. acpds avrovs tu)v 87jiJ,iov. In Aristotle's times the Athenians called themselves Trarpddey and by the Deme to which they belonged. The irarpodeu in this place, if it is not struck out, must therefore have a different sense from that it usually bears. I understand by it that the Athenians till Cleisthenes' time called themselves by their family names, e.g. KXeLadevrjs 6 'A\k/j.€uvl8t]s. ^ Arist., Pol., 7(6)4 = p. 184, 30 ff. : ^tl 8^ kuI to, roLavra Karaa-Kevda-piaTa XP'H'^'-P-^ TTpbs rrjp 87)iJ.oKpaTiav tt}v TOiatJTrjv, oU KXcict^^J't/s re ''Ad-qviqcnv ixpV'^o.TO ^ov\6fj.evos aii^TJaai ttjv S-qp-OKpaTiav /cat irepi Kvprjvrjv oi top 8rip.ov KadLaravrer (f>vXai re yap ^repai Tronjr^ai irXeiovs /cat (f>paTpiai /cat rd tQv l8lo}v iepujv ffwaKriov eh oKiya /cat KOLvd. This is not contradicted by Arist. 21, 6 : ra 5^ yh-q koX rds (pparplas /cat rds iepucrijvas etacreu ^X"** ^xdarovs Kara rd irdrpLa. This has been rightly emphasized by Peter Meyer, de^ Aristot. Polit. u. die 'Ad. ttoX., p. 51 ff., and Niemeyer in the Jahrh. f. cl. Phil., 1891, p. 409. ^ The actual evidence that the Phratria was divided into a number of dlaaoL, is supplied for the age after Eucleides by the decree of the Phratria Demotionidai, most easily accessible, in a complete form, in Sauppe, de lihratriin Alt., II. p. 3ff., Ind. scJiol. Goett., 1890/1, the first half in C.I. A., II. 841&, the second in Berl. phil. Wochenschr., 1889, 225 ff. 148 GiLBKUT I. 142-3.J Cleisthenes. [Gilbert II. 164-5. that as far as possible all members of any one particular Deme, so far as they did not already belong to an old Phratria, were attached to the same Phratria, so that the majority of the members of a Deme or of several demes were united in one and the same Phratria.! The members of the ^tWot, who were also called opyewrcs, had citizen rights now just as much as the members of the 7cVt7, and the Phrateres were bound henceforth to receive the former no less than the latter into the Phratria.^ * The diaaos to which Aeschines' family belonged was, it appears, incorpo- rated into an old Phratria. I infer this from his words de falsa leg., 147 ; eXvai 5' e/f (pparpias t6 yivos, fj rdv a-urCiv ^(v/xQv 'Erco/JovrdSats /JLerexei.' The Phratria Demotionidai, in whose decree only dlaaoi. are spoken of, was a new Phratria, or one in which rd, KaXoijfieva yivt] had died out. R. Schoell in the Sitzungsher. d. hayr. Ak., 1889, 2, p. 22, says of Cleisthenes' new arrangement of the Phratries : " It is not the family or yevos., but the deme which is the basis of the Phratria." This is so far right that Cleisthenes as far as possible assigned whole Demes to the Phratries. Thus in all likelihood Myrrhinus was the centre of the Phratria Dyaleis, for the (ppirpiov was there. Cf. C.I.A., II, 600. Similarly Dekelea was the centre of the Phratria Demo- tionidai. See the last note. But other Demes also belonged to this Phratria, for otherwise the direction 1. 115 ff., Sttws 5' kv eldCoaL ol cppdrepes roi-s /xiWovras eicrdyeaOaL, diroypdipeadat rep TrpdoTCj) ^ret t) ip Slv rd Kovpeiov dyei rb 6vofia iraTpodev Koi ToD 571/xov K.T.d., would be as far as the last words are concerned super- fluous. Moreover the Phratriarch is from OIkov AeKeXeiKOP, 1. 11/12. With Schoell, ibid., 21, I take the oIkos of the Dekeleans to be the whole of those who belonged to the deme Dekelea, to which as chief deme fell the leading position in the Phratria. Hence the Phratria-notices were made 6Trov hv AeKe\€LT]s irpo(T4>oLTCJs 5^ (ppdropas eircwayKes 8^x^<^^°'-'- k^^'- ^oiis opyeuvas Kal rods ofioydXaKTas, oits yevv-qras Kokovfiev. The explanatory relative clause is, without doubt, an addition of Philochoros. The meaning of the words is clear. Cf. Schoell,* ibid., p. 17. ''Opyeusves appear as early as Solon's laws (see Seleucos ap. Phot., dpyeQves. 1 now agree with Schoell, ibid., 15, 1, that he refers to the law preserved in Dig. 44, 22, 4), but without reference to the organization of the citizen-body. The dpyeiaues mentioned Is. 2, 14. 16, before whom an adopted son was brought, I now regard as the members of a sub- division of the Phratria. Isolated lexicographers identify dpyeuives and yevPTJraL (Et. M. 226, 13 fF., Lex. Seguer. 227, 9 IF.) : they probably arrive at this from the general meaning of the opyeQyes as a religious association (Harp. Suid., 6py€u}ves), because after the reconstitution of the Phratria yevvTjrai and dpyeuives attend to similar religious ceremonies. 149 GiLBFUT I. 1.12-3.] Athens. [Gilbert II. 165-6. The cult of Zcu? 'EpK€tos and 'AttoA-Xcov Ilarpalos, hitherto the possession of the yeVi; alone, was now undertaken also by the new citizens, and henceforth counted as a proof and condition of Athenian citizenship. In earlier days perhaps this cult had been observed in the individual families only : now Zeus Herkeios and Apollo Patroos became guardian-gods of the Phratries, in which character the former meets us in the cults of the Phratria side by side with 'AOijva ^parpia as Zcvs ^parptos.^ The Old It seems to be abundantly proved that Cleisthenes Phylal. left the 4 old Phylai standing in some form or other.^ In harmony with the tendency to increase the citizen-body, which Cleisthenes followed in his enfranchisement of the strangers and Conditions of emancipated slaves, the rule was now established, that Citizenship, citizen descent on one side of the family was sufficient to secure Athenian citizenship. This appears to be demonstrated by the isolated examples of which we hear.^ We do not know what ^ In Plat., Euthydem., 302, Socrates says : ?(tti yii.p iimoiye /cat /3ajftol /cat iepd oUeTa /cat irarpipa Kai rS-Wa Saairep rots &\\ois' Adrjvatoii tu>v toiovtuv. As appears from what follows, he means the cult of Zei>s 'Ep/cetos and ^pdrpios, 'AirdXkwy Harp f OS and 'Adrjva ^parpia. Harp. epKehs Zet>s says, 6ti 5^ tovtois p.er'qv ttjs iroXiTeias, ots eirj Zei>s e/)/cetos, dedrjXwKep Kai 'TirepiSrjs ev ti^ iiirkp Sr]ij.oTOLr]TOV, el 7»''?^crtoj, Kai ATjfi-rjTpios iv rots irepl ttjs 'AdrjVT]s TeXeuv in an inscription so late as the time before the introduction of the Hadrianis, C.I.A., III. 2. The continuance of the old Phylai as corporations seems to be shown by the continuance of the (pvXo^aaiXeh, Poll. 8, 111. ; Arist. 57, 4, and by the payments still made in the 4th century for tacrifices iK tQv (pvXo^aaiXiKQv. C.I. A., II. 844. ' Themistocles, although a vdOos on the mother's side (Plut., Them., 1 ; Ath. 13, 576 C) was nevertheleiss Archon. (Thuc. 1, 93; Arist. 25, 3). Gilbert I. 144.] Cleisthenes. [Gilbert II. 167. else Cleisthenes did to make his constitution more democratic than that of Solon.^ His arrangements for the organization of the government were based on the number 10 of the new Phylai. He raised the number of the members of the council of 400 ciasaiflcation to 500, taking 50 from each tribe. The number 10 on Decimal was also adopted for the boards of magistrates either introduced by Cleisthenes or subsequent to him. We are not in a position to say what magistrates were established by Cleisthenes, and what only later. We only know that the Apodectai were his creation. 2 Lastly the institution of ostracism, which lasted till 418, is due to Cleisthenes.^ It was specially directed against the followers Schenkl, in the Wiener Stud., 1883, 23, has doubted this without reason. See also Wachsmuth in the Wiener Stud., 1885, 159/160: SchenkPs reply, ibid., 337 £f., is not at all conclusive. Cimon too was a v6dos, Hdt. 1, 39 ; Plut., Cim., 4. The p6doL received their public gymnastic training in the Kyno- sarges, Plut., Themist., 1 ; Lex. S3guer. 274, 21 if. That fact, it is true, put them to a certain extent on a lower level than the general citizens. With the tendency of Cleisthenes' institutions agrees very well the remark in Arist., Pol., 7 (6) 4 = p. 184, 16 ff. irpos d^ rb KaOtardvai TaOrrju ttjv drjfiOKpariav Kal Tov drj/iioif iroielv laxvpbu dujdaaiv ol irpoea-TujTes Tip TrpocrXa/x^dueLV ws TrXettrrous Kai iroLelv iroXiras fj-i] (xovov Toi/s yvqalovs, dXXd /cat roj)s vbdovs Kal roi/s i^ oirore- povovv ttoXltov. ^ Arist. 22, 1 says : toOtojp 5^ yevojxivwv drj/MoriKUT^pa ttoXi) rrjs 1,6\wpos iy^vero i) TToXiTeia' Kai ydp crvvi^f} toi)s fi^v ^dXuvos vbfiovs dcpaviaai rrjv rvpavvlda 5id to /jlt) XPVcdaL, pofiovs 5' dXXovs delvai rbv KXeiad^urj (TTOXo.^op.evov tov irXrjdovs, iv oh eTidrj Kal 6 irepl toO oaTpaKiaiiov vbiios. Of. 41. ir^fxirTr] 5' ij /JbeTa (rrjvy tQv Tvpdvvwv KaTdXvaiv i) KXeicrdivovs brjixoTLKUT^pa ttjs S6Xa;j'oj. On the other hand in Cleitophon's supplementary proposal during the discussions which pre- ceded the establishment of the 400, we find, Arist. 29, 3 : KXeLTo^pov, aXkh (rracnaaTLKQs expi^vTo roh darpaKLcrfiois. A list of the conflicting parties and party leaders from Cleisthenes to the end of the Peloponnesian War is given by Arist. 28. The whole of Aristotle's account, Pol., 3, 13, seems to me to testify expressly to the change in the meaning of ostracism given in the text. It explains too the universal tradition of antiquity that by the ostracism those were attacked who towered above their fellow- citizens. Lugebil, p. 154 ff., explains this tradition as arising from the debates preceding ostracism, in which each side reproached the other with aiming at tyrannis. This seems very improbable. His explanation of the character and historical significance of ostracism is correct for the time of its improper use in the 5th century. He starts from a remark of Roscher, fiber Lebeti, Werk, und Zeitalter d. Thukyd., p. 381 ff. ^ Arist. 22, 2, ^ireiTa roi/s arpaTirjyoi/s ypovvro Kara cpvXds, i^ eKaaTrjs (rrjsy (pvXijs 'iua, TT]S 5' aTrdcTTjs aTpaTids ijyefjLthv 9ju 6 TroXefiapxos. The time is defined by the words that follow : ^ret 5^ fxera TaOra dwdeKarcp viK-qaavTes ttjv iv MapadLovL iJ.ixnv ^iri ^aLviinrov dpxovros. So at Marathon the Polemarch was commander-in-chief, Hdt. 6, 109 ff. See Lugebil in the 5th Suppl. vol. of the Jahrb. f. cl. Phil., 585 ff. ^ Arist. 22, 5, euOds 5^ ry varepov ^ret etrl TeXeaivov ApxafTos iKvdpcevcrav roi/s ivvia dpxovras Karh (f>vXa$ iK tQv irpoKpidivTiav virb tQv d-qixorOiv irevTaKoa-iiov rbre fiera Tr]v rvpavvida irpuiTov' oi bk wpdrepot iravres 9jaau aiperoL For the Solonian mode of selection by lot see p. 136. The drawing of the 9 Archons by tribes would proceed as in later times (Arist. 55, 5) — their secretary made up the necessary number IQ^ The candidates were nominated from the two highest classes, Arist. 26, 2. The statement in Hdt. 6, 109 that Callima- chos, Polemarch in 490, and that of Demetrios of Phaleron on Plut., Arist., 1, that Aristides, Archon 489, were chosen by lot, are thus cleared up. Idomeneus ap. Plut., ibid., maintained that Aristides was elected. Cf. Lugebil, ibid., 585 and 659 &. Plut., Arist., 22 (Aristides) ypdcpet yprjcpiafia Koivr]P elvai rriv iroXirelav Kai roi/s dpxovras i^ ^Adrjvaiuv irdvTwv aipeiadaL cannot 153 Gilbert 1. 146.] Athens, [Gilbert II. 170-1. The gradual development of the constitution in a democratic direction received a check from the circumstance that in the dangers of the second Persian War the council of the Areopagus^ Areopagus alone showed itself equal to the situation. The consequence was that the supreme power in the State was transferrred de facto ^ but without any special resolution to that effect, to the Areopagus. The foundation and establish- ing of the first Athenian League was carried out under the Areopagus' guidance.^ The Athenian Demos, whose self-reliance was considerably raised by the happy issue of the Persian war, submitted to the usurped powers of the Areopas^us by no means without resist- Its over- ^ ,^^.,- ^, ^ IT/. i„ . „ . tlirow. ance. btiil that body lor 17 years practically main- tained its position. It was in the year 462 that this usurpation of the Council of the Areopagus was brought to a close by a resolution of the people ; and apparently other limitations of their powers followed in the next years.^ It would be a hopeless be correct as it stands. The lot as a democratic institution was adopted pretty extensively in ancient times. Hdt. 3, 80. Plat., Laws, 6, 757. Arist. in various passages collected by Lugebil, ihid., 571 A, 53. Grote, vol. 3, p. 361, also regards it as a democratic measure. Perrot, le droit ptihlic d'Athenes, 56, 1. ^ Arist. 41, 2 makes his sixth fiera^oXr] ttjs TroXtret'as ij fiera to, MT/St/fd, t^s i^ 'Apeiov Trdyov ^ovXtjs einaTaToicrris. Cf. Arist. 23, 1. rbre [xkv odv jJ-^XP'- fovrov vporfKOev i] ttSXls dfia ry dijfiOKpaTiq, Kara ixiKphv ai/^avopiipri' fiera 8^ to, MtiSikcl trdXiv fcrxucrev i] iv 'Apeiip irdycp ^ovXr] Kal 5i^/cet ttjv ttoXlv, ovdevl hbyp.a.TL Xa^odaa TT]v 7]ye/jLoviav, dXXd did t6 yevicrdai rijs irepi ItaXapuva vavp.ax^o-^ airia. tojv yap arpaTTfyijv i^airopTjadvTiov rots irpdyfxacn Kal Krjpv^dvTiov aip^eiv 'iKaarov eavrSv, iropiffaaa dpaxp-ds iKdarip 6/crdj 8i^5wk€ Kal eve^l^acev els ras vavs. did radTTjv di) TT]v aiTcav irapex^povv avTrjs r^; d^nb/xarL, Kal eTroXiTeidT^cav 'AdrjvaloL /caXws Kal Kara to6tovs toi>s Kaipo6s. avv^^-q yap avrols -nrepl rbv XP^^^^ tovtov rd re ei j irbXepiov daKTjaaL Kal irapd To'i$''EXXr}aiv evdoKLfjLrjaaL Kal Trjv rrjs daXdrrrji ijyep.oi'iav Xa^eiv, dKopTOJv tCov AaKedaifMoviuv. See also Arist., PoZ., 8(5) 4= p. 201, 5. Plut., Them., 10. Cic, de Off., 1, 22, 75. On the establishment of the first Athenian League, see Arist. 23, 24. ^ Arist. 25, 1 says, ^ttj dk iirTaKaideKa fidXiara fierd rd MTjSLKa Si^/xeivef 17 TToXtreta TrpoeaTdbruv tQv ' ApeoTray LTi2u Kaiirep virocpepofievr] Kara pLiKpbv. With this Arist., Pol., 8 (5) 4=p. 201, 5 ff., very well agrees : olov ij ev 'Apeiip irdyip ^ovXr) evdoKLfx-fjaacra ev to?s MtjSikois ^do^e avvTovuiripav iroiijaaL T7)V TroXtret'av, Kal TrdXiv 6 vavTiKos 6xXos yevb/xevos atrios rrjs irepl 'ZaXafuva vlktjs Kal 5cd TavTTjs ttJs rjye/j.oviai did tt)v Kara ddXarrav 8vvap.LV ttjv 8rip.0KpaTiav lax^'P^T^P^'-^ iTrolijaev. See Peter Meyer, des Arist. Pol. u. d. 'Ad. voX., 55 ff. Arist. 41, 2 describes the curtailment of the Areopagus' powers in these words : €^S6p.T] Si rj pierd TavTTjv (sc. /x.era/SoX'^), f/v ^Apia-reiSris p>ev vn^Sei^ev, 'E^idXTTys 5^ iirer^Xeaev Kara- Xvaas TT]v ' Apeowayiriv ^ovXtjv. iv y irXelcTTa avvi^rj rijv irSXiv Sid rods Sr} piayioy ovs dp-aprdveiv Sid ttjv tt]s 6aXdTTT]s dpxM' What Aristides, though indirectly, GiLBKRT 1. 146-150.] Rtde of the Areopagus. [G ilbert II. 172. task to try to determine precisely how the official powers of the Areopagus were constituted in the 17 years of its rule. The Areopagus had simply usurped its supremacy during these years, so that of course there can be no question of a constitutional limi- tation of it. The Areopagus appropriated all the powers it could. Ephialtes, according to Aristotle's testimony, restored the powers that he took from the Areopagus to the Council of 500, the Ecclesia, and the Heliast courts; therefore those powers must have been administrative and judicial. In general we may suppose that from the laws of Ephialtes, Archestratos, and Pericles dates the re- striction of the Areopagus in its judicial powers to murder-cases, the ypa(}>r] TrvpKaiaq, and the ypacjir) dcre^eia?, and in its adminis- trative activity to those functions which it still exercised at Athens in the 2nd half of the 5th and the 4th century.^ The supposition that the new office of the vo/xoc^AaKc? was established to discharge certain isolated duties taken from the Areopagus by Ephialtes, is not adequately proved nor does such an institution appear to be in harmony with the tendency of contemporary constitutional development.^ contributed to the restriction of the Areopagus' powers, is shown by Arist. 24, 3, KaT^arrjcrav d^ Kal toIs iroXKoTs eviropiav TpouXaKes are not earlier than the age of ^55 Gilbert I. 146-150.] Athens. [Gilbert II. 173. In the period of the Areopagus' supremacy, and the age follow- ing thereupon falls the time of Athens' development into a great Athens as a power. This was accompanied by a marvellous change Great Power. ^^^ development in political life. To fulfil all those duties which their position at the head of the league laid upon the Athenians, it was necessary for all the people to take their share in the political business of the State. It was simply impos- sible to escape this necessity unless they were willing to resign their leading position within the league. This is shown by one characteristic circumstance. The way for this development was prepared by Aristides, under the aristocratic guidance of the Areo- pagus ; and one is inclined to attribute conservative tendencies to this statesman rather than democratic. After the powers of the Areopagus were curtailed, this expansion proceeded with an accele- rated rapidity. The inhabitants of Attica migrated more and more to Athens, where they found employment and maintenance in military and political duties. More than 20,000 men found em- ployment and support in the service of the State, either as soldiers, jurymen, bouleutai, or magistrates. The State, as indeed under the existing conditions it was forced to do, made heavy demands upon the services of its citizens: and it could do so only by the employment of an extensive system of salaries. It is in this period of the foundation and expansion of the Athenian League that the /u,to-^o9 oTTpaTtwTi/cos, I3ov\€vtik6bpa KariaTrjae U.epiK\rjs. Arist. 27, 3 says : eiroirjo-e d^ Kai fiicr6o(f>6pa tcl diKaarripca UepLKXrjs Trpujros, duTi5T]iJi.ay(»}yLov irpbs rrjv Ki/awj/os eviropiav. 27, 4, 67ret rots I'Stots ^/rraro (sc. HepLKKris), di.86vai Tols TToXXois ra avrcov, KareaKeijaae ixiadocpopav tols diKaaTripioLs, acp'' S)V airiuvTai rives xe^/ow yeveadai, KXripovp-ivuiu iwi/xeXiis del /molWov tuov tvxovtojv, fj TU)v iTTieLKLou dvdpooTTwv. Accordlug to Arist. 24, 3, the dpxai hb-qixoL required 700 men yearly, besides the dpxoX vTrepopioi. There were 6000 Si/caarat, Arist. 24, 3. Arist. 26, 1 says of the time after the overthrow of the Areopagus, fierd Sk ravra avv^^aivev dvieedai fiSXKov ttjv TrokiTelav 5td rot's irpodrj/xus drjfiayci}- yovvras. 26, 2, rd fiev odv SXKa iravra biuiKovv ou% b/xoiios Kal irpoTepov tols v6fj.ois TrpocT^X^^^^^' ^ Arist., 26, 2 : ttJi' dk twp evvia dpxbvTwv at peer lv o6k eKlvovv, dXX' [rj] eKxtp ^rei fierd rbv "'lEtcpLaXrov Odvarov 'iyvwcrav Kal e'/c ^evyirCiiv irpOKplveadai rojys KXrjpojaofxevovs TU3U evvea dpxbvTOJu^ Kal irpcaros ^p^ev i^ avTU)V l^vrjaideibrjs. ol 5e irpb tovtov irdvTes e'l linreijiv Kal irevTaKO(non,ebifivij}v ijcrav, ol ^5e^ ^evyirai rds iyKVKXiovs ■^pxov, ei fx^i Ti irapeojpdTo tlov ev rots vb/moLS. Plut., Arist., 22, can hardly be right, as the words stand, when he says of Aristides, ypdia-/uLa KOLvrjv elvai T-qv ttoXi- reiav Kal rovs dpxovras e| ^Adrivaiuu irdvTWv alpe?cr6ai. Cf. Arist. 7, 4, 5ib Kal vvv iTreiddv ^prjTac rbv fxeXXovra KXiqpovadaL tlv dpxw> T^oiov riXos reXei, ou5' dv els etiroi d-qTLKbv. But in the 4th century at all events the Thetes do not appear to have been excluded by law from the archonship, although perhaps on account of the expenses incident thereto they refrained from standing fur it. See Lys. 24, 13, (Dem.) 59, 72. 2 Arist., 26, 3 : ^ret bk iriixirTi^ fxerd ravra eirl AvaiKpdrovs dpxovros oi rpiaKovra biKacrral Kariarrjcrau irdXiv, oi KaXov/jt,evot Kard 5-qixovs. On their functions see Arist. 53. On the object of Pisistratus' introduction of them, Arist. 16, 5. 157 Gilbert I. 151.] Athens. [Gilbkrt IT. 175-6. attraction which Athenian citizenship must have had for the mem- New Fran- ^®^s of the Confederacy of which Athens was the chise Law. mistress. In the year 451, therefore, on the motion of Pericles, it was resolved that from that time forth no one should be an Athenian citizen who was not of citizen parentage on both sides.^ The foundation and development of the Athenian Confederac}'- had prepared the way for a larger and larger participation by the The Pelo- ®^^^^® people in political life. This was rendered com- ponnesiau plete by the Peloponnesian War, when the whole population of Attica was shut up for years in Athens, and gained a yet more absolute control over the government and direction of the State.^ The oligarchic interregna of the 400, and of the 30, which the Peloponnesian War brought in its train, were of too short dura- tion to deserve a place in this brief review of the development of the Athenian constitution. ^ The last alteration which the Athenian constitution underwent during the period of independence dates from the year of ^ Arist. 26, 4 : koX Tpirif fier^ avrbv iirl ^Avridorov 8ia rb irXijOos tcov ttoXltQjv IlepiKXeovs eiirovTos ^yvwaav fXT] jxer^x^'-^ "^V^ TroXews, 6s hv /xtj i^ d/.i(poiy aaToiv y 76701/165. Cf. Plut., Per., 37; ^lian, Var. Hid., 6,10; 13,24. Said. drffMo- iroirjTos. This settles the discussions of Duncker in the Ber. der Berl. Ak. 1883, 935 'S.=A'bh. z. griech. Gesch., 124 if., and of Zimmermann, de nothorum Athenis condicione, p. 32 ff., Berlin, 1886. In 445/4 on occasion of a dis- tribution of corn from Amyrtaios (Duncker, ibid., 132 ff.) there was a great ^evrfKaaia of about 5000 persons at Athens (Plut., Per., 37, Philoch.,/r. 90 in Muller,/r. hist, gr., 1, 398/9). The doubts which H. Schenkl in the Wiener Stud., 2, 170 ff., and 1883, pp. 4/5, 25 ff., has raised upon this point, I regard as unjustified. Cf. Wachsmuth in the Wiener Stud., 1885, 159/60 ; he has been answered by Schenkl, ibid., 337 ff. The means of deciding in such cases seems to me to have more probably been the Siai/'Ty^tcrts than the 7pa07] ^evias, for which Philippi, Beitr., 34 ff., and Duncker, ibid., 944 ff., have pronounced. Cf. Lipsius on Meier and Schomann, de att. Proc.,'^ 439, N. 704. ^ Arist. 27, 2: h (^ (r^ tt/jo? l\e\oTrovvr}(x'Lovs woXi^cf) KajaKKirjadeU b drjfios ev ry dcrrei koL avvedLadeU kv rois a-Tparelais fxi-adotpopeiv, to, /Mtv eKiJjv, rd 5^ &ku}v vpor/pelro ttjv TroXiTeiav ^LOiKetv airos. ^ Arist. 41, 2 reckons the establishment of the 400 as the eighth change in the constitution, as the ninth the restoration of the democracy, and as the tenth the rule of the 30. Arist. 29-40 describes the history and con- stitution of the 400 and the 30 at great length. What was previously known on the subject from other sources has been collected, as far as the rule of the 400 is concerned, in my Beitr. z. innern Gesch. Athens, 300 ff., for that of the 30 by Scheibe, die oligarch. Uniwdlzung zu Ath. am Ende des pelop Krieges. 158 Gilbert I. 151-3.] 450-3OO B.C. [Gilbkut II. 176-7. Eiicleides' archonship. This new constitution, showing a strong democratic tendency, continued essentially unchanged ^^ej-ations until the destruction of Athenian political independ- under ence, although, it is true, some reforms were introduced in the course of the 4th century. The antiquarian section will have to deal with the details of this constitution.^ 3. Internal History of Athens after 322, and Survey of THE Athenian Constitution under Roman Rule. The Athenians took part in the Lamian War, and this in 322 led to the destruction of their independence. They were compelled to receive a Macedonian garrison in the harbour- fortress of Munychia, and all Athenians who did not possess a fortune of at least 2,000 drachmas — there were 12,000 of them — were deprived of burgess-rights.2 After Antipater's death Polysperchon restored the democratic government at Athens as elsewhere, 319 b.C.^ Its duration however was but short. Nicanor kept possession of Munychia and the Piraeus in the interest of Cassandros, and the Athenians thereby found themselves compelled in 318 to make peace with the latter by agreeing that Cassandros should remain in possession of Munychia, and that the franchise should be restricted to those who were assessed as possessing at least 1,000 drachmas. Finally, in compliance again with a demand of Cassandros, Demetrios of Phaleron was made administrator of the State ^ ^ Arist. 41, 2: iudeKdr-rj 5' i] /xera ti]v airb ^vXijs Koi kK Heipat^ws Kadodou, d(p tJj diayeyivTjTaL ixexpi- rrjs vOv del TrpoaeiriKafx^dvovaa T(p irX-qdei ttjv i^ovcriay. dirdvTiav yap avrbs avTov Treiro'iTjKev 6 SrjiMos Kijpiov Kal Trdvra SioiKe^raL yprjcpia'fiacnv Koi diKaaTr]pioLS, h oX% 6 5J}fios ecrriv 6 KparQiv. Kal yap at rijs ^ovXrjs KplcreL^ els rbv drjfxou eKrfKidacnv. Kal tovto doKoucn iroLeZv dp9u)s' evbiacpdopihrepoL yap <(oI^ oXlyoi. Twv iroWQjv eiaiv Kal K^pdei. Kal xdpi.(ri.p. According to Cauer, Hat Arid. d. Sckrift V. Staafe d. Ath. geschriehen ? p. 47 if., this passage in some marvellous man- ner furnishes the main proof of the spuriousness of the ^Adrjuaioiu TroXtreta. A satisfactory refutation of this view has been given by Peter Meyer, des Arist. Polit. u. d. ^Ad. ttoX., 59 fF., Niemeyer in the Jahrb. f. d. Phil., 1891, 410 ff., and Crusius in Phil., 1891, 174 fF. 2 Cf. Diod. 18, 18., Plut., Pholc, 28. Schwarz, die DemoJcratie von Athen, 532 ff. Spangenberg, de Athenienaium puhlicis instittUis aetate Macedonum comnmtatis, 2 fF., Halle, 1884. 2 Decree of general freedom in Hellas, cf. Diod. 18, 56. For the re- establishment of the democracy in Athens cf. Plut., PhoJc., 32. Droysen, Gesch. d. Hell., 2, 1, 214 (197) ff. Schwarz, ih., 537 fF. * Cf. Diod. 18, 74. The 1,000 drachmas mean probably not the entire Gilbert I. 153-4.] Athens. [Gilbert II. 177-8. What powers he had in that capacity cannot be determined with certainty; he held at the same time various special offices. He seems to have left the democracy unimpaired, at any rate so far as outward form went ; and the prosperity and population of the country increased under his rule.^ A new institution of his was the office of the vofxoc}ivXaKe<;, whose chief duties were to see that the magistrates observed the laws, and to prevent the vote of the Ecclesia being taken if an illegal or harmful decree was about to be passed." Another was the office of the ywaiKovo/xot, who exercised a sort of censorship of morals.^ In 307 Demetrios, the son of Antigonos, expelled Demetrios of property, but merely the Tlfiyjixa. See Bergk in the Jahrh. f. cl. Phil., vol. 65, 398. In Diod. Demetrios is styled eTTi/xeXTjrTjs rrjs TroXews. But in the honorary decree of the Demos Aixonai to Demetrios Kohler reads Kal ffi^LTOV eiaif/ayev tols ^A)drjvaioi,s Kal rel Xw(/3a koI einaT6.T7)s or Trpo03va 8k TCi dLKaa-T^pia Kal T-qv dedv x/w/o'A'O'S KaducXLCxjfx^vrjv ttOkv' a4>ripr]fj.hrjv rod d-^fiov. Ahrens 24 ff., Hertzberg, Gesch. Griechenl. unter der Herrsch. der Homer, 1, p. 308 (288) ff, and Wachsmuth 1, 650/1 all suppose that a constitutional change of that kind took place about 146 b.c. For the political restrictions of Athens under the empire see Neubauer 10 ff. 162 Gilbert 1. 15G.] AtJuns under the Romans. [Gilbert II. 180-1. The purity of the burgess body was so little valued at Athens in this period that the franchise was offered for sale, surgess- until Augustus prohibited the practice.^ Under the rights. E-oman supremacy as before the magistrates seem to have been appointed some by election some by lot.^ Magistrates. The collegium of Strategoi of equal power remained in existence apparently till the year of the battle of Pharsalia, 48 B.C. At that date the orrpaTwvos cVt to, oTrAa, otherwise called err. , f-TTi Tovs birXlras is first mentioned in C.I.A., II. 481, drawn up bet. 52-42 b.c. Kohler in his note on the inscr. con- jectures that this innovation dates from Caesar and the battle of Pharsalia. This (TTpaTrjyos, called sometimes iirl to, 8ir\a, sometimes iirl rods oTrXtras, sometimes simply 6 a-rpaTrjybs (so on his theatre-seat (XTpaTrjyov, C.I.A., III. 248, cf. 10, 38, 651), occurs throughout the whole imperial age. In C.I.A., II., 481, in which the s oTrXi'ras first appears, we still find mention of o-TpaTrjyoL in line 52. But we cannot from this infer, as Neu- bauer 43 fi"., and Hauvette-Besnault, les strateges Atheniens, 175, Paris, 1885, do, that other Strategoi still existed, for these (TTpaTTjyol do not belong to the same year as the arpaTtiybs iirl rods owXiTas Mnaseas, but to the year before. But in a list of Prytaneis, dating from 90-100 a.d., a ffTpaTrjybs still occurs by the side of the or. ixl rk 6ir\a. Cf. C.I. A., III. 1020. 163 Gilbert I. 157-5.] Athens. [Gilbert 11. 181-2. Archon, and so repeatedly throughout the principate.^ According to Hadrian's decree concerning the exportation of oil the Strategos possessed the power of convening the Boule and the Ecclesia.^ According to our literary authorities he stood at the head of the Athenian State, took charge of the corn trade and corn supply, and supervised the training of the Epheboi.^ The collegium of the 9 Archons, who were all together styled ^€o-/Ao^€Tat, continued in existence. The apxw'^j who as eponymous magistrate is often at this date called apx^^ cttcow/xos, was, together with the Strategos, the most important official in the State. The /Jao-tXevs, the TroXe/Aapxos, and the six O^a-fMoOiraL, though of less importance than the apx^v, nevertheless were high officials, and, like the others mentioned, possessed seats of honour in the theatre.* Other magistrates of the times of , independence who still remained in existence were the dvopavoixoi. dyopavofxoL, whose number was now diminished to two, and also the da-TwofioL.^ As in Sparta, so also at Athens, we meet * C.I.A., II. 481, and for examples from imperial times III. 63, 65, 68, 158, 457, 616. 2 C.I. A., III. 38. Compare Swobeda in N. Eh. Mus., 1890, 309/10. ' Cf. Philostrat., Vit. Soph., 1, 23, 1. irpoHaT-rj hk koL rod 'Adrjvalcov di^fiov ffTpaTTfyrjcras avToU tt]v iirl tQu SirXiov rj 5^ apxv o-vrri iraXai. KareXeyi re Kal i^rjye is TO, iroXifua, vvvl 8^ rpocpuv iinixeXetTai Kal alrov dyopSis. Cf . 2, 16 ; 2, 20, 1. Plut., Quaest. St/mp., 9, 1, 1 : 'A/xp-wpios ^M-qv-qa a-TpaT-rjyQv airoSeL^iv iXa^e Tip Atoyeviip tCjv ypafifJ-aTa Kal yewnerpiav Kal ra prjTopcKd. Kal fiovcLKTjv ixavdavbvrwv icp-^^uu. On the Strategoi, cf. Ahrens, 42 ff. * See Neubauer, 36 ff. For the lists of the 9 Archons, who are called ol (Tvvdpxovres in C.I.A., III. 710, and eeafiodirai in 716, see C.I.A., III. 1005 ff. Along with them we find mentioned in these listS' the Krjpv^ rijs i^ 'Apeiov Trdyov /3ouX^s, the Krjpv^ dpxovTos, an ai^XT/riys, and a Xeirovpyds. See 1005, 1007/8, 1013. The dating of the years ace. to the first Archon, who is not unfrequently called eTrcbwfio, (81, 130, 623, 655/6, 659, 662, 676, 1006) continues through the whole imperial age. Seat of honour at the theatre : 254. Dio Cass. 69, 16 calls his office rj fieyiarrj dpxv- The same office is meant also, I believe, in Philost., Vit. Soph., 2, 20, 1 : ^u re XeLTovpyiats, Sls fieyiaTas 'AOrjvaloi vofii^ovai, ttju t* iirdivvfiov Kal tt]v ivl tiov 6irXo}v iirerpdTrjj where Xeirovpyla seems to mean the same as dpxv^ though as a rule it meant nothing more than the vir-qpeala of the dri/Mocnoi. Cf. C.I.A., II. 404, 476, line 53. Cf. also the Xeirovpybs mentioned above and the Xeirovpybs iirl tt]v ^KidSa, C.I.A., III. 1020. Special mention of the ^aaiXe^s : III. 95, 680, 717. His chair at the theatre : 255 ; mention of the iroXeimapxos : 91, his theatre- chair 256 ; mention of the deafx-odirai : 690, their chairs, 257-60. 5 dyopavdfioL mentioned, C.I.A., III. 160, 682, 725. An dyopav6/xos dedicates (rbv) ^vybu Kal rd fiirpa : 98. 461 shows that there were only two of them : dyopavo4io{/VTUV avroO re Aiovvalov Mapaduvlov Kal Kolvtov Nat/3tou 'l^oixpov 164 Gilbert 1. 158-9.] Athens under the Romans. [Gilbert II. 183. with various imixeXyp-aL.^ Under Augustus a o-ltwvikov ra/xtctov was established, under the control of a a-iT^vti^ and of Ttt/Atat Tuiv (TLTwvLKwv, Jdadrian s decree concerning oil exportation established cXcwvat also.^ The Ta/xiias Twi/ 7/Aa, an dvTiypa(f)ev<;, a Kyjpv$ fiovXrj<; kol Srjfiov^ and a viroypap.- jxaTivs; all these belonged to the dio-trot. The rafxtas TrjvX^s, i.e., ruv irpvrdveoiv, 648, 1019, 1023, 1057. iiribuvfios, 1030, 1032, 1037, 1040, 1047, 1049, 1053, 1054-58, 1062, 1065, 1075. lepeCs eiro}p{6/j,ov), 1051. Mention of Trpdedpoi, 2, 10. i66 Gilbert 1. 160 1.] Athens under the Ro7nans. [Gilbert II. 185-6. Another governing body was yj ii 'Apetov Trdyov jSovXrJ, which at that date was certainly not recruited in the same way as in old days. In earlier times the State was represented by Council and public assembly ; now it was represented by the Areopagus, the Council, and the public assembly. These three together drew up decrees and dedicated votive offerings. Written communications to the State from foreign powers were addressed to all three. Cases, however, occur where a dedication is made by the Areo- pagus and Demos only, or decrees are drawn up by the Boule and Demos.^ As to the special competence of the Areopagus, we can only give isolated details. The Areopagus made votive offerings on its own account and granted its permission for dedications, a right which, however, belonged to the Boule also, as we have seen.^ It also granted permission for repair of houses, and supervised education.^ The Areopagus exercised judicial as well as adminis- trative functions.* In the first place it was still the tribunal for cases of homicide.^ Our other information as to its judicial activity is limited to two cases. In a decree, dating before the Christian 1 Cic, de Deor. Nat., 2, 29, 74 : si quis dicat Atheniensium rempu"blicam consilio regi, desit illud Areopagi. — Plut., Per., 9, describes the Solonian method of appointing Areopagites as an institution of the bygone past. Decree of the Areopagus, Boule, and Demos, C.I.A., III. 10. Dedications by all three, III. 454, 457/8, 461/2, 464, 556, 578, 604, 618, 642/3/4, 706. Letters addressed to the three, III. 31, 40/1. Dedications by Areopagus and Demos, III. 452/3, 558, 566. Decree of Boule and Demos, III. 2. On the Areopagus at this date see Ahrens., 34 ff. ; Philippi, d. Areop. u. d. Eph., 309 if. ; Neubauer, 14 if. 2 Dedications by the Areopagus, C.I. A., III. 546, 567. The permission of the Areopagus for the dedication of votive offerings is stated in the in- scriptions in various formulae. Kara ra do^avra ry i^ 'Apeiov -rrdyov ^ovXy or the like : III. 703, 687, 714, 675a, 775a, 830a. ^7](f,iaa/jLhris r-fjs i^' Apeiov irdyov ^ovXrjs, III. 751 •, Kara rb eTrepwrTj/^a rrji i^ 'Apeiov irdyov ^ovXrjs, III. 732, 965 a,b, c. Kad' virop.v7)p.aTi(rixbv ttjs i^' Apeiov irdyov jSouX-^s or similar phrase, III. 843, 806, 938, 772b, 832a. The dedicator had to ask the consent of the Areopagus : see III. 704, 710, 735, 746, 774a. Occasionally the Areopagus and Boule give their joint sanction, III. 639, 707, or the Areopagus, Boule, and Demos, III. 716. 3 Eepair of houses : Cic, ad Fam., 13, 1 ; ad AtL, 5, 11. The Areopagus gave permission to the Peripatetic Cratippus to teach in Athens : Plut. , Cic, 24. . * Lucian, Bis Accusal., 4, 12, 14; Vitar. Aud., 7, represents the Areopagus as the centre of the Athenian judicial system generally. 5 This follows from Pans. 1. 28, 5, though I agree with Philippi, p. 314/5, that no special weight should be assigned to the anecdotes in iElian, Var. Hist., 5, 18, Quint. 5, 9, 13, and Gell. 12, 7. 167 Gilbert 1. 161-2.] Athens. [Gilbert II. 186-7. era, and treating of the introduction and use of new standards of weight and measure, the Areopagus is empowered to punish the transgressor of the regulations, Kara rows Irci tcoj/ KaKovpymv ku/xcvovs voixovs. The other case is from the beginning of the first century A.D. : the Areopagus condemned a man for forgery, but the par- ticular details are not recorded.^ The office of K7jpv$ tyjs i$ 'Apciov Trdyov ySovX'^s was held in high honour ; we may regard him as the chairman of the Areopagus.^ No certain information can be given concerning the adminis- tration of justice apart from the cases which belonged to the Areopagus. Hadrian's decree on oil exportation pro- vides that the transgressor of its provisions shall be condemned by the Boule if the amount in question does not ex- ceed 50 amphorai, if it be greater by the Ecclesia. In the latter case appeal was permitted to the emperor or to the governor of the province, and the people were to appoint o-vvBikol to represent the interests of the State if appeal were made.^ Yet there seem still to have been other permanent courts of justice besides the Areopagus. Eor there are mentioned in the inscriptions four annual iTnfxeXrp-al 8t/cacrr)7ptW with two ypa/A/xarct?, who must have been presidents of such courts.^ The Demos was of little importance after 48 B.C. It is true . that the Athenian populace still assembled in the theatre to draw up decrees, still elected Strategoi in the Pnyx, and, indeed, had a certain judicial competence under * C.I.A., II. 47C, line 59/6a Tac, Ann., 2, bo, where it is said of Cn. Piso: offensus urbi propria quoqxie ira, quia Theophilum quendam Areo iudicio falsi damnatum'precibus sviis non concederent. 2 See Kohler on C.I. A., II. 481. He and the crTpaTijybs together ar- ranged for the proclamation of the victors' wreaths. Not to mention religious officials, he is mentioned along with the &px<^ eiruvvjuLos and the CTpa-nr/Ss: III. 10. 721, and with the /xa Kaddirep fjy av vvv 'Adrjvrjai fieraxeipi^V rijs i^ 'Apeiov vdyov ^ovKtjs eiriaTaaiav. 3 C.I.A., III. 38. * Cic, pro Balbo, 12, 30, draws a distinction bet. indices and Areopagitse. For iTn/j.€X7]Tai bLKaar-qpiw see C.I.A., III. 1017, 1018. i68 Gilbert I. 162.] Athens under the Romans. [Gilbert II. 187. Hadrian ; but they no longer possessed the influence which they enjoyed in the period of fully developed democracy.^ ^ For the date of the restriction of the Demos see Kohler on C.I.A., 11. 481. Ecclesia in the theatre in the Psephisma in Joseph., Ant. Jud.^ 14, 8, 5. The Demos-decrees of this period are mostly honorary decrees : C.I.A., II. 490 ; III. 1, 2, 3. Decree concerning th^ disputes of the Lemnian Cleruchs, II. 488. Decree on the Epheboi sharing in the Eleusinian festival, 5, 6. Decree for a festival to celebrate the appointment of Getas as joint emperor, 209 a.d., 10. Election of a-TpaTTjybs at the Pnyx : Hesych. IXi/iJ^. The Ecclesia as court of justice, C. I. A., III. 38. See also Neubauer 21 ff. 169 II. ANTIQUITIES. 1. The Elements of the Population. A. The Slaves} The number of the slave population in Attica cannot be stated with precision, but can scarcely have ever amounted to much Number and niore than 100,000.2 These were naturally divided Origin. ^^ ^^^^ various proportions among the different house- holders. For quite apart from the difference in wealth between the various slave-owners, a difference which determined the number of slaves in each household, the number of a citizen's slaves at any moment depended also on the question whether the slaves were kept simply for household service, or whether the owner had invested part of his fortune in purchasing and keeping slaves for the prosecution of manufacture or mining, or to get a profit from their strength and skill by letting out their services on hire to f others.^ There were but few slaves born from slave-parents in Attica; the demand for fresh slaves was supplied mainly by importation from barbarian lands ; we are told that the chief supply came from Lydia, Phrj^gia, Paphlagonia, Syria, and the countries of the Black Sea. In private households the slaves ^ On the slaves in general see Biichsenschiitz, Besitz. u. Erwerh. im griech. Alterth., 104 ff. 2 Ace. to Ctesikles ap. Ath. 6, 272b, there were 400,000 slaves in Attica when Demetrios of Phaleron was ruler. The impossibility of the truth of this statement is proved by Beloch, die Bevdlker. d. griech.-rdm. Welt, 87 if. 1886. Ace. to Thuc. 7, 27, 20,000 slaves even were a very considerable number. 3 Cf. Dem. 27, 9. Lys. 12, 19. Slaves hired out to employers in the mines : Xen., de VecL, 4, 14, 15. Lex. Seguer. 212, 12 : ^AvuKeiov ^loaKoCpuiv lepbv, o5 vvv ol /xuT6oo}v lepSu. Kai evravda d^ ol OLKiraL ^(pevyov. Similarly Suid. Qr](Te?ou. The Q-rjcretov alone is mentioned as the asylum by Phot., Hesych., Et. M., Lex. Seguer. 264, 21. Cf. also Plut., Thes., 36. Diod. 4, 62. Teles ap. Stob. Flor. 567 speaks in quite general terms: wa-rrep oIk^ttjs irpbt Ki'piov icp' iepbu Kadiaas SiKaioXoyelTai' tI fioi wdx?75 f^V ''"* ""o^ /c^/c\o0a ; ov wav rb TrpocTTaTTbixevov virb trod TTotcJ *, oi ttjv a-jrocpopav evraKTUs pls masters a fixed sum annually. Such slaves were able o^kovvtcs. to amass a respectable fortune in course of time, and these are obviously the slaves referred to, when complaints are made of the luxurious and sumptuous life of slaves at Athens.^ Sometimes, also, several slaves worked together in a workshop or factory under a foreman or overseer, himself also a slave, paid their master the stipulated amount, and then shared between them- selves any surplus profits.^ The State employed slaves in various public services. For in- stance, the Athenian police force was composed entirely of slaves. Thev were called bowmen because armed with bows, „^ ^ , *^ - State slaves. Scythians from the country whence they were ob- tained, or Speusinii from the name of the founder of the force. These Skythai, who were encamped in tents in earlier days in the market-place, but afterwards on the Areopagus, were em- ployed to keep order in the public assembly, in the courts of justice, in the open spaces of the city, and when public works or functions Vere proceeding.^ The magistrates employed them in * Cf. Lex. Seguer. 316, 11 : x^P^'^ olKowrer ol a-n-eXeiidepoi, iirel X'^P'-^ olKovfft Tcov direXevdepua-dvTcaf i) dovXoi X^pts olKovvrei tQv deairoTiav. 2 (Xen.) de Rep. Atk., 1, 10 ff. Teles ap. Stob. Flor. 95, 21 : olKirai ol TvxovTes avTods rpicpovai Kal fiiadbv reXodcn toIs KvpioLS. These are the avdpaTroda fiLados ttjs (TKVTOTOfiiKTJi rexv)^ ivv^H, rj SiKa, Siv ^Kafxros to{>t(j3 5v d^oXods dirocpopdv icpepe t^s i]p,4pas, 6 8' r]ye/j.Ci}v rod ipyaaTTjpiov rpuL^oXov. 4 For these see Boeckh 1, 290 (206) sqq ; Poll. 8, 131/2: ol iihroi irpb t^v SiKa(rrr]piu}v koI twv dXXoju crvvodiav SrjfjLoaiov vrrrip^Tai, ols iiriraTTov dveipyeiv roi>s aKoaixovvTas koI Toi>s & fir] del Xlyovra^ i^aipeiv Kal 'SiKijOai cKaXovPTO Kal ro^drai Kal XirevcTivLOi. dyrb tov irpdiTov avvrd^avros rrjv irepl aOroiis inrrjpeaiav. Schol. Aristoph. Ach., 54: eial 8^ ol To^orat 5r)fi6(noL viryjp^rai, (pOXaKes tov dv kolvCov Tbirwv Kal ^pycav. In an inscr. about 440 B.C. there are specified as sentinels on the acropolis : (f>ijXaKai Sk {el)pat rpeit p,h To^6{T)as €k ttjs (pvXijs rrjs {Tr)pvTav€voi:>(Tvs : Bull. 14, 77=Apx. SeXr. 1889, 254=C.LA., IV. 3, 26a. I consider these ro^brai as ro^brai dariKol, not as Wernicke in Herm. 26, 51, Skythai. Classification of the former by Phylai is attested e.g. by C.I. A., 173 Gilbert I. 167.] Athens. [Gilbert II. 192-3. personal services connected with their spheres of office. ^ The formation of this corps of bowmen dates from the time of Pericles' expedition to the Pontos, on which occasion, probably, the first 300 were bought. The nnmber was afterwards increased to 1,200.^ Whether the executioners, torturers, and similar officers were taken from among these Sky thai or not, must remain undecided. At all events, the duties of these people also were performed by slaves.^ It was customary, too, to employ slaves skilled in writing and reckoning as clerks and accountants in the financial depart- ments, because slaves could be put to the torture if necessary.* The State possessed no slave for mere manual labour except those employed in the mint.^ Slaves were employed as oarsmen in the fleet only in exceptional cases, e.g, in the sea fight at Arginusae.® A slave could obtain his freedom by decree of the people, or by the voluntary permission of his master, or by purchasing his free- Emancipa- dom himself. The State granted emancipation to the *^°^ slaves by decree of the people, apart from wholesale grants of freedom for service in war, to those slaves who had given information of offences against the State. In this case the I. 79, but for the latter it is not at all probable. Nor can I identify the Skythai with the linroTo^oTai. Foucart in the Bull., ih., supposes that a few- words have been lost after To^6(T)as. 1 The Prytaneis have archers in attendance upon them (Arist., Ach., 54 ; Thesm., 940, 1002 sqq.) ; so have the Probouloi who represented them (Arist., Lysistr., 441 sqq.). Such attendants must have been specially numerous in the case of police officials such as the Astynomoi and Agoranomoi. 2 So we find in Andok., Fax, 5 and 7. -(Esch., de Fals. Leg., 173/4. See Boeckh, 1, 292 (208). Scheibe in Phil. 3, 542 if. makes the words eripov^ ToaovTovs found in both passages, refer to the 300 first bought, and accord- ingly makes 600 the maximum number ever reached, but he is refuted by Funkhaenel in the Zeitschr.f. A.-W., 1856, p. 41 ff. The number 1000 given by the Schol. Arist., Ach., 54 = Suid. ro^drai, is of no weight against these statements of the orators. Duncker was the first to make the plausible conjecture that Pericles bought the first 300 Skythai on his expedition to Pontos, which he puts in 444 b.c. Duncker, Abhandl. z. griech. Gesch., (158), 147. 8 Poll. 8, 71 ; Harp. Et. M., d-nfioKoivos. Lex. Seguer. 236, 8. Buchsen- schtitz, ib., 164, 5. * For authorities see the section on financial administration. ^ Andok. in the Schol. on Arist., Vesp., 1007, irepl 'Tirep^6\ov Xiyetv oX(tx^v- OfiaL' oS 6 fikv irarrip iaTLy/xiuos ^tc Kal vvv kv t^ apr^vpoKoirdi^ dovXeOei t^ Sr)fji.os x^^M oIkovvtus. See Biichsenschtitz in N. Rh. Jhrb. f. cl. Phil., Bd. 95, 20 ff. 174 Gilbert I. 168-9.] Emancipation of Slaves. [Gilbert II. 193-4. State paid compensation to the owner for the value of the slave, if the slave belonged to a private person.* In the same way, if a slave rendered signal service to his master, he might be emanci- pated by the voluntary act of his owner. We have no definite information about the forms by which a slave could purchase his own freedom, and it must therefore be left undecided whether the owner was bound to set his slave free whenever the latter paid the amount for which he was purchased, or an amount previously agreed upon, or whether in this case also the emancipation depended upon the will and pleasure of the owner.^ Nor do we know upon what formalities the legal validity of the emancipation depended. We hear of emancipations taking place before a court of justice, and also in the theatre.^ The freedman * obtained, roughly speaking, to the same rights, and became subject to the same obligations, as the Metoicoi. He was bound to render certain services to his former master The Freed- even after his emancipation, but what these were we do "^®^- not know, except that he was obliged to choose his emancipator as Trpoo-TttTiys. If he neglected to do this, his former master was en- titled to proceed against him by a Kk-t] diroa-Taaiov, in which case an adverse verdict made the freedman once more the slave of his emancipator ; if, on the other hand, the freedman won his case, he was released from all obligations towards his former owner.^ ^ Lys. 7, 16, e5 yap hv elSelrjv, 8ti, iir eKeivois (sc. rots SovXois) 9jv koL ifxi rifio}pridepos virb rrjs TrdXecos opdQs yiyvoir'' div aTrodido^cnjs r^J Sea-irorri ttjv TLfx-qv. On the slave's right to firivvaLS see Guggenheim, die Bedeut. d. Fdier. im ait. Proc, 5 if. 2 Dio Chrysost. 15, 453 R, 241 M, gives no definite information to decide this question. A case of purchase of freedom in (Dem.) 59, 29-30. ^ Is. virkp 'Evfiddovs, fr. 15, 3, etStbs dcpei/xivov ev ti^ 8iKaa-T7]pi({} virb 'ETTiy^j'oi's. Emancipation in the theatre, -^sch., in Ctes., 41. 4 The freedman was styled air eXeijd epos or i^eXejjdepos. Cf. Harp, in Din- dorf's Oxford ed., praef. VII., direXe^depor 6 doOXos &v, elra diroXvOels rrjs dovXeias, cos Kal trap' Klax^^V- e^eXe^depos 5^ 6 8id riva alHav SoOXos yeyovdjs, elra CLTroXvdds. Icri 5' ore Kal ov dia(avTaL TrpotrrdTrjv Kal S. KeXeiovaiv ol vbixoi fii] iroiuo'iv. Kal Toi>s p^kv dXbvras 8eL 8oi\ov$ dvai, rods 8^ vik^- ta\wv tQ>p i^eXevdepiKuv. Kohler in Mitth. d. arch. Itist. in Ath., 3, 172 if., compares with this the fragmentary inscriptions which record dedications of cups— C.I.A., II. 768-775, 776 b. 'E0. dpx; 1889, p. 60. Ber. d. Berl. Ak., 1887, 1070, 1199 ; 1888, 251. 'Apx- deXr., 1888, 174 ; 1890, 58 fp. — in formulae such as (M)(£j'77s ^a\r}p€{t) oIkwu, yetapybs {air)ov fxeroLKUfv ttoKLttjv tlvol 'AOrjvaiuv veixeiv irpoaTdrrju. So Suid., Phot., vpoardTrjs, Acc. to Suid. vifxeiv irpoardT-qv^ aTrpoaraaiov, and Lex. Seguer. 435, 1 sq., 298, 2 sq., the fi^roiicos fjt^rd irpoffTdrov pays the fieToUiov. Harp., dxpo- crraalov eldos Slktjs Kard tQ}v irpocTTdTTjv jult] veixbvruv fieroiKcav' ypeiTO ydp ^Kaaros iavT^ Tu)v TToXiTcav rivd irpocTTrjaSfievov irepl irdvTiav rwv Idicov Kal ruv KOivwv. So Et. M., Suid., dtrpoaTaaiov. Lex. Seguer. 201, 12 ff. Besults of the dlK-q dirpoa-Taaiov : Phot., TrwXijrat, 1 Art. = Suid., irwXrjTal, Art. 2. For these trials cf. Meier and Schomann, att. Proc.,^ 388 ff. Choosing a irpoardTrjs was called rbv SeFj/a TrpoardTTiv iTriypdrJ/aadac (Aristoph., Pax, 684) or vifxeiv (Suid., pdfieiv TrpoardTrju. Harp., irpoffTdrTjs. Lex. Seguer. 298, 2 ff.). Independent appearance in court of justice is attested by Demosthenes' 56th speech, where the speaker is a ijAtoikos. See Meier and Schomann, att. Proc.^ 753/4. Cf. Herondas Mimiamb. 2, where the iropvo^oaKds, who pleads in person before a Coan court of justice, is obviously a Metoicos, cf. v. 15, 40, 92 sqq . In my opinion the evidence — especially Isocr. 8, 53 — is quite clear enough to justify us in adhering, in spite of v. Wilamowitz-Moellendorf, ib., 223 ff., to the old view that even in the 4th century every Metoicos was obliged to have a Prostates. In a decree of the people init. 4th century, the Athenians grant a person who undoubtedly was a Metoicos, besides other privileges, {irpbaoSov) elvai avrcp irphs tov troXifiapxov (Kaddirep) to(2)s dXXois irpo^epoLs : it appears from this that the irpoaoSot irp. top tt, was only allowed to the irpo^epoi, while the ordinary Metoicoi had to obtain formal introduction by their patron. C.I.A., II. 42. ' Xen., de Vect., 2, 6, and the decrees by which iyKrrjffts yrj^ Kal olKias was granted to individual Metoicoi, e.g. C.I.A., II. 41, 42, 70, 186. For this reason mortgages on houses or land were of no value to Metoicoi. Cf . Dem. 36, 6. 3 Hoplites : Thuc. 2, 13. 31 ; 4, 90. Xen., de Vect., 2, 2. In earlier times they were only employed, as a rule, for the defence of Attic territory ; in Demosthenes' day for service abroad as well. In this I agree with Thumser, ih., 62 ff., against Schenkl, ib., 196 ff". At any rate they seem from Thuc. 2, 13 to have been employed in cases where oi irpea^^jTaToi Kal oi pedjTaroL were also used. Acc. to (Xen.), de Pep. Ath., 1, 12, the Athenians needed the services of the Metoicoi 5id t6 pavriKbp. Cf. Harp., fxerolKtop. Dem. 4, 36. The Metoicoi not iTnretj : Xen., de Vect., 2, 5. 178 Gilbert I. 171-2.] Metoicoi. [Gilbert II. 198-9. Further, the Metoicoi paid an annual tax called ix€tolklov. This amounted to 12 drachmas for a man, 6 for a widow. The latter, however, ceased to pay as soon as any son of hers attained his majority and became liable on his own account for the ordinary 12 drachmas.^ It need scarcely be said tjiat the freedmen also paid the Metoikion, because by emancipation they obtained the status of Metoicoi. We also hear that they were liable to an extra tax of 3 obols, but the point cannot be certainly determined.^ Those Metoicoi who failed to pay the metoikion were brought before the Poletai, and if convicted were sold into slavery. ^ Besides this tax, paid as the price of state protection, every alien, and therefore without doubt every Metoicos, as soon as he began to trade in the market, was required to pay a r r ^r, . -T r •. [, 1 X 1 mi Market dues. tee lor the privilege of using the market place. The exact amount is not specified.* Further burdens imposed by the State on the Metoicoi were * Isaeus a^. Harp., fjt.eTOLKiov = 'Ph.ot.,sub verb.: 'Icratoj 5' ev ry /car' "EiKiraydpov Kal Arjfxo^dvovs VTroarj/xaivei, 6'rt 6 /x.^v dv7}f> Ss iruXrjTds Kal el edXua-ap eTrnrpdcrKOPTO, iat (prjai Arjfxoad^Pijs ip ry Kar 'ApiaToyeiropos = (Dem.) 25, 57 ; cf . Poll. 8, 99. * Dem. 57, 31. 34. Boeckh 1, 449 (332). Schaefer, Dem. 1 \ 124. 179 Gilbert 1. 172.] Athens. [Gilbert II. 199. , those described as XuTovpytai rwv ixctolkioVj which in- cluded the Choregia, Gymnasiarchia and Hestiasis.^ For the purposes of the €i(T(f>opa the Metoicoi were classified, when the symmories were introduced, into jxeTotKLKai a-vjxixopiai^ each , headed by a ra/xta?. They were assessed for the d(T<^opa by officials called C7nypa(/)€t9. Of these the individuals whose names are recorded were certainly Metoicoi, and it is probable enough that all of them were of that class.'^ ^ Dem. 20, 18. 20 draws a distinction between ai tQjv ixerolKuv XciTovpyiai and al TToXiTiKal. I now agree with Thumser, op. cit., 57 ff., that Dem. 20, 18-22 proves that the leiturgies of the Metoicoi included the Choregia Gymnasiarchia and Hestiasis. In C.I.A., II. 86, which is a document dating between 01. 101-104 (b.c. 376-361) and releasing the Sidonians from all pecuniary contributions to the State, we find the words : fir) e^elvai. avroOs fieToiKiov Trpdrrecrdai fjLrjd^ x'^PVy^v fiTjdeva KaraaTTJa-aL firjd' eiacpopav /ji.r)d€fj.lav iiriypdcpeLv : but this does not prove that the Metoicoi were not liable to other leiturgies also, because the word xoyo-^T^ai was often used as a general term for all leiturgies. See Thumser, de civ. Ath. munerib., 53, and ib. 59/60. Choregia by Metoicoi at the Lenaia mentioned by Schol. to Arist., Plut., 953. Ace. to Dem. 20, 20 Metoicoi had not yet been made liable to the trierarchy in 355 b.c. Schenkl, ib., 190, asserts,'in opposition to Boeckh, SeeurJc., 170, that no Metoicos was ever made trierarch ; but Thumser, ib., 60, 55, quotes C.I.A., II. 414, where a Byzantine is granted ^KTrjcn^ and a vote of thanks to him is recorded iiraLv^crai — Kal toi)s /u,€t' aiiroO TpLr]pdp{x)ovi. Nevertheless it is possible that the person honoured in this decree may have undertaken the trierarchy voluntarily. See Frankel on Boeckh, 2, p. 124, no. 840. The question is best left open. 2 Poll. 8, 144 : Kal rh Trap' 'TTrepidri fieTOiKtKTJs avfiixopias rapLias. Isocr. 17 is spoken by a Metoicos who was himself e7nypa(pevs (cf. § 41). v. Wilamowitz regards the ela^opdi, here mentioned as an €laip€LV.^ The functions which the Metoicoi had to discharge at the religious festivals, especially in the Panathenaic processions, formed another burden which fell upon them ex- , , , ^ (rKa(t>T]({>opCa. clusively. In these processions the males had to march clad in purple, and crowned with chaplets of oak, and carry brazen and silver vessels full of sacrificial cakes; their women had to carry pitchers of water and sunshades. They took part in other state festivals also, e.g. in the Hephaistia and Prometheia, where they received a specified portion of the flesh offered in sacrifice ; and probably also in the festivals of the Deme in which they happened to reside.^ Individual Metoicoi were granted special privileges by decree of the people. Among these were the titles Trpo^evog and evepyeriys granted by decrees of the people, sometimes separately, sometimes both together. They are to be regarded as meant just as in C.I.A., II. 86, although the elacpopoL is mentioned here in connexion with the [xerolKLov. 1 C.I. A. , II. 121, lines 28 and 176. For the expression rb '4ktov fiipos elctpi- peip fjLera rCiv /xeToiKuv in Dem. 22, 61, see Boeckh 1, 696/7 ; his view however is only conjectural. The same may be said of Thumser, de civ. Atheniens. munerib., pp. 47/8. 2 Harp. aKarj^oplai were called fxeTOLKWv XcLTovpyiai. : Phot., aKacprjejiopeip. Lex. Seguer. 280, 1 sq. The at full of offerings : Phot. (r/cd0as a-Ka(p7iop€Lp. Cf. Zenob. 5, 95. Full collection of passages in Michaelis, Parthenon, 330, no. 191 if. Cf. also Schenkl, ih., 204 ff., with the corrections of Thumser, i6., 60 ff. Wilamowitz, 220, argues with some plausibility that the sunshades were carried to honour Athena, and that ^lian is mistaken in supposing them to have been for the convenience of the Athenian ladies. An inscr. in the 'E0. dpx., 1883, pp. 167/8, line 16 = Ber. d. hayr. Ak., 1887, p. 5, referring apparently to the sacrifices at the Hephaistia and Prometheia, runs thus : Sovpai U {K)al to7s /xeToiKOLS rpw jSoOj TOVTWP t{Qp ^oQip Kal oi) iepoTroLol (p€)fjt,6pTu(p av)Tots (Jb/xd rd Kpia. C.I.A., I. Suppl. 2, as restored by v. Wilamowitz 254 If., justifies us in concluding that the Metoicoi took part in the festivals of the Deme at Scambonidai. i8i Gilbert I. 173.] Athens. [Gilbert O. 201-2. mere honorary titles ; but the Trpd^cvo? seems to have been entitled to 7rpd(ro8os Tcpo% tov 7roXc/>iap;^ov, i.e. could appear in his court without introduction by a Trpo(rTdTr)<;j which was required in the case of other ^^Metoicoi.^ Other rights granted by special favour, sometimes separately, sometimes in combination, were (1) the dreAeta, which probably referred to the leiturgies, and the /AeTotKtov, (2) cyKTTycris yrjipuv jutcTa ' AOyjvaLiov, (5) a-rpaTcveadai ras o-Tpartas fiera ^ KOrjv atiov.^ ^ Schubert, de Proxenia Atf., Leipzig, 1881. Monceaux, les Proxenies grecques, 91 ff., Paris, 1886. Ace. to Dem. 20, 60, aliens who had done good service to Athens received irpo^evlav, evepyealav , driXeLav airavruv. But the drAeta was not included in the irpo^evla. Dem. 20, 133 : oif yap icrriv odd' oJiros oUt'' dWos ovdels irpb^evos ibv dreX-^s, 6ti^ f/.r) diapprjdT)!' driXeiav ^duKCv 6 drjfios. This is the reason why the dr^Xeia is expressly mentioned, when granted, to- gether with irpo^evia. C.I.A.,II. 91. Nor was ^yKT-rjais yrjs Kal oUias included in the irpo^evLa : cf. C.I.A., II. 41, where irpo^evia is mentioned in the probouleuma of the ^ovX-q, the ^yKTTjais yrjs Kal oUias added by an additional clause in the Ecclesia. See also C.I.A., II. 70, 186. Schubert also, 10 ff., regards the irpo^evla as a mere title of honour, but infers from C.I.A. , 11.42 : Koi (irpdaodov) elvai airrip vpbs rbv TroXe/xapxov (Kaddirep) To(l)s &XXoi$ irpo^ivois (see also II. 131) that the rrpo^evoL required no introduction by their irpoffTdr-qs to the TToXefxapxos. In C.I.A., IV. 3, 551 it is decreed : (/cat dT){X€iav etvai a(vT(^) Kal 8iKas, idp (ris) ddiKy avrbv ^A{di^v)7j(nv irpbs rbp (jr6X^)/j.apxov dvev tr{px)rav)elu}v. The evepyeala also is a mere title : Schubert 25 ff. Monceaux 98, 6 infers from C.I.A., II. 208, in my opinion incorrectly, that in certain periods all Trpo^evoi. possessed the ^yKTrja-is yrjs Kal olKias. Dittmar, in the Leipz. Stud., 13, 142 ff., seeks to prove that the iyKT. yi]s Kal oidat was by law included in the irpo^evla and ei/epyeaia in the years 325-315, and so he explains the words Kara rbv v6(iov. Monceaux 102 infers that the irpb^evoL paid neither fieroiKiov nor market dues, but he must be wrong, for the dr^Xeia was not included in the irpo^evia. 2 dxAeia in general : C.I.A., II. 42, 91. driXeia tov fxcToiKiov : II. 27. iyKTTjffis 77?s Kal oiKlas: II. 41, 70, 186, limited to the value of from 3,000 drachmae up to 1 talent for houses, and from 1 up to 2 talents for land. See the inscrr. on the point collected by A. Wilhelm in Herm., 24, 1889, 331 ff. The clause /card Tbv vbfiov sometimes found added to fyKTTjais yijs Kal okt'as probably refers to the Solonian law. Arist., Pol., 2, 7=p. 37, 26 sqq. : ohv Kal libXuv iuofiodirrjaev Kal Trap' &\Xois earl v6p,os, 8s kuX^cl Krdcrdat yijv, ottoctjv hv ^oijXrjTai tij. For the meaning of eyKT-qp-ara cf. Lex. Seguer. 251, 1 ff.; 260, 4 ff. TTpdcodos irpbs ttjv ^ovXtju Kal Tbv brjjxov : II. 41, 91. rds eiaipopds eia€p€iu fierd 'AdT]pai(av : C.I.A., II. 121. aTpaTeijeadai rds arpaTids Kal rds elap in 183 Gilbert I. 175.] Athens. [Gilbert II. 203-4. of satisfactory statistics can never be more than approximations to the truth, give for the beginning of the Peloponnesian war a total of between 40,000 and 47,000 citizens, corresponding to a free population of between 120,000 and 140,000 souls.^ To these must be added about 10,000 Athenian citizens dwelling in the cleruchies, a number which may be considered fairly accurate for the 4th century also.^ The Athenian citizens were of two classes, old citizens and new. The latter, who were called -noiriToi or SrjixoTroLrjTOL TroA-trat, New obtained their burgess-rights by decree of the people.^ Burgesses, g^d^ grants of citizenship to non-burgesses could law- fully be made only in cases where the recipients had done good Mode of service to the Athenian State, and in the examples of Creation. ^\^qqq decrees that we possess this is regularly stated as the motive of the grant.* After the Ecclesia had passed the vote bestowing the franchise, the grant had yet to be confirmed in a second assembly in which not less than 6,000 citizens voted. Even after this any Athenian citizen who chose was entitled to oppose the decree by a ypo.^r) Trapavo/^wv, in which he had to prove that the person favoured with the grant of citizenship was un- worthy of the honour and his admission to citizenship illegal.^ Aristoph., Vesp., 709, include only the poorer citizens. (Plat.), Axioch., 369a, says 30,000 citizens were present at the trial of the generals after Arginusai, and obviously means to include the whole body of citizens. 1 See the calculation in Beloch, 60 ff., and for the statements of Philoch., fr. 90 (Miiller 1, 398) and Plut., Per., 37, about the number to whom corn was distributed in 445/4 b.c, see Beloch, 75 ff. « Beloch, 81 ff. ^ Harp. drjfxoTToirjTos. Poll. 3, 56. Distinction between 761/61 TroXtrai and TToiTjroi iroXiTat. : Dem. 45, 78. * (Dem.) 59, 89. Szanto, Untersuch. U. d. att. Biirgerr., p. 26 ff'. 5 (Dem.) 59, 89-91, delivered in 340 b.c. See Schaefer, Dem. u. seine Zeit, 3', 2, 183. The earliest inscr. in which the second assembly is undoubtedly mentioned is C.I.A., II. 54, 363/2 b.c, and it was probably mentioned in II. 51, 369/8 B.C. ; this however does not prove that the two assemblies were not necessary even earlier than that date. The context of the passage in (Dem.) shows clearly that the trial in the law court did not take place unless a ypa(p7} irapav6tj.03v was brought against the grant of franchise. The special regulation adopted when the Platseans were admitted to citizenship, namely, that they should be required to prove in courts of justice that they were Platseans and democrats, is clearly an exceptional measure due to the large number who were admitted on that occasion. Cf. (Dem.) 59, 105/6, and Pseudoplut., vii. Lys., 8. Frankel, 34 ff., argues that every grant of the franchise was necessarily accompanied by a dokimasia before a law-court. 184 Gilbert I. 176.] Grants of Citizenship. [Gilbert II. 204-5. The formal statements in the extant decrees are consistent with this course of procedure. Up to the middle of the 4th century the newly admitted citizens seem to have been at liberty to select for themselves the Phyle, Deme, andPhratry in which they desired to be enrolled. After that period it seems that the freedom of choice was limited to certain specified subdivisions of the burgess-body.^ At the end of the 4th century B.C. it seems to have become a regular rule that newly admitted citizens should be subjected to a dokimasia held before a court of 501 jurors, the Thesmothetai acting as cio-aywycts.^ Till lately conflicting views were held concerning the political Hartel, too, in his Stud. ilb. att. Staatsr. u. Urkundenw., 271, supposes that a judicial test of fitness was necessary from the very first, and thinks that the term ypacpy] irapaudfioiv cannot be taken here in its strict technical sense. His view is with good reason opposed by Szanto, Untersuch. iih. d. att. Biirgerr.^ p. 7 ff., who however is led to other untenable results by adopting Hartel's hypothesis about the double reading of the decrees in the. Ecclesia. Buermann, in Jalirb.f. d. Phil. Suppl. vol., 10, 361, and Meier, Intell.-Bl. z. Allg. Lit.-Zeit., 1834, p. 254, rightly date the introduction of the dokimasia for this purpose in the time of Demetrios of Phaleron. 1 The oldest formula of franchise-grants in the inscriptions runs thus : clvaL dk Qpaa-v{^oij\ov s 5^ TrpvTdvets doOvat irepl aiirov ttjv xj/Tjcpov T(p drificf) et's tt}u irpibTrjv eKKK-qaiav. Cf . C.I.A., II. 51, 54, 108. Soon after the middle of the 4th century the addition Cjv ol vojxol Xiyovai sometimes appears immediately after -^s dv ^ovK-qraL (see C.I.A., II. 115 b), but it was soon sup- planted by the clause Kara top vbfiov, which obviously means the same thing, as Buermann admits without reservation in the 10th Suppl. vol. of the Jahrb. f. cl. Phil., 643 ff. Dittmar's explanation of Kara rbv vofxov in the Leipz. Stud., 13, 140 ff., 153 ff., will scarcely convince anybody. See also Schmitthenner, de coronar. ap. Ath. honorib., 31 ff., Berlin, 1891. A collection of inscriptions on the subject will be found in Hartel 272. 2 The formula given in the last note remained in use till about 320 b.c, with only a few formal changes in its second clause, but at that date or thereabouts an additional clause appears (cf. C.I.A., II. 223, 229) to the fol- lowing effect : Toys 8^ dea/xoderas elaayayelv aiir^i ttjv doKi/maa-iav ttjs Swpeds (or rrjs TToKcTeias) els rb SiKaaTifjpiov, drau TrpQrov oXbv t' 17. Cf. C.I.A., II. 309. In- scriptions of still later date, soon after the end of the Chremonidean war (Buermann, ibid.), show the following wording: Sehbadai bk avTi^ Kal iroXiTeiav BoKL/xacrdiPTL cp ry diKacrTr)pii^ Kara rbv vbfMOv, roi/s S^ deapLod^ras, Srav irpdrov irXrjpQaLv dLKaarrjpLOV els ^va Kal TrevraKoaiovs biKaards, elaayayecv avrcp rriv doKifxa- ciav Kara rbv pbfiov Kal elvai avrcp boKt/xaad^vri ypdxpaadaL (f>v\i]s Kal 8rip.ov Kal (pparpias ^s hv ^o6\r]Tai. Cf . C.I. A., II. 395. Collection of inscriptions, Hartel, 272/3. 185 Gilbert I. 177-8.] AtheJlS. [Gilbert II. 205-6. status of the new citizens at Athens, especially with regard to Politi al ^^®i^ relation to the Phratries : ^ but we have now at Rights of New our disposal numerous inscriptions of the 5th, 4th, and 1 izens. g^^ centuries supplying ample evidence that the new citizens were admitted into a Phyle, Deme, and Phratry on the strength of the decree which granted them the franchise.^ The limitations of the rights of the new citizens, as compared with the old burgesses, were but unimportant. They could not hold the office of any of the 9 Archons, nor a priesthood ; but any sons of theirs born after their reception into the burgess-body, and in legal wedlock with an Athenian freewoman, were eligible for both. If, on the other hand, the sons were born before the admission of their father to citizenship, they were admitted as a rule to citizenship at the same time as their father, but then stood under the same restrictions as their father, and the full rights of old burgesses could only be obtained by their sons again in the next generation born from legal wedlock with a free Athenian wife.^ 1 The various theories are stated in Philippi, Beitr. z. e. Gesch. d. att. Burgerrechtes, 107 ff. He then held that a new citizen could obtain en- trance into a Phratry for himself only by adoption, for his son by an Athenian free woman by admission of such son into the Phratry of his maternal grandfather. This -view he has now abandoned ; Jahrh. f. cl. Fhil.^ 1879, p. 418. Yet Hruza, Beitr. z. Gesch. d. griech. u. rom. Familien- rechtes^ 136/7, 1892, still considers it doubtful whether the new citizens were at all periods permitted or compelled to belong to a Phratry. 2 e.g. C.I. A., I. 59 of 410/9 b.c. ; II. 54, 363/2 b.c. ; II. 121, b.c. 338, 7 ; II. 300, B.C. 295. Buermann in Jahrh. f. cl. Phil., 9th Suppl. vol., p. 597 ff., had demonstrated clearly that other arguments also independently of epi- graphical evidence prove that new citizens were enrolled at once in the Phratries. 3 (Dem.) 59, 92. 106. Arist., 55, 3, gives the question put at the doKifiaala of the 9 Archons as follows : tis croi irarrjp Kal irbdev tCjv h-qixwv /cat ti's irarphs rrar-^p, Kal rts fJ.'rp'rjp /cat rtj /xrjTpbs Trarrjp /cat irSdev tQv o-qpnav \ cf . Lex. Cantabr., p. 670, 14. Inquiry was made concerning the maternal grandfather and his Deme, because in the official name of an Athenian citizen lady the Deme- name was given after the name of her father or husband. The name of the paternal grandfather was asked, because in cases where burgess rights had been granted to an alien and to his living descendants, those descendants had, it is true, a citizen for their father, and so far the form of question given in (Dem.) was sufficient, but they were not citizens by inheritance from their father, but because citizenship had been specially conferred on themselves. See also Philippi 117, 99. The version in Poll. 8, 85: d ^A67]vaToL eiffiv eKor^pudev iK rptyovias probably arose from a misunderstanding of the full form of question as given above. Philippi, 109/ 10, and before him Meier, de bonis damnat., 235, refer the statements of (Dem.) and Poll, to different periods. i86 Gilbert I. 178.] Old and New Burgesses, [Gilbert II. 206-7. The theory that the Platseans formed a peculiar class of Athe- nian citizens, and that the slaves who were liberated because of their services at the battle of Arginusai became Pla- tseans, must be modified. The fact is that those f reed- men received a number of allotments of land in the territory of Skione which had been in the possession of the Platseans since 422/1 B.C., and their names were entered in the list of Cleruchs next after those of the Platseans.^ The new citizen owed his admission to the franchise simply to his good services to the State ; the old burgess, on the other hand, was entitled to citizenship by hereditary descent. To old define this, the Athenians re-enacted in the archonship Burgesses, of Eucleides the decree of Pericles of 451 B.C., which provided that only those who were descended from Athenian jj^gggj-x citizens both on the father's side and on the mother's should be entitled to the rights of citizens. For those however who were born before the archonship of Eucleides a concession was made ; for them citizen descent on one side was declared sufficient.^ From this concession we may infer that the Periclean law had become obsolete in consequence of the great losses which had thinned the ranks of the burgess body in the course of the Peloponnesian war : this seems to be corroborated by the restora- tion by Alcibiades of the synteleia of half-blood citizens in the Kynosarges.^ The half-blood Athenians were under disadvantages 1 The correct explanation of Hellan. ajp. Schol. to Aristoph., Frogs^ 694, is that given by Kirchhoff in the Abh. d. Berl. Ak., 1873, pp. 9/10. Skione in hands of the Platseans from 422/1, Thuc. 5, 32. Diod. 12, 76. Isocr. 4, 109. For the relations between Athens and Platsea see Szanto in the Wiener Stud.^ 6, 159 if. The discussion by Heinr. Wiegand, die Flatceer in Athen. in the Matzehurg Progr., 1888, is of little importance. 2 Arist. 42, 1 says of the form of constitution after Eucleides : /neT^x'^vaiv fih TTjs TToXiTelas ol i^ d/Mcporipuv yeyovdres chxtQu. For Pericles' law cf. Arist. 26, 4. To the decree in the archonship of Eucleides belong the statements of Carystios ap. Ath. 13, 577 C : ' ApiaTotpuv d^ 6 prjroip 6 rbv vbpiov daeveyKwv i-rr EvKXeidov dpxovros, 8s B,u fir] i^ dcrr^s yh-qrat v6dou elvai and of Eumelos ap. Schol. to ^sch. 1, 39 : Ef/^iT/Xos 6 irepnraT-qTLKbs iu t(^ y wepi Trjs apx^-'i-o-s KUfiipSias 7)(rl 'NiKOfM^VT} TLva. xj/ri^Lcr/xa diadai jxiqUva twv fier EvKXeidrju &pxovTa [xer^x^LV r^s 7r6\ea;s, ftj/ [xt] &ix(j>(>} roi/s yovias darods iindei^rjTai, tovs 8^ irpb EvKXeidov dve^erdcTTOvs dipeiadat. To this decree Dem. 57, 30. Is. 8, 43 refer. ^ For the Gymnasium Kynosarges cf. Plut., Them., 1, Lex. Seguer. 274, 21 sqq. : K.vv6(Tapyes yvfxvdaiov tl ^Adrivrjat KoXoifxevov, els 5 iv€ypd(f)ovTo Kal ol vbdoL e/c Tov €Tipov fiipovs daroL The comparison in Dem. 23, 213 shows that those who were of Athenian blood on the mother's side only were also admitted to the training given in the Kynosarges. Cf . Buermann in the 187 Gilbert I. 179-81.] Athens. [Gilbert II. 208. after 403 B.C. in civil matters also ; for the law of Solon, nominally still valid but practically obsolete, whicb deprived all voBoi of the rights of kinship in all matters sacred or profane, was also re- enacted in that year.^ In the course of the 4th century these enactments about the franchise were made still more severe by the absolute prohibition of mixed marriages both between citizens and alien women, and also between aliens and Athenian women ; if the law was broken, the alien offenders were to be sold into slavery. These rigorous laws, however, do not seem to have been strictly carried out ; at any rate they failed to exclude the half- bloods from citizen-rights in practice. The foisting of their names into the burgess-rolls remained a busy and successful trade, as is clearly proved by the Siai/^T^c^tcris or revision of lists carried out in 346/5 B.C., when many such intruders were ejected from the burgess-body.2 But, for admission into the Phratries and thereby into the Athenian burgess-body, pure citizen descent was not sufficient ; it was also necessary that the applicant for 7th Suppl. vol. of the Jalirb.f. class. Fhil., 633/4. Schenkl however in the Wiener Stud., 1883, 17 A, 22, denies it. Reorganisation of the synteleia of vodoi by Alcibiades: Polemon ap. Ath. 6, 234 E. Schenkel 18/9 without good reason identities this Alcibiades with Cleisthenes' colleague of that name. Dem. 23, 213 shews that in the 4th century the synteleia of v66oi no longer existed. An unprejudiced interpretation of Aristoph., Birds, 1649-1670 will show that the vodoi were not ipso facto citizens in the eye of the law in the period of the Peloponnesian War. Isocr. 8, 88, on the other hand, shews that as a matter of fact they were surreptitiously enrolled in the burgess lists, for he tells us that in the Peloponnesian war the Phratries and Demes were filled twv oudev ry iroXei irpoaTjKovTiav. ^ Is. 6, 47 : TOvvavTLOV rolvvv (rvfi^4j3r]K€v ^ us 6 v6/Uos yiypaiTTaf Uei /x^v yap ii(Tis of the year 346/5, cf . Harp, s.v., Hypoth. to Is. 12 and to Dem. 57. It was proposed by Demophilus, ^sch. c. Tim. 86, Schol. 1, 77 Dind. On this occasion many were ejected from the citizen-body, Dem. 57, 2, but were readmitted after the battle of Chseronea, Suid. dire\pri(j)L yvvaiKa ehai aiirov, dXXd iraXXaKrjv ^x^^^ ^vdov 5 dXX 01 vaidei TaOrrjs 6vt€5 Kal e'KXTfy fxivoL els roi>j (pparipas virb ^iretpdvov Kal t) dvydrrip dvdpl ' Adrjvali^ CKdodeiaa irepKpapQs avTTjv dirocpaivovai. yvvaiKa ^xo^^a. From this it follows that the children of a iraXXaKr] could not be enrolled in the Phratry. Cf. also § 122 : TO yap avvoLKelv toOt iariv, 6s av ■jraLdoiroiiJTat. Kal elcrdyrj ds re roiis ^pdrepas Kal drjfidTas rods vieTs Kal rots dvyar^pas iKdi8(^ tos aiirov oiiaas roTs dvdpdaL. rds piiv yap eraipas ijdoyTJs 'iveic Ixo^^''? t°-^ ^^ iraXXaKas ttjs Kad' Tjjxipav dcpairelas rod (Tibfiaros, rds 5^ ywalKas rod iraidoiroLecadaL yvrjaius Kal ruv ^v8ov (pvXaKa Triarrjv ix^iv. Schaefer's article in the Phil. Am., 1887, p. 403 ff., does nothing to invalidate this. Cf. also Thalheira, Berl. phil. Wochenschr., 1888, p. 1345 ff. 190 Gilbert I. 188-4.] Enrolment of Children. [Gilbert II. 211-2. however belonged probably to the Phyle of their mother, and were accordingly admitted when of proper age into the mother's Deme also. They therefore became Athenian citizens by this reception, but could not claim the full family rights which depended upon membership of a Phratry ; none of their father's property could be bequeathed to them except the so-called i/o^eta, which was not allowed to exceed a specified sum.^ I here give a short account of the formalities with which the young Athenian was admitted into the burgess-body. The child received its name as a rule en the 10th day after birth. ^ Naming The parents had free choice in selecting what name of Children. they pleased, and could also alter a name once given if they chose. Nevertheless it was the custom that the eldest son should be called after his paternal grandfather, while for the other children they usually selected names from among their relations on the father's or mother's side.^ The naming was a private festival, but the admission into the Phratry secured to the child its full family rights. For the ceremonies of this admission only the general rules, apparently, were fixed by the State ; the special ^jj^iggjo^ arrangements were left to the discretion of the in- into the dividual Phratries.^ Even as to the age of the children ^^ ^' admitted there seem to have been no universally applicable rules ; ' Oath at introduction to Phratry, Is. 7, 16. Dem. 57, 54. But any one not enrolled in a Phratry is v6do^ : Is. 3, 75. I now believe that the vbdoL ex cive Attica were ipso facto citizens. See Caillemer in the Annuaire de V association pour r encouragement des etudes grecques en France, 1878, p. 184 ff. Boiotos already belonged to the. Phyle Hippothontis before Mantias acknowledged him. Cf. Dem. 39, 25. 28. See Lipsius in Meier 533, 143. Ace. to Arist., Rhet., 2, 23, trepl riSv t^kvuv at yvvaiKes TravraxoO Siopl^ovaL TaXrjdis \ therefore the declaration of the Athenian mother that the child was the son of a citizen father would be sufficient to secure the franchise of the child until he was admitted into a Deme. For admission to the Deme the only require- ment made with regard to the candidate for admission was ei e\eidep6$ ia-ri Kal yiyove KaroL toU/s p6/j.ov5, where the Kara roi/s vofiovs merely refers to the clause immediately preceding : fierexovaiv ixkv ttjs iroXire/as ol e^ d/x(poTepwv yeyovores oxttwv. See Arist. 42, 1. The maximum vodeTa, ace. to Harp., was 1000 dr. ; ace. to Schol. on Aristoph., Birds, 1626, 5 minse. 2 The 5eK6.Tr} the regular day for naming children. Aristoph., Birds, 922/3. 494 with the Schol. ; Dem. 39, 20. 22; 40, 28. Cf. also Lex. Seguer. 237, 26 sqq. On the e^doixt] see Harp. e^Bofxevofxevov. 3 On the right of selecting or altering names: Dem. 39, 39. On the choice of names : Dem. 39, 27 ; 43, 74. An adoptive son names his own son after his adoptive father, 'iva /jltj avibwixos 6 oIkos ai/roO y^vrjTaL (Is. 2, 36). * That these ceremonies varied in the different Phratries is shewn by the 191 Gilbert L 184-5.] Athens. [Gilbert II. 212-3. which indeed was reasonable enough, for the possibility of enroll- ing children of tender years on a fixed day in the year undoubtedly depended very much on accidental circumstances. It is however probable that the admission took place in one of the first years of the child's life.^ The festal occasion for this was supplied by the Apaturia, a festival celebrated by the members of each phratry ; the third day of the festival, the so-called Kovpecuri?, was set apart for the enrolment of the children.^ This was accompanied by an fact that the orators considered it necessary to give special descriptions of the formalities in special Phratries. Thus Is. 7, 16 says of the Phratry of Apollodoros : ian 5' aurotj voixo% 6 avros, idv rk riva. ^i/o-et yeyovora elcrdyr] tls eav re iroiTiTov. Cf. especially the decrees of the Phratry Demotionidai, C.I. A., II. 841 b, with the continuation in the 'E0. apx- 1888. 3, 1 S.—Berl. phil. Wochenschrift, 1889, pp. 225/6. The entire inscr. is now to be found in Sauppe, de Phratriis Att., II. 3 ff., in the Ind. Schd. GoetL, 1890/91. The dis- cussions on the Inscr. which appeared before the second part of it came to light, Szanto in the N. Rh. Mus.^ 1885, 40, 506 ff., myself in the Jahrb. f. cl. Phil., 1887, 23 ff., and C. Schaefer, Pforta Progr., 1888, have now been superseded by the appearance of the actual text. The entire inscr. is dis- cussed by R. Schoell in the Sitzungsber. d. hayr. Ak., 1889, 2, 1 ff., and Sauppe, loc. cit. It contains 3 distinct decrees, and mentions in line 14 in Sauppe's copy (which I am quoting) rbv vofxov rbv Arj/xoTnovLdiov, to which also line 70 roiis 8^ /idprvpas rpeXs ods etpTjTai probably refers. ^ Et. M., 118, 54 ff. ('ATraroi/pia) : h Tairri ry eoprrj roi/s yevvwixivov^ Iv t(^ kviavTi^ iKcivq) iraWas rore ev^ypa(pov. Schol. Plat. Tim., 21 : iv raiJTy {ry KovpedjTidt) yap TOi)s Kdpovi iviypacpov els roi/s (feparipas, Tpiereis ij TeTpaerels 6vTas. The speaker of Is. 8 says § 19 he was enrolled, iireLdr] iyeuSp-eOa ; Callias in Andoc, MysL, 127, rbv iraida ij8r] pjyav 6vTa dadyet els K-^pvKas] in Dem.43, 11, the enrolment takes place, iireLdr) ovroal 6 irais iyivero kuI iddKei Kaipbs ehai. In the Demotionidai inscr. the first decree L 45 sqq. says : eTn{^)ri(pli;eiv 8k rbv (pparplapxov Trepl wv h{y) SiaSiKd^eiv 8ir} Kara rbv iviavrbv 'eKa(TTov\ in the second decree the persons to be enrolled are repeatedly called simply iraUes (11, 69, 79, 104); in the third and latest decree line 115 sqq. it is decreed: Sttws S'&j' el8G}v Traripwv rots (ppdropcnv, brav eiacp^poiio'i. tovs iratdas els (pparpias. rb odv 6v6/xevov t6t€ Upetov KoijpeLov iKoXe^TO. That the ixeTov and KoijpeLov were distinct from one another, follows from the Demotionidai- inscr.,, 1. 5, 59/60, though the Et. M., 533, 30 sq., makes them identical. Nothing definite is known about the fieiov. Cf. Harp. /jlcXov kol yttetaywyos. Poll. 3, 52. Schol. to Aristoph., Frogs, 798. Both sacrifices were offered at the Apaturia : Demotionidai-inscr., 1. 58 sq. The inscr. shows that fieTov meant the smaller offering, as Mommsen, ib., 308, conjectured. I now conjecturally identify the fi€?ov with the sacrifice offered at the enrolment of girls (cf. Is. 3, 73. 75. 76. 79). Sauppe 9/10 and others regard fxelov as the offering made at the first introduction of girls and boys, KoipeLov as the offering made at a second introduction of the child supposed by them to have taken place from a passage in Poll. 8, 107. But since that passage contains an error on the subject of the ya/xrjXia as well, I cannot attach such importance to it as to infer from it the fact of a second, and indeed the decisive, introduction. The case of Callias in Andoc, de Myst., 127, in- troducing a boy ijdrj fxiyau 6vTa, is obviously something unusual. See also Philippi, Beitr., 101/2. 2 For the animals sacrificed cf. Poll. 3, 52 : /cat 6ls (ppaTrjp Kal (ppdrpios ai| rj dvoixevq tols (ppdropcnv. The wine offering was called olviaT-ftpLa. The other gifts are known from the Demotionidai-inscr., where in line 4 sqq. we have specified as lepubavva for the priest of Zeus Phratrios ; diro rod /xeiov KooXrjv irXevpdvos, dpyvpiov 111 (30b) 5 ciTro rod' Kovpeiov KuXijv trXevpdvos, iXaTrjpa XOivLKLOiov oLuov i]/j.ixovv, dpyvpiov h (1 Dr.). For the fiepides received by the 4>pdTep6s cf . Dem. 43, 82 ; Harp. /xeXop. ^ Suid. (ppdropes — rb 8^ ypdcpeadaL els tovs tppdropas aiix^oXov eTxov rijs (Tvyyiveias. In the 2nd decree of the Demotionidai-inscr., 1. 67 sq., we read : Nt/f6577/ios etTre rd fi^v dWa Kara rd irpSrepa xJ/rj^iafxaTa, d Keirac irepl rrjs elaayuyijs 193 O Gilbert 1. 186.] Athens. [Gilbert II. 214-5. the Phratriarch first caused the Thiasotai of the applicant to vote by ballot for or against the enrolment of the child in the presence of all the Phrateres. If the Thiasotai voted for admis- sion, but the general body of Phrateres voted against it in the general vote which next took place*, then a money fine was inflicted on all the Thiasotai who could not prove that they had opposed the admission.! If, on the other hand, the Thiasotai refused the admission, and on appeal to the general body of Phrateres their decision was reversed, then the child in question was enrolled in the Phratry-list. If however the general vote was given against the appellant, he was required to pay a fine of 100 drachmas. If no appea,l was made against rejection by the Thiasotai, their decision was held valid and sufficient. In all votes of the whole body the Thiasotai of the member immediately interested were forbidden to give a vote.^ In the first decree of the Phratry Demotionidai the formalities of admission differ somewhat from those in the second. It is certainly an almost inevitable inference that here also the first vote on the question of reception of the tOiv Taidwv Kat rrjs diadLKaaias, toi>s 5^ fidprvpas rpeis oOs etprjrai iiri ry avaKpiaeL Trapix^<^dO'i- ff tQu eavrov diaaLWTCjv /xaprvpovPTai ra vTrepo}T(hixe{va) koL eiroixvivTas rbv Ala rbv (ppirpLov /Maprvpeiv 8k rods fidprvpas Kal iirofiv^vai. exofi^vovs ToO ^cjfiou' ehv de firj Sxxi iv T(p dtdaip roorip toctoutol rbv dpidixov, iK tuv dWcav <}>paT^po}v irapex^o-do). The 6'p/foj fiaprvpcav iiri ry eica-ywyy tQv TraiSwv, line 107 sqq., reads thus : fiaprvpQ} bv ctVdyei eavrc^ vbv elvai tovtov yv-qaiov eyyafierrjs' dXrjdi] raCra vrj rbv Aia rbv ^pdrptop' e\jopKOv{v)TL p.h p-oi iroKka. Kal dyaOd eXvar el 5' imopKotTjv, Tdvavrla. In other Phratries, where the father himself had to take the oath, the vSfiifxos 6pKos was : rj fjL7]v i^ dcrr^s Kal iyyvTjTTJs ywaiKos dadyeiv. Cf. Is. 8, 19 ; 7, 16. Dem. 57, 54. Andoc, de MysL, 127. In (Dem.) 59, 59/60 the yhos of the Brytidai voted without this oath being taken, the applicant not being required to take it till he came before the Diaitetes. ^ The inscr. quoted continues, line 77 sq. : orav Serji] dLadiKaaia, 6 (pparpiapxoi fir] irpSrepov 5i56tw tt]{p) xprjcpov rrepi t(2v iraldtau roh diraai (ppdrepcri, irplv hv ol avToO Tov elcr ay ofiivov diaa-Qrai. Kp^^drjv dirb tou ^ufiov (f>ipoPT€S t7]p xprjcpop d(.a\l/Tj(pip' ol 8k OiaaCoTaL fxerd tQp dXk(jjp (pparepup fj-i] (pepoPTUv T^p \pr](poy Tipl tQp 7ral8(j}p tup e'/c tov didaov rod eavTuy. 194 Gilbert I. 186.] The Phmtry. [Gilbert II. 216-7. children was given by the separate Biaa-oi^ and that from their adverse decision the applicant could appeal to the general body of the Phratry. In that case the Dekeleiai, i.e. the family or clan of the Dekeleiai, who formed the main body of the Phratry, had to choose from among themselves 5 men over 30 years of age to represent before the Phratry as o-w>jyopot the interests of the ^iWos in opposition to the appellant.^ If the appellant was refused by the entire Phratry also, he had to pay a fine of 1,000 drachmas to Zeus Phratrios.^ The literary evidence agrees in essential points with this epigraphical account of the procedure at enrolments in the Phratry. It seems however that in certain old families, which formed sub-divisions of the Phratries by the side of the purely religious ^tWot, the vote of the Gennetai was sufficient in itself for the enrolment into the Phratry also, mainh^ of course because the members of such a family on account of their immediate or more remote right of inheritance had a greater interest in the child's membership of the family in question, than the members of a ^tWos who were not connected by a similar family descent.^ In some circumstances it seems to have been * Ibid. 26 sqq. : tt^v 5k diadiKaaiav rb \oixbv eXvai T(p var^pip ^rei ij ip Slv rb KoipcLOV dvcrrj rrj KOvpeuiTidL 'Axarovpioiv, (j)ipeLV hk tt]v xprjipou aTrb rod ^iv/xov eav 8i ri5 ^oijXTjrai. i3VL8(2v (line 14), which is apparently referred to in line 70 also, must have contained more precise details about the method of examination and admission, so as to explain the allusion in the words quoted above. I regard the separate diaaot as the bodies which voted in the first instance here also. For the AeKeXeiwv oIkos see Schoell, in the Sitzungsber. d. bayr. Ak., 1889, p. 21, and above, p. 149, 1. 2 The same inscr., 38 sqq. : 6tov 5' hv tQv icp^urcau diro^l/rjcpia-uvTai Ar)fji,oTio}vl8ai, 60et\erw x^^'^s Spax/J-as iepds ry Ad t(^ ^parpiif. This fine is reduced to 100 drachmas in the second decree, 89/90. 3 The statements in Is. 7, 15-17 ; 8, 19 ; Dem. 43, 14, 82 ; 57, 54, agree in all essentials with the Demotionidai-inscr. As regards exceptions in the case of certain old families, in Andoc.,c?e MysL, 127, for instance the KrjpvKes admit the son of Callias in spite of the opposition of Callides, and that obviously settled the question. In (Dem.) 59, 59 sqq. Phrastor introduced 195 Gilbert I. 186.] Athens. [Gilbert II. 217-8. possible for a private individual to offer opposition to the enrol- ment. The objector did this by the symbolic act of removing the sacrifice from the altar, and he was bound to make good his case by bringing a lawsuit before a court of justice, probably by a ypay) ^ivia^ or vtto^oXtJ?.^ After admission to the Phratry had been granted, the name of the new member was entered in the kolvov ypa/x/xarctov of the (fypdrepes, also called paT€pLK6v ypafifiariiov.^ Introductions into the Phratry at any other time except the Apaturia were generally speaking quite unusual, but they must have been sometimes allowable, at any rate in the case of adoptions, where it might be extremely important to the adoptor to obtain the full legal rights of a son for the person adopted as soon as his son ets roi>s (pfidrepas /cat eh toIis Bpvrldas, dv Kal avrds icrriv 6 ^pdcTTtap yevpTjTrjs. But there is no question about any vote of the Phrateres. Phrastor appealed, when the Brytidai refused the enrolment, hut not to the Phratry ; he brought the case before a Diaitetes, and as he failed to take the customary oath before the Diaitetes the case was apparently decided against him. Perhaps however Phrastor did not venture to appeal to the Phrateres, and therefore the decision of the Gennetai remained valid on the same principle as in the Demotionidai-inscr., 1. 99 sqq. : iav 5^, diro\l/tj(pLcra/j.^v()}v tQv diaawTCjv, fXT) ecpy eh rods diravras, Kvpia ecmo ij dTro\p-r)(f>Lr] vwo^oX^s is in Lex. Seguer. 311, 33 : vtto^oXtjs ypa^r] tL is Srj/xdras toi>s eyypdxj/avTai. Cf. Is. 7, 28 ; Dem. 57, 61. The ex- pressions for reception among the Demotai are eyypacprjvai els rb Xrj^iapxi-Kov ypa/j-ixareiou, els toOs SrjfxdTas, also briefly eyypa7;the tomb-inscrr. supply numerous examples. What was the custom in case of v66oi ex cive Attica admitted into the Deme, is uncertain. 198 Gilbert 1. 188-9.] Burgess-vigJltS. [Gilbert II. 220-1. petent to distinguish right from wrong, and therefore dealt with him henceforth directly in person.^ If the newly enrolled Demes- man was the son of an cvriKXrypo?, or was an orphan, he received by admission to the Deme the right of disposal over his property .^ The TTtVa^ eKKXrjo-taaTLKoSj in which Athenians had to be en- rolled at the beginning of their 20th year, was simply a copy of the Xrj$iap)(LK6v ypaix/jLarelov prepared for the Xyjitapxpt Burgess- to help them in their supervision of the meetings of rights, the Ecclesia. The right of attending the Ecclesia legally be- longed to the Athenian as soon as he was declared of age ; but during the period of military training which followed his enrol- ment in the Deme he was seldom able to exercise this right in practice.^ Leaving out of consideration the particular rights which he could not claim till later in life,* the youth enrolled in the Xrj^tapxi-Kbv ypa/jLjuLaTetov thereby entered into full possession of all the political rights included in the term cVcTt/xta. The corre- sponding negative expression was drtjuta, which might j.. . +. be either partial or total. Total drt/xta meant depriva- Burgess- tion of all political rights ; partial dn/Ata, called drt/xta ^^ ^' Kara TT/ooo-rd^ei?, meant loss of some rights while the rest were re- tained.^ As full political rights could be diminished by Atimia, so additional rights could be granted by special grants increase of of honour. The commonest of these rights were rigiits. dre'Acta, i.e. exemption from Aetrov/oytat ; TrpoeSpla^ i.e. right to a seat of honour at festival assemblies ; a-LTrjcns iv n^vrai/eto), or the right * ^sch. in Tim. 18. 2 Harp., \7]^Lapxi.iibv ypajit/xaTeTov. Poll. 8, 104. For the sons of eTriKX-rjpoi cf . Is. ap. Suid., re'wj ; Is. 8, 31 ; 10, 12 ; for orphans, iEsch. in Tim. 103. Orphans were however exempted from Leiturgies during the first year after coming of age : Lys. 32, 94. 3 So Schaefer 36 rightly holds, in opposition to Boeckh., kl. Schr., 4, 154. See also Dittenberger, de ephebis Att., p. 10. It is proved by Xen., Mem., 3, 6, 1. Dem. 44, 35 mentions the iriva^ iKKXrjaiaa-TLKos. * 30 years was the minimum age for Bouleutai (Xen., Mem., 1, 2, 35) and Heliasts (Arist. 63, 3 ; Poll. 8, 122), 50 for Ephetai (Poll, e^^rai Art. 2 ; Suid., id. ; Lex. Seguer. 188, 30), 60 for Diaitetai .(Arist. 53, 4; Poll. 8, 126). For Athenian usage in this matter cf. the author's Beitr., 25. * The locus dassicus for the various kinds of drL/xia is Andoc, de Mijst., 73 sqq. Atimia with confiscation of property is not a special form of Atimia but the combination of two forms of punishment, as Lipsius in Bursian's Jahresber., 15, 343, rightly infers from Dem. 20, 155 sqq. On Atimia cf. Meier, de bonis damnat, 101 ff. and van Lelyveld, de infamia iure Attica comment., Amsterdam, 1835. 199 Gilbert I. 189-90.] Athens. [Gilbert II. 221-2. to dine in the Prytaneion either on one occasion or for life ; and, lastly, distinguished men were often publicly presented with a crown or chaplet.^ D. Political Divisions of the Burgess Body and other Associations. The entire free population of Athens was divided by Cleisthenes into 10 Phylai or tribes : the following is the list of their names in their official order : 'EpexOrj'ts, AlyrjU, HavSuovLs, Acoi/rts, 'AKa/x,avTts, Olvrj'is, J^CKpoTTLS, *l7r7ro6(DVTLS, AtavTis, and AvTtoxts.^ To these 10 old tribes were added in 306/5 B.C. the 'AvTtyoj/i?, named after Antigonos I., and the ArjfjLrjrpLas, named after Demetrios Poliorketes, and in the official order the Anti- gonis was assigned the first place, the Demetrias the second.^ To these 12 the IXroAc/xats was afterwards added, so that for * For these public honours see Westermann, de puhl. Atheniens. honorih. ac praemiis, 1830. For Ateleia the exhaustive investigation by Thumser, de civ. Atheniens. munerih., p. 108 ff. a'iTr)cn.% ev Upvravdc}) was generally granted to victorious Strategoi (^sch., de Fals. Leg., 80), and returning ambassadors {id. ib., 46, 53). For this right see Westermann p. 45 ff., and B. Schoell in Berm., 6, 14 ff., who has discussed the subject in a note upon a fragmentary decree of the people (C.I.A., I. 8) which contains an enumeration of all those who could claim the right of dining during their whole life in the Prytaneion. For crowns and public announcement of grants of crowns see Kohler in Mitth. d. dtsch. archaol. Inst, in Ath., 3, 131 ff. ; Schmitthenner, de toronarum apud Athenienses honorihus, Berlin, 1891. % 2 All the 10 Phylai occur in official order in CIA., II. 172, and in the list of Diaitetai in C.I.A., II. 943, also in 'E0. apx-, 1883, pp. 123/4, 1. 50 sqq. (Dem.) 60, 27-31, also gives them in official order with the names of their eponymi. For these last cf. Pans. 1, 5, 2 sqq. Incomplete lists of the Phylai, but in official order so far as they go, in C.I.A., I. 443, 446, 447. See also A. Mommsen in Phil. N. P., 1, 450 ff., 1888, where he seeks to prove (465) that the official order was influenced partly by the relation of their eponymi to the customary ceremonies of the tenth of the year which fell under their presidency, partly by the rank of the eponymi. To me the whole argument and its results seem of very doubtful validity. ^ For the creation of the Antigonis and the Demetrias cf . Plut., Demetr., 10 ; Droysen, Gesch. d. JDiad., 2, 119/20 (416). The Phyle Demetrias is attested in inscrr. for the year 306/5; C.I. A., II. 246. On the other hand the circumstance that the 5th Prytany falls in the 6th month Poeseideon in C.I. A., II. 238, dating from 307/6, while after the institution of the twelve tribes the Prytany in any ordinary year nearly always coincides with the corresponding month, serves to prove that in 307/6 b.c. there were still only 10 tribes. See Kehler in Herm. 5, 349 ff. C.I.A., II. 335, shows the official place of the Antigonis and the Demetrias in the lists. See Dittenberger in Berm. 9, 399, and J. E. Kirchner, N. Rhein. Mus., 1892. 200 Gilbert I. 190-1.] Phylau [Gilbert II. 222-3. some time there were 13 tribes. In 200 B.C., when the 'ArraAt? was created in honour of king Attains I., the Antigonis and Demetrias were abolished, and the number of the tribes again became 12.^ In the official order of the tribes the Ptolemais took the 5th, the Attalis the 12th place.^ The eVwj/v/xot of the Phylai were called in unofficial language ap^yfyirai] statues representing them were erected on the slope leading up to the Acropolis and Areopagus ; they , , had also special shrines in which heroic honours were paid to them.^ They also possessed property consecrated to them, chiefly parcels of land, which were let out on lease."^ At the head of each tribe stood, several iTrLfjLeXrjTal rrjs v\rjs, 1 From the inscr. published in the 'E0. dpx-, 1887, p. 177, it appears that under the archonship of Diodes there were 13 tribes and a council of 650 members. Since this inscr. can only have been made, in the period between the creation of the Antigonis and Demetrias and that of the Attalis, it is a very plausible inference that the Antigonis Demetrias and Ptolemais existed side by side for some time, and that the two first were abolished when the Attalis was created. See Philios 179 ff. For the list of Proedroi in 'Adrjv. 6, p. 271, no. 4, the explanation I suggested in Phil. 39, 373 ff., will not hold good, and some other must be found. See Spangenberg, de Athen. puUicis institutis aetate Maced. commutatis, p. 34/5, Halle, 1884 ; Beloch, in the Jahrb. f. d. Phil, 1884, 481 fF, ; Philios 182, 3. Ace. to Paus. 1, 8, 6 ; 1, 6, 8 ;■ 1, 5, 5 the Ptolemais was founded in honour of Ptolemy Philadelphos (285-247) ; ace. to Beloch, who argues from the datum that the Ptolemais and the Demos Berenikidai (cf. Steph. sub v.) were founded simultaneously, it was in honour of Ptolemy Euergetes (247-221). Foundation of Attalis in honour of Attalos I., Polyb. 16, 25 ; Liv. 31, 15 ; Paus. 1, 5, 5 ; 1, 8, 1. 2 For the position of the Ptolemais and Attalis in the official order of the tribes cf. C.I.A., II. 465, 471. 2 Paus. 1, 5, 1. Wachsmuth 1, 165 ; 2, 1, 243 ff. 'EinloyvfjLOL is their usual name (cf. e.g. Suid. s.v.) they are called apxny^rai by Aristoph. ap. Lex. Seguer. 449, 14. Among special shrines of the Eponymoi, who naturally all had their Heroa, I may mention the 'linrodibvTiov on the road to Eleusis : Paus. 1, 38, 4; C.I.A., II. 567b; the hpbv toO Uavdiovos: C.I.A., II. 553, 556, 559, 554b, whose priest is mentioned C.I.A., II. 1179, 554b; the lepbv tov K^KpoTTos : C.I.A., I. 322, col. 1, 1. 9, 58, 62, 83 ; 324a, col. 2, 1. 24 ; III. 1276. 'Apx- SeXriof, 1889, p. 11 = Bull. 13, 257 ; the Aiyeiov : Harp., s.v. Lex. Seguer. 354, 8; Paus. 1, 22, 5. A iepeds of Erechtheus: Bull. 12, 331. 'ArrdXou €7ro}v6fji.ov : C.I.A., 11. 1670, III. 300 ; a lepeiis rod iiruviifjiov : II. 393, 431, cf. II. 1^64. 4 Cf. Dem. 24, 8. (Dem.) 58, 14. The presidents of the Erechtheis are to have supervision over the lands leased: C.I.A., II. 564; see also 565. In Samos has been found a 8pos refji^vovs iiruv^fMujv ^ Ad'fivr]d{e)v : C. Curtius, Inschr. u. Stud. z. Gesch. v. Samos., p. 9, Ltibeck, 1877. --■^^'"''^'T'W^^ 201 /^ OT THV UNlVEIv 2/^ CALIFO^i Gilbert I. 191-2.] Athens. [Gilbert II. 224-5. who were chosen annually by the Phyle, probably by election/ Constitution and were bound to give in accounts of their year of of thePhyiai. office at its expiration.^ The c7rt/xcAr;rat t^s <^vX^5 had in their hands the administrative business of the tribe, and had to see that the decrees passed by the tribe were carried out. Among the particular tasks incumbent upon them are mentioned holding the tribal-assemblies, supervising the property of the Phyle, recording and publishing tribal decrees, receipt of rents, and, if necessary, distraint against the tenants, and payment of moneys voted by the Phyle. In their financial business they were assisted by a ra/^itas.^ The members of the various tribes assembled on fixed dates in Athens in tribal assemblies called dyopat, where they voted in secret on matters concerning their particular tribe.* These tribal ayopai elected their own officials, and also a special class of state-officials who, as e.g. the extraordinary^ tuxottoiol^ Taa.vl^ovTa^ ret 0i;Xei 6'rav dyopdv VOIUXTIV. 5 ^sch. in Ctes. 27, 30. As a rule the Boule appointed from among its own members a committee of 10 rpiripoTroioi. Of. Arist. 46, 1 : Trotetrat (^ /SouXtj) 8^ tcls rpt-ripeis S^ku dvdpas i^ a[vTu}v] eXofiivrj Tpirjpoiroiovs. (But Sandys following Kenyon reads dlirdvTOJv].) 6 Dem. 39, 7 ; 21, 13. Antiph., de ChoreuL, 11 ; cf . also 13. 202 Gilbert 1. 192-3.] Phylai: Demes. [Gilbert II. 225-^. preserved, most are decrees of honour, sometimes in favour of Choregoi, praising them for excellent performance of their Chore- giai, granting them crowns or even Ateleia either temporarily or for life ; sometimes other private individuals are honoured in the same way for various reasons.^ There are, however, some Phyle decrees which have reference to the administration of the property of the Phyle.^ Each Phyle was composed of a number of Demes. Whether these were originally 10 in each Phyle can neither be affirmed nor denied with certainty. In later times at any rate the total number of Demes had risen considerably above 100, for we have literary evidence that there were 174 of them, and the Demes known to us by name outnumber even this.^ It goes without saying that the Demes varied considerably in size. Acharnai, for instance, and the metropolitan Demes certainly had a very large number of inhabitants, while on the other hand at a Diapsephesis in Halimus only 73 demotai were present, and at Myrrhinus the quorum at a meeting of the Deme was 30 members.^ * Decrees of honour to Choregoi : C.I.A., II. 553, 554 ; to a o-wcppovLo-T-ns : Bull. 12, 149. Decrees granting Ateleia one for several years, the other for life, in return for leiturgies: II. 557, 554b. Other decrees of honour: II. 555, 558, 559, 562, 567. Cf. also iEsch. in Ctes. 41. 2 Tribe decree concerning supervision of tribe property : C.I.A., II. 564 ; for letting the same : II. 565. 8 For the administration of the Attic Demes cf. Otto Muller, de demis ^ Att.y Gottingen, 1880. B. HaussouUier, la vie municipale en Attique, Paris, Thorin, 1884. 100 Demes the original number: Hdt. 5,69. Herodian, t. fi. X^^., p. 17, 8 : 'Apa(pr]v eh riav cKarbv rfpibup. Cf . Sauppe, de dem. urh., p. 5. But see p. 147, 1 and Strab. 396 : 'EXevaivd re eliruiv iva tCov eKarbv i^dofi-^Kovra S-fifKav vpbs 8^ Kal TeTrdpuu, ws (fiacriv, ovdiva twv dXKwv (bvofiaKev. Kohler's suggestion in Mitth. d. dtsch. arch. Inst., 10, 108 ff.', that the increase in the number of Demes took place by a single act of the sovereign people at the time of the second founding of the fleet by Themistocles and the in- stitution of the Trittyes, now loses its main support through the discovery of the fact that Cleisthenes had already created the Trittyes before. Cf. Arist. 21, 4. * Acharnai the largest Deme : Thuc. 2, 19, 20. See Herbst in Phil., 46, 571 ff. Piraeus was divided into a number of rpiaKaSes : C.I.A., II. 589. For Halimus cf. Dem. 57, 9, 10, for Myrrhinus C.I.A. , II. 578. I do not think it probable that the 30 demotai at Myrrhinus had to be unanimous for their resolution to be valid, as Szanto, Untersuch. ilb. d. att. Burgerr.., 33 ff., thinks. To judge by the Prytany lists there must have been in Attica Demes which kept aloof from public affairs, and were not repre- sented in the Boule. See Kohler, in Mitth. d. dtsch. arch. Inst, in Ath.y 4, 105/6. 203 Gilbert I. 193-4.] Athens. [Gilbert IL 226-7 As in the case of the Phylai, so the Demes also had their especial Eponymoi worshipped in the Deme as heroes.^ The Attic demes were communities with communal constitu- tions, but without separate political rights ; the Deme of Eleusis Constitution was the only one which still retained from the period of the Denies. Qf j[^g q\^ autonomy the right of coinage.^ The entire citizen population of the individual Demes was divided into SrffxoTai, members domiciled within the Deme concerned, and the so-called lyK^KTrjiiivoi^ who merely resided in the Deme concerned but had their proper domicile in another Deme. In return for the privilege of residing in a Deme not their own the iyKeKTrj/xivot paid a fixed contribution called lyKT-qriKov^ from which they might indeed be released by decree of the Deme, but even in that case their status in the Deme remained that of strangers.^ The eyKTryrtKoV, together with the financial contributions of the Demotai and the revenues from the communal property of the Deme (which consisted mostly of landed estates, let out to tenants), formed the funds of the Deme treasury out of which the communal expenses of the Deme were met.* For the communal government of the Deme no universally valid scheme can be made out.^ All Demes had a Srjfxapxos or president, * Sauppe, de demis urh., p. 6 ff., gives a collection of alLthe known deme- eponymi. Cf. C.I.A., II. 1191, found at Ehamnus, which, mentions a lepevs ripwos apx^iy^TOV. 2 For Eleusis see Kohler in Mitth. d. dtsch. arch. Inst, in Ath., 4, 261 ff. ^ Dem. 50, 8 distinguishes drj/j-STaL and iyKCKTrjiuLivoL. C.I.A., II. 589= decree of Piraeus in honour of Callidamas from ChoUeidai : reXelv 5^ avrbv TO. avTCL t^Xt] iv t($ dTrj/xcp dwep Slu Kal Heipatets Kal fir] eKXiyeiv Trap avrov rbv d-^fmpxov rb eyKT-qnKbv. But that Callidamas was still not counted a Demotes follows from the words : koI avveaTLaadat KaWLdd/xavra fiera Ueipai^wv iv ciiracn rots Jepots ttXt?!' el irov avroh HeipaievcrLV v6p.Lfj.bv 4s Kvafieijeiv oaov eKdpovL(TTal and a KTJpv^j who were all employed in the -n-avvvxis of Hebe ; further a tepcvs rCiv 'HpaKXctScov, a Upeia ttjs "HfSrj's koL rrj? 'AXKfii^vrj^j and an apxoiv also in the service of those deities.^ Again, for Halimus we have evidence of a priest of Heracles appointed by lot from among the most prominent Demotai.^ A decree of Athmonon is passed in honour of 6 /A€pap;^ai, who obviously were officials responsible for the sacrifices at the Amarysia.^ The 3 iTnTLfxrjTOL or valuers at Piraeus who are mentioned in connexion with the letting of the theatre to the lessees must be regarded as a special committee for the purpose, and so also must the 3 Demotai of Aixone who assisted the Demarch and the treasurers at the sale of the olive trees on a parcel of land let on lease.^ Like the State magistrates, the officials of the Deme had to undergo a dokimasia before entering upon office, to take an oath of good conduct in their office, and also to render their accounts it is decreed that if any Demotes took wood, faggots, leaves, etc., from the iepbif of Apollo Erithaseos, div dk iXeOdepos ^, dodaei airbv 6 lep€v(s) fxera tov d7}fx.apxov TrePTrjKovra dpax/J-ah Kal irapaSdocreL ToUvopLO. avrov t(J; ^acriKei Kai r-g ^ovXy Kara to xf/rjcpia-fia rrjs ^ov(\)r]s kol tov brjiiov tCjv 'Adrjvaiuv. Sacrifices offered by the Demarch : II. 578, 570. 'E0. dpx-, 1887, p. 93. He collects the fiiaddoaeLs TefxevQiv that are due : Dem. 57, 63, and also the iyKTrjTiKdv : C.I.A., II. 589. Demarch and Tamiai directed by Deme decree to make payments out of funds of Deme : C.I.A., II. 579, 585. C.I.A., II. 570, shows 2 Tamai, but at Eleusis there seems to have been only one : II. 574 ; in 'E0. dpx- 1884, 73/4 payment is made by the Demarch at Eleusis. C.I.A., II. 570, shews that the ra/xiai at Plotheia were chosen by lot. That there was an dvTLypa4>evs in all Demes, cannot be inferred with certainty from the solitary example of Myrrhinus in C.I. A., II. 575. * See HaussouUier, 136 ff. for the priestly officials, 151 ff. on the sanctuaries and cults, 162 ff. on the festivals of the various Demes. 2 C.I.A., II. 573b : dvaypd\f/ai d^ rdde t6 ^■f]J5, who checked the accounts, lastly 10 elective crw^yopoi, who gave their verdict by ballot after being sworn in by the Demarch, who also presided over the tribunal. From this verdict appeal could be made to the assembly of the Deme, which gave the final decision under oath. In case of condemnation by the assembly of the Deme the fine previously imposed was increased fifty per cent.^ In all affairs of the Deme the final decision rested with the Deme-assembly or ayopa.^ That body decided both judicial and administrative matters. Judicial decisions took place at the €vdvva of the Deme-officials under certain circumstances, as we have seen. Again, in a decree of the Deme Piraeus mention is made of a court of justice, from which the Demarch obtains confirmation of an iTrtjSoXrj imposed by him, he himself acting as ela-ayoi-yevs ; this court is to be identified with the Deme-assembly.^ In Aixone the Deme-assembly acted as a court of arbitration in cases brought by the Demarch, who, as representative of the Deme-interests, was assisted by crwSt/cot, against those who had covenanted to pay iwofxiovj but had for ^ Dokimasia of Deme-officers: Dem. 57,25/6. 46.47. A fragment of a Deme-official's oath on entering on office is contained in a decree of Scam- bonidai of the 5th century : Kal tol Koiv{a) tcl 'ZiKa/j.^uviSCov crww Kal dirodiacru} irapa rbv eWvuov rb KadrjKov. Kirchhoff conjectures that the officials who took this oath were the iepoiroioL. Cf. also C.I.A., I. 2. Oath of the eUdwo^ and \oyi\\a were used as -iprjcpoi at the ballot. Suid., s.v., also says- that the voting took place Kpv^8r]v. Cf. also Harp., Suid., Hesych., s.v., Lex. Seguer. 439, 32. * Dionys., Hypoth., to Is. 12 : i^eraa-iv yevicrdai tQu ttoKitCjv Kara S-r/fiovs, rbv 5^ dxo\pr}(})LcrdivTa viro tCjv drj/xoTuv rrjs TToXtrei'as /ii) fierix^'-f '''O'S ^^ dStKias diro- xj/rjcpLcrdelcnv ^(peaiv els rb diKaaTTf)pi.ov elvai, irpoa-KoXeaafMhois roiis SrjfjLdTas, Kal idv TO deOrepov i^eXeyxdi^cn, ireirpdcfdaL avrovs Kal rd %p?7yuara ehai 5-r]p.6(na to which may be added from Lex. Seguer. 440, 3 : e^ 5^ iKpdrei, dvekajx^dveTo eh Tr)v TToXiTeiav. The matter could also be brought before a Diaitetes after the d-i.a\l/r)(pL(Tis, and before it came before the heliastic court. Cf. Is. 12, 11. The case is brought against the Demarch and Demotai. Cf. Is. 12, 11. But nevertheless the representative of the Demos has the first word, and is therefore accuser. Cf. Dem. 57, 1. 4. For judicial proceedings of this kind see Dem. 57, 60 ; iEsch. in Tim. 77, 78. 114. 2o8 Gilbert I. 198-9.] Denies and Trittyes, [Gilbert II. 198-9. Deme that the Demotai had to take an oath before voting.^ Further, all the more important decisions affecting the adminis- tration of the Deme were passed by the Deme-assembly. The Deme-decrees we possess shew that this assembly decreed crowns, proedria, ateleia and exemption from k-^Kr-riTiKov ; made rules for the auditing of the accounts of the officials ; passed measures about the leasing of the estates of the Deme; voted out of the yearly revenues specified sums of money for specified purposes, and laid down general directions for the management and use of the com- munal property of the Deme.- The T/3iTTi>€s instituted by Cleisthenes were intermediate in size between the Phylai and the Demes, They were undoubtedly uniform in size or nearly so, and formed therefore a Trittyes. more convenient basis for the distribution of State taxation than the Demes which were so unequal to one another. Every Phyle was divided into 3 such Tptrrvc?, which again were divided into a number of Demes, varying according to the size of the Demes. The Trittyes known to us are as follows : in the tribe Pandionis, natai/icts, MvpptvovVtoi, and probably KvSa^ryi/aict? ; in Acamantis, Kepa/xcLs ; in Oineis, AaKiaSat, ®pias TeX(e)i;Ta Heipaidv S^ rpiTrds Apx^rai : Dittenberger 299 = C.I.A., I. 517. Cf. also Hesych., 'PwTrfru from pwiriJTis. See Gmil Szanto in Hermes, 1892, p. 312 sq. G.A. 209 P Gilbert I. 199-200.] Athens. [Gilbert II. 2B2-4. of the Trittyes, witli a rpiTTvapxos at the head of each, was after- wards used mainly for military purposes. ^ Another kind of subdivision of the Athenian burgess body was the cf>paTpLaL or (fiaTpcai, reorganised by Cleisthenes. Of such Phratries we may now regard as attested by inscrip- tions, ^Axvid^oLi and ArjixoTLwvLSat with certainty, by restoration ©eppt/cwvtSat or ©cppt/ctaSai, and with some probability AvaXetg.^ At the head of the Phratry stood, as a rule, a Upevs of the patron god of the Phratry, and also the (f>paTpLapxo<;, who was elected by the Phrateres or members of the Phratry, and had custody of the kolvov ypa/x/xaTctov, managed the business of the Phratry, and presided at its meetings. In the larger Phratries there may have been several cftpaTpLapxot.^ Every Phratry had its own place of assembly, where its religious central point was situated, and could pass resolutions which were valid so far as the authority of the Phratry extended,^ 1 Ace. to ^sch. in Ctes. 30, the Trittyes elected officers, ra dri/Moaia xpvI^olt^^ diaxetpi^eLv. That they served military purposes seems to be shown by Plat., i?ep., 5, 475, where Socrates says to Glaucon : /cat fi7]v (pcXoTifjiovs ye, ws ^ycpfxai, Kadopas^ 8ti.^ au /mt] (xrpaTrjyrjaaL dvvojvTai, rpiTTVapxovai. In the proposi- tion of Dem. 14, 23, each Trittys was to supply crews for 10 ships. Kirch- Iioff makes C.I.A., I. 517 refer to this. C. Schaefer, in MittJi. dtsch. arch. Inst, in Ath., 5, 85 if., seems to make too much of the military importance -of the Trittys. In late inscrr. (first instance 299/8 b.c), the rptrTvapxoL in conjunction with the i^eracxTris supply money for erecting inscr.-stelai : G.I.A., II. 297, 298, and statues : II. 300. 2 For the Phratries, cf. 148 ff. 'Ax^-iaSai : C.LA., II. 1653 ; Mitth., 12, 287 ; A-nfiorMvlbar. C.I.A., 11. 841b: Ind. Schol. Goett. 1890/1, p. 3; eeppLKuvidai, Mitth., 2, 186, or eeppt/cidSat : II. 1652 ; Ai;aXe?s : II. 600. ZaKvibaL (II. 1062) and 'EXao-fSat {Ltd. Schol. Goett. 90/1, p. 11) may just as probably be families. It does not necessarily follow from ^sch., Fals. Leg., 147, that the Phratry -to which the Eteobutadai belonged was called by their name. Sauppe, de phratriis Att., 10 ff., Gott., 1886, counts the KrjpvKes and the TiTadiai and ^vfyycavidai among the Phratries, on the authority of Et. M. 760, 33 sqq. C. Schaefer in the Pforta Frogr., 1888, p. 30 ff., regards 'Axviddat, AvfJ-oTLuuidai and QeppiKOividai as complexes of several Phratries. 3 A t€pei>s of Zei)s ^pdrpLos : Ind. Schol. Goett. 90/1, p. 3 ; ^parpiapxa^ : C.I. A., II. 599. 841b, Ind. Schol. Goett, ib. For the functions of the (pparplapxas see especially the inscrr. last quoted. Two (ppArptapxci, in the koivov AvaX^uv : II. 600. Dem. 57, 23 shows that the (pparpiapxos was elected ; II. 841b, that the KOLvbv ypafj.fj.are'iov was in his keeping. * Phratry-decrees, C.I. A., II. 598, 599, 600, 841b ; Ind. Schol Goett. 1890/1, p. 3 ft. ; C.I.A., II. 599 was set up {ifiirpoaeev t)oO (pparp^iov), 841b, irpbcdev toO jSoj/Aou Ae/ceXeiScrtv. Cf. Steph. Byz., (pparpla' Xiyerai Kai t/ipdrpLOv rbiros, iv y ol TTJs airrijs ^paTpias (yvvdyovrai. Cf. also Poll. 3, 52. A meeting of the Phrateres is called dyopd in Ind. Schol. Goett., p. 4, 1. 85. 2IO Gilbert I. 200-201.] Phratries, etc. [Gilbert II. 234^5. There seems sufficient evidence to prove that the Ionic tribes continued to exist, nominally at any rate, even after ph to- the reforms of Cleisthenes.i It is natural enough in itself, and also attested by express evidence, that the old families or clans continued in existence after the time of Cleisthenes, though without retain- ing any political importance.^ As a rule each geaos was headed by an a/ax^v tov yeVoi;?, and other officers also are mentioned. 3 These old families still kept their lists of members after Cleis- thenes, as they had done before, and in those lists the new-born children were entered.* It was in itself allowable for the newly instituted Biaaoi to keep lists of members and to enrol the names of new-born children in these lists at the Apaturia. But since the BiacToi had no family traditions, and the lists would have only private importance, it is not very probable that such lists were kept by them at all. The cult of Zeus Herkeios and 1 In an inscr. composed before the establishment of the Hadrianis, C.I.A., III. 2, mention is made of a ZeiJs Vekiwv, who, however, ace. to Benfey in the Gbtt. Nachr.^ 1877, p. 1 ff., may simply be Zeus the god of lightning, from yekeLv, which, ace. to Hesych. = Xd^tiTretj/, a word used of lightning. In the Bulletin, 1879, 3, p. 69 = C.I.A., II. 844, in an Attic inscr. of the 4th cent, payments for sacrifices are made iK rdv ^vKo^aaCkiKHsv, which again speaks for the continued existence of the Ionic tribes. See also Droysen in Herm. 14, 587. Philippi, Beiir., p. 168, 172, also agrees that they still survived. Arist. 57, 4 shows that there were still (pvXo^aa-tXeh in Aristotle's day. 2 Arisfc. 21, 6. The latest treatise on Attic families is Toepffer, att. Genealogie, 1889. For such families becoming extinct, Isocr. 8, 88. 3 Tor the internal constitution of the yipr] see Dittenberger in Herm. 20, 7 ff. Toepffer, att. Geneal., p. 20 ff. One &px(^v of the Eumolpides and Kerykes; 'E0. dpx-, 1883, p. 83, and so also perhaps in C.I.A.. II. 605, where Toepffer reasonably considers apxovra a stonecutter's blunder for dpxovrai. "Apxoiv of the Amynandridai : C.I. A., III. 1276; of the Bacchiadai: II. 1325, III. 97 ; of the Salaminioi : Mitth., 4, 265. For the method of appointment of the Epx^^v we have two pieces of information : 'E0. apx. 1883, p. 83 : toi>s dpxovras roijs del KadLcrrafi^vovs i^ eKaripov tov yevovs. 'Ad-qv. VI. 274 : {t)ov del \av{x)<^vovTa. &px{ovTa tov yiv)ovt. These are not sufficient for definite conclusions. A Tafxlas of the Amynandridai : III. 1276 ; of the Eumolpidai: III. 5. 'Apx'fpe'^s 'fa^ l^ve{dpx'r)^) of the Kerykes: III. 1278; iepofxvrifioves in the family of the Salaminioi: MittJi., 4, 265. Decrees of families occur in C.I.A., II. 596, 597, 605. 'E0. d/)%., 1883, 83. * Enrolment of a child among the yewTp-ai is attested by Is. 7, 15-17, 43 ; in the case of the Brytidai by (Dem.) 59, 59-61 ; the Kerykes, Andoc, de MysL, 125 sqq. See also Philippi, Beitr., etc., p. 168 ff. 211 Gilbert I. 201-2.] Athens. [Gilbert II. 235-6. Apollo Patroos was common to all the families, as also to the There still survived from ancient times a number of federations of communities for religious purposes, of which I will here mention Reliffious ^^^7 ^^® three attested by inscriptions : the 'ETraKptcis, Unions of the Mecroyeiot and the TerpaTroXcts. There was an apxdiv at the head of the Mco-oyciot and the TerpaTroXcis.^ Beside these associations instituted by the State and either still possessing constitutional importance or retaining recollections Private and survivals of it from former times, there was at Associations. Athens, as a result of the unlimited freedom of associ- ation permitted there, a considerable number of private societies. In a law attributed to Solon we read of ^tao-wrat and opycwi/e?, dining-clubs and burial-clubs, shipping, trading, and privateer com- panies, whose agreements or bye-laws were binding on all their members provided they were not contrary to the laws of the State.^ Among these associations the OLacronai and opycwvc? occur most fre- quently, and next to these, what are not mentioned in the so-called Solonian law, the cpavtorrai.* However we are not in a position to draw a clear distinction between these various associations. Even the epavoL, which originally simply provided banquets at the expense of all the members, obtained later, judging by the inscriptions, a * The 'AttoXXojvos Trarpc^ou Kal Aibs ipKeiov yevvTJTai mentioned in Dem. 57, 67, are an old family. See Philippi, Beitr., 169. But the Dokimasia of the Archons shows that the Oiaaoi also worship both those deities, cf. Arist. 55, 3; Poll. 8, 85, cf. Harp. Ip/cetoj ZeiJ? ; Suid., Phot., s. verb. ; Harp., 'A7r6XXwj' irarp^os ; Plat., Eutliyd.^ 302. 2 See page 99. The "EiraKpieis are attested by a decree of the Deme Plotheia : C.I.A., II. 570. We possess several decrees of the Meabryeioi : II. 602, 603. The latter gives as religious functionaries top iep4a toO 'EpaK\(4)- ovs Kal rbv toC Ai6/xov Kal roi/s fiv-qfiova^ Kal rbv Trvpcfybpov Kal rbv Kopayuybv Kal Tbv K-qpVKa Kal rbv irdrpiov. Decree of the Tetrapolis, in a fragmentary state : II. 601. Cf . also the dedicatory inscr. C.I.A., II. 1324 : Terpairb'Kees ry Aioviai^ iv^deaav, Av(ravlas KaXXiou TpiKop^aios ^px^^- 'lepoiroioi' ^av68iopos Mapa^wwos, MeXdvuTTOS TpiKopuaios, ^{a)voK\rjs OlvaioSy 'AvriKpdrTjs Upo^aXia-ios. 8 Gains, Bk. 3, Dig. 47, 22 quotes as a Solonian law : edv 5^ dijfios ^ (ppdropes ^ lepd'v opyeQves (for opylwv) i) vaOrai ij s ^tXtos : II. 1330. 3 Decrees of 6pyeCive%: C.I.A., II. 610, 618, 619,621,622,623, 624,627. Mitth. 9, 288. Decrees of ipavKTrai: II. 615, 616, 617, 630, cf. 1330; of ^tao-wrat: n. 611, 613, 614, 620, cf. 1329, 1331. Their meetings were called dyopal. In II. 610 an dyopd of the opyeuiyos is to take place ry Sevrepa larafxivov rod firjvbs eKda-Tov. In other cases we often find in decrees of opyecopes the phrase, Movvvx^vvos dyopq. Kvpta: II. 610, 619, 621, 622, 623, 624; dyopd Kvpia tlov eiaatarCiv. II. 611. The officers mentioned in the text occur in inscrr., some- times all together, sometimes separately. See also C.I.A., II. 1326, 1332, 1333, 1334, 1337. In the case of ipavcarai we find mentioned besides these a irpoepavLcTpio. : II. 617, and an dpxepaviarrjs : II. 630. e^dvva of religious functionaries: II. 611, 617. On the organisation of these societies cf. Foucart, p. 5 ff. * C.I.A., II. 610, line 17 : didovaL d^ (to?s l)epoiroLo2s els ttjv dvaiav V V dpax/J-cLS eKaarbv t(3v dpyedjvuv K.r.d. Payment of the contribution is a necessary con- dition of membership : II. 630. The Et/caSetj have Koivd, d4> Cov rd lepd toTs 0€ocs diovaiv K.T.d : II. 609. ^ On admission and the oath at admission see C.IA., II. 610 1. 20 sqq. An oath mentioned : II. 609, 616. The enrolment of new members on the list was accompanied by a dokimasia. II. 610 1. 22 : T(oi>s 5^ yeypafifi^vovs els rrjv tjTTJKtjv 8o{Kifji,d^)€t.v Toi/$ dpyeu}vas. 1. 1 ff. birbaoL ev ttj^i aT7]\)7){i i)y{y€y pa)p.p.ivoi. 213 Gilbert I. 203-5.] Athens. [Gilbert II. 237-8. societies styled themselves sometimes by the general terms opyecoj/cg ^tao-wTttt or ipavLo-Tat, sometimes they had also special names. ^ Other private guilds were the dining and burial-societies, ava-cTLTOL and 6/xoTa<^ot. About the former we know nothing ; the latter were burial-societies, some confined to separate families, others not.^ Mention must also be made of shipping, trade, and privateer associations, the first two of which were probably often owners' societies and trade companies, while the privateer associa- tions would only be formed in time of war. We have evidence from inscriptions of a guild of the TrXwrj^ and a kolvov tw ipya^ofX€V(iiV.^ 2. The Ministers of the Government and the Sovereign Power of the State. A. The Magistrates. (a) General. The Athenian magistrates ^ {apxovreg, dp^aO fall into two main ^ divisions, which can again be subdivided into particular classes. ' Classificatio ^^^ ^^^^ main divisions are the ordinary and extra- ofthe ordinary officials. Of these the former, who were ra es. ^gg^^jg^j-iy chosen annually, and who transacted busi- ness distinctly prescribed by the constitution, were either elected or chosen by lot. The extraordinary officials, who were chosen in cases of necessity, and who undertook any duty imposed upon them by the voice of the people, were of 3 classes, (1) overseers of I the public works, (2) those entrusted with the completion of some elalu 7) To{i>s t)ovto3v eKyouovs would seem to show that sons were eo ipso members of the Orgeones to which their father had belonged. In an inscr. from Cnidos also quoted in Liiders, p. 163, no. 38, sons are admitted to the dlacros. 1 E.g. Ei/ca5e?s: C.I.A., II. 609. ZapairiaaTal : II. 617. 'B.poXpovpoL, were placed in the hands of the tribes. From those thus nominated, the 9 Archons then nominated the officials by a lottery held in the Theseion, and if any failed to pass the dokimasia, others were subsequently nominated in a * Compare the remarks on the several offices. The Hellenotamiai, about whose method of nomination we know nothing for certain, seem, C.I.A., I. *259, 260, to have been nominated with regard for the tribes, while I. 188 the Acamantis and the Aiantis are twice represented in the college. Even in the case of the 9 Archons, the tribes were, taken into consideration. This supposition of Sauppe, de creat. archont. att. Goett., 1864, is now confirmed by Arist. 55, 1 : [vdv] 5k KXrjpovaiv deajuLod^Tas fikv 1^ /cat ypafx/mr^a ro\jTOLS, ^Tt 5' dpxovra /cai jSacriXea Kai Tro\4/J.apxov Kara fxipos i^ eKdarrj^ (rijsy ^ For the method of nominating the 9 Archons introduced in 487 see Arist. 22, 5. Comp. p. 153. In place of this they reverted to the method introduced by Solon, about which Arist. 8, 1 says : irpoijKpLvep S' els roi/s ewia dpXovTas eKaaTT} (namely ^{i\r}) Se/ca Kal to^Ituu eKXjrjpovv 6dev ^ti Siafi^vei Tois (pvXais TO d^Ka K\r)povv eKdarrju, eXr iK tovtojv Kva/xeveiu. For the interven- tion of the tribes at the nomination of the 9 Archons see the preceding note. With regard to the other officials elected by lot cf. Arist. 62, 1 : at de Kk-rjpbjTal d[/)x]at irpbrepov fiev ^aav ai ^ikv jxeT ivv^a apx^vruv [iK] rrjs (pvXijs 6X775 KXrjpo^ifxevaL, at d' eu Qrjcre'n^ KKripovixevat SiripovvTO els rods d'/ifM[o]vs' iTreidi] 5' iirdiKovv oi 8i^fioi, Kal ravras €k ttjs cpvXijs 6\t]S KXrjpovai irXrju ^ovKevrCov koI (ppovpQu. tovtovs- 5' eis rods drj/xoras airoMoaai. In the time of ^schiiies, the 9 Archons- selected by lot all those officials in the Theseion : ^schin. in Ctes. 13. For ■^schines evidently takes the deffpLodirai for the 9 Archons, oh the analogy of the election by lot of the dicasts by the 9 Archons (cf . Arist. 59, 7 ; 63, !)► That for every official elected by lot, a substitute had to be also elected by lot at the same time, as Harp. iirCKaxi^v thinks, is probably only true of the Bouleutai. A bye-election by lot was held when magistrates had failed to pass the dokimasia or had died. See Lex. Seguer. 256, 3, (Dem.) 58, 29 and especially Lys. 26, 6. Kohler wishes the phrase iirl Nikioo dpxovTos vaTe{pov) C.I.A., II. 299, to be taken as evidence for an e7rtXa%wj' of the apx^^v^ on the strength of a fragment of a decree of the people in the Mitth. d. dtsch. arch.. Inst.^b, 326 (eTTi Ntfftou ap)xovTos ■u{)s ^ovXevrds tovs tov varepov ivLavrbv ^ovKeidovra^ /cat ro!>s evvia apxovras. Kal irpdrepov fxku ^v diro^OKLfxdaaL Kvpia, vvv de ^/cat^ tovtols 'i(f>eai$ icrriv ets rb dLKaaTTjpiov. tovtwv fikv odv &Kvp6s €s ep/cetos Kal irov raura rd tepd iaTiVj etra ripLa el '4p7](pi^€a6ai irepl avTWP, iVa, &v rti irovrjpbs wu aTraWd^rj toi>s KaTr]y5povs, iiri to7s dLKaarais yivrjTai, toOtov dwodoKt/xdaat,. The Thesmothetai as eia-ayuyeU in the Dokimasia before a court of law : Lys. 15, 2. Poll. 8, 88. 2 The authorities for this are Arist. 47, 1 ; Poll. 8, 97 ;Lys. 24, 13. Et. M. dipeX-ns. (Dem.) 59, 75. Dein. in Dem. 71. The Thetes do not seem to have been excluded by law from the archonship, at any rate in the 4th century, although the expense connected with it perhaps deterred them from stand- ing for the office. See Lys. 24, 13. (Dem.) 59, 72. Beyond this Arist. 7, 4. says nothing : 5t6 kuI vvp iTreiddp ip-qrai top /xeXXopra KXijpovadai tip' dpx^v, iroiov T^Xos reXe?, ovS' &p els etiroL drjTiKSp. ' See Lys. 16, 9 : ev 5^ rdts 8oKifMas aaTparevrovs KaraXe^eiv : Lys. 9, 15. The obligation of not allowing themselves to be bribed, seems to follow in their case from Dein. in PhiloTd. 2. For the addition to the oath of the Strategoi in the Peloponnesian war, see Plut., Per., 30. For the stone of witness see Wachsmuth, d. St. Athen., 2, 1, 351/2. ^ The account given in the text rests on Arist. 55, 5 : Poll. 8, 86, and on the statement in Dein. in Philokl. 2, that the oath of the Strategoi was given fj-era^v tou e8ovs Kal rpaire^ijs, where edos, according to Bergk, ihid., 456, is the statue of Athene Polias (see Lex. Seguer. 246, 3 : e'Sos avrb rb dya\fj.a) while I associate the rpdwe^a with the note in Poll. 10, 69, that in Aristophanes' Georgoi, occurs the term rpaire^ocpdpos before evt tou t^v rpdire^av (pepovros, fj eirrjcrav rots dpxovai at fivpplvai. For the sj^mbolic meaning of the myrtle-wreath for the officials see Lys. 26, 8. Phot. pL^pptPos ixvppivQiv. Hesych. fxvppLvQu. The apocheirotonia of an official is the taking away of his wreath. See Dem. 26, 5. (Dem.) 58, 27. ^ See Lex. Seguer. 245, 20 : eiaLT-fipia dvcrias ovofxa, orav ^ovXeveiv ^ Srav apxeiv Tis x^'POT'O'"?^??' With this I compare (Dem.) 59, 72, where it says of Stephanos's dealings with the dpxoop /SocrtXeiys Theogenes: a-vfiirapayeuSfievos avT(^ doKLpxt^ofiiuip Kal \T}T(2v) eis, 8s to, iruiXoiixeva /Se^SatoZ. The To/Ai'at ttjs deov had an annual president. This is proved by inscriptions marking a whole year by the formula : eirl ttjs tov decvos dpxv^ Kal ^wap- X^vrwv., See e.g. C.I.A., I. 273. That the Hellenotamiai had an annual president has been generally inferred from C.I.A., I. 237, 238, 242, etc., but 188, 189 throw some doubt on the point. For the Strategoi see my Beitr., etc., p. 38. The publicity of the deliberations I gather from (Dem.) 25, 23, for the cases mentioned there are obviously exceptional. 223 Gilbert I. 213-4.] Athens, [Gilbert II. 249. question was put to the assembly, whether the officials seemed to them to be doing their duty well. Charges could then be brought against any official. If the ecclesia considered them serious, then the official in question was suspended, and the charge brought against him was brought before the Heliaia for final decision.^ Further, every official,^ at the end of his term of office, was bound to give an account of his trust, and was answerable in his person and property for any faults or negligences during his term of office. He was not permitted to leave the country before giving an account of his office, neither could he in the interval be adopted into another family, nor dispose of his fortune as he wished ; so that he could not in any way defraud the State of its public money :^ and it was not allowable, before his examination, to decree to any official a crown of honour for the way in which he had conducted his office.^ About the constitution of those bodies, before which the audits Boards of took place, our information varies according as it refers Auditors. ^^ ^j^g ^-j^^ before or after Eucleides.^ Tor the time ^ Lys. 30, 5 : dW ol ixh &\\oi ttjs avrQu dpxv^ Kara irpvTaveiav \6yov dva(p^- povai. From this Fischer in the Progr. d. Kneiphofischen Stadtgymn. in Konigsherg, 1886, 10 seq., rightly concludes that all officials had to render an account in each Prytany. Arist. 48, 3, says : [K]\7jpoOa-L 5k koL Xoyia-Tds i^ ovtCiv ol ^ovXevral 8^Ka toi>s Xoyiovfi^yovs rais dpxous Kara tt]v irpxrravelav eKdarrjv. With this I compare Arist. 45,2: Kplvei 8k rds dpxds ij' ^ovXt] rds rrXeiarai, fidXiad' 6yri, [Tr]dX[Lv] dpxei. That the epicheirotonia took place under the presidency of the 9 Archons, as has been concluded from Poll. 8, 87, is hardly likely, since the passage from Poll., a quotation from Arist. 61, has probably only reached its present place through a blunder. Examples of such an epicheirotonia in (Dem.) 26, 5. 58, 27/8. 2 von Wilamowitz-Moellendorff tries in the phil. Untersuch., Heft 1, p. 59 sqq., to prove that no real account was given by the Strategoi, at least not in the 5th century. I hold this view to be wrong. 3 The regulations for the rendering of these accounts in Aeschin. in Ctes. 17-22 ; cf also Lex. Seguer. 247, 10. 4 See ^schin. in Ctes. 9-12; C.I.A., II. 114, 329. ^ The question is interesting on account of the well-known controversy between Gottfr. Hermann on Prof. Boeckh's Behandl. d. griech. Inschr., p. 224 Gilbert I. 214-5.] Euduvai. [Gilbert II. 250-1. previous to Eucleides, the existence of a body of 30 Xoyto-rat is proved by epigraphical evidence ; they are also called simply ol TpLOLKovTo.] they drew up all money accounts required by the State, and audited the officials' accounts of their tenure of office. Besides these Xoyto-Tat we can prove from inscriptions the exist- ence at the same time of evOwoij with their TrapeSpoi.^ For the time subsequent to Eucleides the inscriptions mention as officials who took part at the auditing of accounts, Xoyto-Tat and €vOvvoi, with their TrdpeSpoi and o-w-qyopoL.^ With this Aristotle is in agreement, who speaks of 10 Xoyio-rat, 10 o-wTJyopot and 10 evOvvoL, each with their 2 irdpeSpoL, all of them being chosen by lot.^ Whether the 30 Xoyto-Tat of the time before Eucleides were after his time reduced to ten, or whether the 30 represented the three committees of ten members each, cannot be determined with cer- tainty.* 73 sqq., 220 sqq., and Boeckh in the Rhein. Mus., Bd. 1, now in the Kl. Schr., 7, 280 sqq. Boeckh's somewhat modified view now in the Staatsh. d. Ath., 1, 263 sqq. (Puh. Econ., Bk. 2, ch. 8). Recently the question has been treated by R. Schoell, de Synegoris Atticis, Jena, 1876. See in general for such a body, Aristot., Pol., 7, (6), 8, p. 192, 7 sqq. Bekker : ^Tret 5^ ^i/lul tQv dpx^v, el Kal fiT] Trdcrai, Siax^i-pi^ovcn ttoXXA tCov koivQv, avayKoiov eripau elvac ttjv XrjxJ/ofi^vTjv Kal irpoaevOvuovaav, avTTjv firidkv Siaxeipii^ovaav 'erepov KoKovai 5k to6tovs ot fxev eiddvovs ol 5k XoyLarcLS ot 8k e^eracTTas ot 8k a-wrjydpovs. ^ Accounts of the moneys due to the gods, drawn up by the Logistai : C.I. A., I. 32. Calculation of the capital borrowed from the gods, together with the interest, C.I.A., I. 273. The so-called tribute-lists in the C.I.A., I. .226 sqq. (lists of the airapxV) due to the goddess from thetribute=/ii/a aTb ToXdvTov), were drawn up by the Hellenotamiai and then undoubtedly audited by the logistai. Cf . Christ., de puhlicis populi Atheniensis rationibus, p. 28, D. i. Greifswald 1879, ol XoyicrTal oi TptdKOpra : C.I. A., I. 32, ol TpidKoura : I. 226, 228. Receiving of the report by them, I. 32 : Kal to Xoiirbv dva- 'ypa(p6vT(j}v oi aiel rafdai is crr'qX'qv Kal \6yov 8i86vt(j}v tCov re ovTiav x/>'7/^a,raji' Kal tGjv irpoaibvTWV rois deoZs Kal kdv tl d(Tr)ava\iaKrjTai KarcL rbv iviavrbv irpbs roi/i XoyLcrrdi Kal evddvas SiSovTUiv Kal iK UavaOtjvaiwv es Havad'^uaia rbWbyou 8i.8bvT(au. ^Hdvvos and his wdpebpoi : I. 34, in the Demos Scambonidai: I. 2. See also the Psephism of Patrocleides in Andoc, de Myst., 78. 2 C.I. A., II. 444, 446, for the \oyis Xoytcrras Kal rds €vd6vas 5t56vai (C.I. A., II. 444. 446) or, T0J7S re Xbyovs ivs Xoycards, the clerk of the council, not the dPTiypacpe^s^ as Schomann, op. ac, 1, 293 seq., thinks, is meant as the president of the archives, the expression irpb^rbv ypap-jxaTea being equivalent to the eis Tb fiTjrpQov. The clerk of the council handed over to the Logistai the official statistics from the metroon, where they were kept (Harp., diroShTat). In the metroon or in the adjacent bouleuterion were most prob- ably the separate Xoyto-Ti^pta (Harp., XoyiaTai — XoyLaTTjpia 5' earl rd TQvXoyiaTQv dpxeTa) and here the reports were received. Pseudoplut., vit. Lye, 26, p. 1027, Didot. He who had had no money in his control, gave the declara- tion in writing : our' ^Xa^ov ov5kv tQ>v ttjs iroXews oUt' dvrjXoiaa : Aeschin. in Ctes. 22. Fischer, quaestionum de praetorib. att. Saec. V. et IV. a. Chr. n. specimen, p. 26 sqq., D. i. Konigsberg, 1881, doubts the special eijdvva of Stra- tegoi assumed from Poll. 8, 88 (ol Oea/jLoderai eiffdyovai) Kal (XTpariqyoh evddvas. See also Hauvette-Besnault, les Strateges Atheniens., p. 56 sqq. This state- ment of Poll, is now proved to be correct by Arist. 59, 2. Ambassadors also had to render account, Dem. 19, 211 ; Harp, evdvvai. 226 Gilbert I. 216-7.] EvOvvai. [Gilbert II. 252-3. XprifidTO)v.^ If the result of the scrutiny undertaken by the logistai gave no cause for raising any accusation against the official, his account of office, after being passed by the crvvT/yopot, was sent to the court of the Heliaia with the recommendation that the official in question should receive his discharge.''^ But even after this dis- charge had been granted, three days were set apart, during which it was open to any private citizen to bring an accusation against the official with regard to any of his acts during office. This was done before the ivOwoi ; every €v6vvo? with his two -rrapSpoi received any accusations before the statue of the Eponymos of his tribe. With his rrdpeSpoL he also tested the soundness of these charges, and if he acknowledged their validity, he handed them over, if they were of a private nature, to those Deme judges who conducted the litigation of the tribe in question, but if they were of a public * Arist. 54, 2 says of the Logistai : odroi ydp elai fibvoL rots btrevd^vots \oyi f- bixevoL Koi ras eOd^iuas eis rh dLKaar'^piov elcrdyovres. kclv ixiv riva /cXeVroj'r' i^€\4y^(>}(TL, K\o7ri)u oi dLKacrral KaTaycyvdja-Kovai Kal to (jiarayyvuffdh dwoTlverai dsKaTrXovv idv M rtva 8Qpa Xa^bvra d-n-odel^dicriv Kal KarayvQa-iv ol dLKaarai, ddjpuv Tifxujaiv, diroTiveTaL 8k Kai toOto SeKaTrXovw Siv S' ddiKeXv KarayvOxriv, ddiKLOv TLfxQxnv, diroTLveTaL 8k rovd'' dir\ovv, idv [irpb ttjs] 9' Trpvraveias iKreicrrjTLS^ el 8k [i-q, StTrXoOrat TO (8ky 8€Kair\ovv ov StTrXourai. For the charges here mentioned see Meier and Schomann, att. Proc.^ 454/5. 444. 426 sqq. These are the charges which were to have been brought against Pericles, according to the psephisma of Hagnon, Pint., Per., 32 It seems according to this that the rendering of account was not then usual in the form in which it existed in the fourth century. For the work of the avy/jyopot cf . Lex. Cantabr. 672 under XoyiaTal Kal avvriyopoi : Kal &Wovs 8iKa cvvr^ybpovi, o'lTives cvvavaKpivovai toijtols Kal oi rds evdvi/as 0(.86vT€S irapd Toiirois dvaKpivovTai (for the MSS. dvaKplvovTes) irpCoTov^ elra €(pi€VTai els 8LKaaTifipiov els ^va Kal irevTaKocriovs. Cf. Schoell., ihid.^ 24 sqq. More accurate knowledge of the functions of the XoYto-rai and avvrjyopoi is gained by analogy from the functions of the audit officials of the Deme Myrrhinus, who received accounts (see Kohler on C.I.A., II. 578 against Schoell., ibid.^ 29 sqq.) in the C.I.A., II. 578 : dfivvvat (8)k tou 6pKov Kal t6v \oyL}Kivai (/cat) t{ov)s }K€V ras evdvva)s iv t(^ 8(iKa(T)T'r]pl(fi /cara tov vbp.ov. 470 1. 42. 'E0 apx-i 1887, p. 177, 1. 29/30: Kal rois evdvvas 8e8djKavXT)v TauTTju ei} elcrjyixivai els to 8iKacrTripiou ypacpai TLvks elat irepl tQ)V evdvvuv. See Andok., de MysL, 78. The eUdvvos of Myrrhinus (see Schoell, 30, 1) in the C.I. A., II. 578 has to swear : {Ka)l idv {fiot 8)oK€id8LKe'Lu, Ka{Tevd)vv{G}) a{iT)ov (/ftti TL/x'q(r)o}, o0 (a)p fj,(o)L (5)o(/f)et d^tov ehai to d8i{K)7}{ix)a. According to the schol. on Plat., p. 459, Bekker, the eUdvvoL collected the money due to the State from the officials : iKirpdffaei 8k 6 eCduvos, Saa iirl ttjs dpxv^, V Trpoa- T€TaKTai, SocpXbv TLves els to 8T]fib(nov. See also the confused note in Poll. 8, 100. The direction in the decree of the people in Boeckh, Seeurk., 146, p. 466= C.I.A., 809 6, 1 sqq. : edj' 5^ rts fir] iro-qcreL, ols ^KacrTa irpocrTiTaKTaL, i} Apxoiv ^ l8nbTr]s, /card T68e to ^Ty^ttrytta, ScpeiXiTU 6 ixt] iro-qcras fivplas 8paxi^oLS lepds ttj 'AOrjvg,., Kal 6 eiidwos Kal ol Trdpe8poL iiravdyKes avTG>v KaTayiyvwaKbvTwv t) avTol ocpeiXdvTWV is certainly a case of an extraordinary commission. Such private accusa- tions are meant in Lys. 10, 16 ; 20, 10. 2 See Lex. Cantabr. 664: dXoyiou 8iK7j' 'oTav Tivks Xa^bvTes x/"7AiaTa e^s dva- XibjxaTa 8riixb(TLa fir] Siaiv tovs Xoyovs direvrjvoxbTes (see Schoell. 27, 1) to2s StKacrTals. Poll. 8, 54 ; Suid., Hesych., Et. M. sub verb. The giving of account within 30 days after leaving office : Harp. Xoyia-Tai. For the length of time during which liability to eiidwa continued see Poll. 8, 45. 8 The first three Archons elected their irdpe8poL themselves : Arist. 56, 1 ; the eUdvvoi, on the other hand, each received two who were elected by lot for them : Arist. 48, 4. The method of the nomination of the irdpeSpoi. for the Hellenotamiai, of whom each had one irdpeSpos (see C.I.A., 1. 183. 188, 6 pryt.) 228 Gilbert I. 218-9.] Subordinate Officials. [Gilbert II. 254-5. The magistrates had secretaries, under-secretaries, heralds and servants to assist them in their official duties. Whether the secretaries, who can be shown to have assisted certain Subordinate officials, were chosen by them or were assigned to them, cannot be definitely asserted. ^ If the secretaryship in any particular department was specially arduous, an under-secretary was appointed to assist.^ Both secretaries and under-secretaries were paid.^ The profession of secretary was held in disrepute at Athens. It was natural that in course of time they should win for themselves more importance in their particular departments than the magistrates themselves, and on that account should have great influence with them. In order to limit this secretarial in- fluence as much as possible, no one was allowed to serve as under- secretary to the same office twice.* The heralds were held in the same estimation ; their services were required by the magistrates is imknown. The Archons had also the right of dismissing their irdpedpoi at pleasure. See (Dem.) 59, 72. 83. 1 I note a ypafi/xaTeiis Tiav 'EWrjvoTafMLQv (C.I. A., I. 226 sqq., 260, 315), tcDi/ rapuQv (I. 117 sq., 179 sq., 318), by whose names the boards are distin- guished and dated, a ypafiixarets tuiv ^vdeKa (Boeckh, Seeurk., p. 535. Poll. 8, 102 : see Stojentin, de Jul. Poll, auctor., p. 30), Ti3v eTna-TaTcSv (I. 284 sqq.), tQv elaaywyioiv (I. 37), tQv (rTparrjywv (II. 122), rooy eTnfi€\r]T(j}v rQv vewpiwv (Seeurk., p. 165. C.I.A, II. 811 c, 165), tcov (titwvQu (II. 335), tuv Tapawv^ rwv CLTdiVLKUfv, Twv iirl rrj diOLK'/ja-ei : 'E0. dpx- 1887, p. 187 ; tQv eixiropiov eTTLixekqrwv (Dem.) 58, 8. C.I.A., II. 61. mentions besides the clerk of the council roi>s dXXoi;s ypafi[j.a{Ti)a% rods eirl toi{s dj-rj/m-oa-iots ypd/j-fiaaLP. The secretary of the 9 Archons was appointed by lot at the same time as the Archons them- selves : Arist. 55, 1. In C.I.A., II. 861 a board of 5 officials have a ypa/x- fiareiis KXrjpcaTds, a ypafxpLarei/s aiperbs and a viroypafJi.fjt,aT€ijs. A freedman as ypa/xfiarevs : II. 772, 5. 2 A viroypafifiaTeiis rQiv deaixoderCov is mentioned by Antiph., de Chor., 35, a ■uTToypafMfx.aTeijs tcou wopLarQu, tCjv iruiKriTiav, tQiv irpaKrdpiou in Antiph., ibid., 49, and a vTroypafMfiaTei/s tQv rapuCov ttjs deov in C.I.A., II. 730. See also C.I.A., II. 1177, 1198. ^ The epistatai of the public works compute as [iKjOh^ viroypafifjiare't UvpyLwpi 'OT(p)wei AAA : C.I.A., I. 324. * Compare the expressions of Demosthenes about JEschines, as SXedpo ypap.p.aTeijs (18, 127), iravovpyo^ oStos kuI deois ix^pbs koL ypafifiareds (19, 95). According to Aristophanes, Frogs, 1183, sqq., Euripides causes every evil in Athens by his tragedies : k§t' ^k toijtuv ij/xuiv vTroypafipLareoiv dvefieaTibdr]. Dio Chrysost., 7, 258 B, says of the most ancient times of Athens : oi^Kow oii8^ iKeivoLi d(r6fx(popos rj roiaiJTr} diaira eyivero ovd^ dyevpeis ijveyKe cpdaeis voXltwv, dXXot Tcp TTavTi ^eXriovs Kul crcjcppovecrTepovs tuiv iv daret rpecpo/xivuv varepov iKKKrjaiaar^v koI diKaarSu Kal ypafxfJLaricjp, daruv dfjia Kal ^auaijaiov. Dem. 19, 200 refers to the bribing of the secretaries. For the limitation of the service of the xiiroypaixixareh see Lys. 30, 29. 229 Gilbert I. 219-20.] Athens. [Gilbert II. 255-6. for public announcements.^ Both slaves and freemen were em- ployed as subordinate attendants on the officials.^ The democratic sentiment of the Athenians precluded any special Respect deference to the magistrates, although they were magistrates Protected by law against personal injury or slander.* C The Individual Offices. At the head of the Athenian officials, both in powers and political importance, were the war officials, and among these again the a-TpaTYjyolj who had their official quarters in the a-rpaT-qydov situated in the market-place.^ The ten Athenian Strategoi were without doubt elected one from each tribe, so long as each of them commanded his own tribe ; at a later date, when the taxiarchs had become the commanding officers of the separate tribes, the strategoi were all elected from the entire burgess body without regard to the tribes.^ 1 For the guild of the heralds, who had to pass a dokimasia for their ev(pwvla (Dem. 19, 338), see (Xen.) de rep. Ath.^ 1, 18. Archipp. ap. Ath., 7. 322 A. Antiphan. ap. Stob. Flor., 74, 9. Poll. 6, 128 counts the heralds among the /Sioi, e0' oh &v tl$ dveidiadeirj. See Eurip., Troad. 424 sqq. The herald of the poletai received the comic (see Poll. 7, 8) nickname Trpartas. See Hesych., Phot., s. v. A Krjpv^ KXrjpwTds : C.I.A., II. 1198. Dedicatory inscription of a herald : C.I.A., IV. 3, 482. '0 Kijpv^ rod 8r]fj,ov of the year 332/1. 'E(p. dpx; 1891, p. 82. 2 iEschines had been a virrjp^Tris : Dem. 18, 261. Such a inrrjpeT-ns I take the 5oKifJt.a(rTris, who was under the supervisors of the docks, to have been ; he acted as judge in purely technical matters. See Seeurk. IL 56, p. 288= C.I.A., II. 791, 1. 56. Mitth. d. dsch. arch. Inst, in Ath., 5, p. 44. App. IV. c. 77 sqq.=C.I.A., II. 794 c. 77 sqq. For the services of such virrfpiraL see Dem., 25, 23 ; 50, 31. 40. 51. (Dem.) 47, 35. Poll. 8, 131 calls the T^KOdai {jir-nphai. Generally the slaves employed by the State are called drj/xdaioi. See Lex. Seguer. 234, 15. For these dTj/xSaioL see C.I.A., II. 61. Seeurk., XVI. 6, 135, p. 536=C.I.A., II. 811 c, 128 : (6) S-nixbaios 6 h {Toi% veupiois). ^ Xen., Mem., 3, 5, 16: irdre 5^ outcj TrelaovraL rots dpxova-Lv, ot Kal dydWovrai eirl Ti^ KaTacppopelv tQiv dpx^vTOJu ; Atimia was the penalty for slander or personal injury of an official : Dem. 21, 32/3 ; according to Lys. 9, 6. 9. .10, perhaps only if perpetrated during the execution of his official duties. * For the details I refer to my Beitr., etc., 2 sqq. ; Hauvette-Besnault, Les strateges Atheniens., Paris, Thorin, 1885 ; Heinr. Swoboda in the N. Rh. Mus., 1890, 288 sqq. Cf. e.g. Lys. 26, 20 : roLydproi dvrl roiriav aiirotjs 6 d^jios rals fieylcrrais Ti/ji.als TerlfXTjKev linrapx^^^v /cat crTpaTrjy€?v Kal Trpea^edetv vrkp avTuv alpovfievoL. For the arpaT-qyeiov see Wachsmuth, d. St. Athen., 2, 1, 356/7. ^ Arist. 61, 1 : x^'-poTOPOvat dk Kal rds Trpbs rbv TrdXe/xov dpxds d-rrdaas, ffTparrjyods d^Ka, m-pbrepov /xh dcf/ ^iKaarrjs t^s^ (pvXijs iva, vvv 5' i^ dirdvTiov. Poll. 8, 87 is a quotation from Aristotle. Cf. ^schin. in Ctes. 13. This 230 Gilbert I. 220-1.] Strategoi, [Gilbert II. 257. At first, apparently, the ten Strategoi acted together as a colle- giate board, with general powers of control over military matters; in the second half of the fourth century we have evidence that special duties were assigned to individual strategoi. For instance, in the second half of the fourth century there was a o-rpaTiyyos cTTi Tovs oTrXtVa?, who had the chief command in foreign campaigns ; another, ctti t^v x^P"^> "^^^ attended to the protection of the country and took the command against hostile incursions ; a third, €7rt Tr\v Mowtxtaj^'j and another ltr\ rrjv 'Akt^v, whose duty it was to see to the defence of the ports ; another again, iwl ras a-v^ix.opia';^ who nominated the Trierarchs, received the challenges to antidosis ^which occurred in the Trierarchia, and prepared those cases for judicial decision. The five remaining Strategoi had no special powers, but were employed as necessity arose.^ election of tlie strategoi ^^ airavTosv is authenticated by a series of cases in which in the same year two strategoi belong to the same tribe. These cases have now been most completely collected in Beloch, d. att. Politik seit Ferikles, 276/7. The construction indeed which Beloch, 274 sqq., has put upon this fact has been proved by Aristot. to be false. When the change in the method of election mentioned by Arist. was introduced we cannot say with precision, certainly before 441. Cf. the list of the strategoi of the year 441/440 in the Atthis of Androtion in Mtiller, fr. h. gr., 4, p. 645, and to these 8 names we must add TXavKirrjs 'A^rjviei/s and KXetTocpQv Qopaieis. See von Wilamowitz, de JRhesi scholiis, p. 13. Theories in Fischer, quaest. de praetorib. att. saec. V. et IV. a. Chr. n. specimen^ 13 sqq., D. i. Konigsberg, 1881. Belser, in the Korresp.-Bl. f. d. Gel. u. Healschulen, 1886, Tubingen, p. 13 sqq. The election by tribes which Droysen in Herm. 9, 1 sqq. inferred from Xen., Mem., 3, 4, 1, can hardly be maintained in face of Aristot. For- merly I agreed with him in my Beitr., 16 sqq. ; and so did Paulus in the Frogr. v. Maulbronn, 1883, 34 sq. ; Belser, ihid., and Hauvette-Besnault, 19 sqq. An adequate explanation of the passage in Xenophon has not yet been found. ^ Arist. 61, 1 : koI to6tovs dLardTTOvai rrj x^'^porouia, 'eva fj^v iirl roiis OTrXtra?, OS ijyeiTai rdov ottXltuju, av i^icxxxL, eva. 5' eirl ttju x^P^^i ^^ (pvXdTTeL, kcLv 7r6Xe/ios iv r^ %t6pg[ 7t7J/?7Tai, iroXefiei oSros* 56o 8' iwl rbv Ileipatea, tov jxkv els tt]v Mowtxtaj', Tov 8e els tt\v 'Akt-tju, ot tt]s 0[u]Xa/c^s iTnfieXodvrat [Kai] rC^v iv lieLpaiel' ^va 5' iirl rds (rvfifiopiasj 5s rovs re rpLTjpdpxovs KaraXeyei Kai rds dvTidoaeLS avrois iroiel Kol rds diadiKaaias avTois eladyei' rods 5k dXXovs irpbs rd wapbvTa irpdypiciTa €KirefX7rovijXa^ev ttjv elp-qvrjv ry x^Pf' diro(})aLv6p.evos alel rd KpancTTa Kai TOV (XLTov iK TTJs xc^/jas Kai to!)s dXXovs Kapirovs ai'rios eyiveTO elv iyivero irpyTavrjl-q ttjs Tj/xipas, MtXridST/ irapedidocrau, 6 d^ SeKbfxevos o^tl kw avfM^oXrjv iiroLhro, irplv ye drj avrov TrpvTavrjir] iyhero. This changing presidency is noticed also by Diod. 13, 97 ; tQu 5' 'Adrjvaicov 6 opd, which may be called a special war-tax, and, for the 7rpoet(ropd also ; they also acted as eio-aywycis for the antidosis of the Trierarchia.^ To the official duties of the Strategoi belonged also the defence of Athens against foreign and domestic foes, in which I include the preservation of the ports, city walls and fortresses,* and in a ^ The right of the Strategoi of submitting motions to the Council, appears from the Probouleuma in the Sitzungsber. d. Berl. Ak. 1888, p. 244, no. 20 : ido^ev Ty ^ov\y /cat T(p brifHj}' 'A/ca/iaKris eirpvTdveve' ''Apxi'KXrjs iypafifidreve' yvdjfxrq aTpaTTjyCbp k. t. a. Cf. Swoboda in the N. Rh. Mus. 1890, 299 sqq. They in- troduce foreigners to the Council : 'Apx- SeXr. 1891, p. 46. For the right of calling together the Ecclesia, see the record of the armistice of Laches in Thuc. 4, 118 : ^KKkqalav 5^ TroL-qaavTas tovs crTpaTrjyovs /cat roi/s irpwdvecs irpQiTOv nepl TTjs eip-^vTjs ^ovKemaadai ^Adrjvaious, and C.I.A., I. 40, where it is said of the Prytanes : (ru>'(e)%cDs 5^ ttoluv r(as eKK\7jcxia)s ^a>s &v 8i.(aTrp)axdVi ^^^o 5^ Trpoxpvf^C'- (Tia-ai TovTb})v fjLrjd^v, ia/xfiriTL oi o-Tparrjyol 8iuvTa{i). Cf. also Swoboda, 305 sq. 2 Evidence at the time of the Symmoriai, Dem. 39, 8 : rba 5' ol arpaTTjyol Tpoirov iyypdipovaiv, av ets (rv/xfiopiav eyy pdcpwaiv ^ hv Tpirjpapxov KadLaroocriv. 35, 48 : ovKovv virbXoLirbv ianv ol (rrpaTTjyoL dXXd rods rpnjpdpxovs KadiaTdaiv. Ap- pendix A. 72 ff., Mitth. d. dtsch. arch. Inst, in Ath., 4, p. 80 ; cf. -^lian., Var. Hist., 2, 10. At the end of the fourth century these duties were undertaken by the arparriybs iiri rds avpLfiopLas, of whom it is said in Arist. 61, 1 : ds to^s T€ rpiTjpdpxovs KaroKiyei /cat rds dvTi56(rets avToh irotet /cat rds StaSt/cacrias avrots eladyei. Suid. Tjyefx.ovia diKaar-qplov — t(^ arpari^yip Trepl Tpirjpapxi-as Kal avriddaebis (sc. is 5k) crpaTiqyoi)^ diaTri/xixpai avriypacpov (XcppayLcra- ixivovs T-Q d7]iut.ocri)a{t (r)(ppayi8L. 2 Yon Wilamowitz-Mollendorff, in phil. Untersuch., Heft. 1, p. 57 sqq., seems to prove that the Taxiarchs were not instituted until between 490 and 430. Belser, 13 sqq., places the introduction of the Taxiarchs soon after 479, when the Polemarch lost the conduct of military affairs, and the Strategoi were no longer leaders of the tribes. For the Taxiarchs cf. Arist. 61, 3 : X'^'-P^tovovctl dk Kal ra^idpxovs 5^/ca, ^pa rijs (pvKijs €Kdv reXuvGiv rd p.kv fJ-^XP'- ^^'^'^ SpaxfJ-Civ Bvres Aci5/)i[ot], rd 5' dtXX' els to diKaaTiqpiov eladyovres l/JL/xrjva. Arist. 47, 5 : ela-ipovTaL, irap dp h ^^i/ia?, and of those metics who were con- demned by a ypcL^rj dTrpoo-Tao-cou, or had not paid their ix^tolklov,^ fiepl^ovTui irpbs iKdarrju StoUrjcnv' Ka\oOx-, 1883, p. 109 sqq., A. 39 sqq., B. 3, a. 39, /S. 29, 34. The payments were reckoned by the Prytany : Panske, 57. 1 Existence of the TuXrjrat already in Solon's time : Arist. 7, 3. He says 47, 2 : ^Tret^' oi ircciXrjTal C iih elcri, KXrjpovTai 5' eh iK ttjs (f)[v\7]s. fAJLadova-L 8^ rd fiKxdihfiaTa irdvTa Kal rd fi^raXXa iruXoOai Kal rd t^Xtj [fxerd} toO ra/xiov rdv 7/i^»'a, rd e[t]s [^ttj] Tre-n-pafiiya. Kal rds oi/aLas tQv i^ 'Apeiov irdyov (pevySvrojv Kal tQu [dXXodev e]v[avTLov tt]S jSJouX^s iruiXovaiv, Kara- KvpovaL 8' ol 6' dpxovres. Harp, draws from Aristotle — TruXTjral Kal iruXrjTripLov. oi ixkv irojXrjTal dpxn "^'S ^(^'^'■^ 'Adrjprjcn, 5^/ca rbv dpidfibv dv8pes, eU iK ttjs (pvXrjs eKaarrjs ' 8L0LK0v€v<; Trjg StotKr^orcws, , the controller of the treasury. He had also in every Prytany to draw up an account for the people, of the money which had been received during the preceding 6 irpo(TTdT7)v oiK ^x^^ '^'^^ o dirpoaracrlov ypatpels. toCtuv yhp ras oialat TruXovures irapaKaTi^aWov els rb Srj/xda-iov. So Phot. iruXTjTaL Cf. Poll. 8, 99, where it says towards the end: dirrjyovTo 8^ Trpbs to6tovs Kai ol ixerolKLov fir] TLdepres. See Harp. fiero'iKiov. (Dem.) 25, 57. Boeckh, PuU. Econ., 209/10=Bk. 2, ch.3. ^ Arist. 47, 2, says further : Kai rd TeXr) to. eh iviavlrbv'] ireTrpafxiva, dvaypd- \pavTes eh \e\evKUfiiva ypafi/xareTa t6v re Trpidfiepop Kai [6€v<; rrjs StotKricrews was elected by the Council from among its members.^ Of the rinance-oflficials, who managed separate treasuries, mention must first be made of the rafxiac twv Upwv xp^/^arwr ttJs 'A^wraias, who can be proved to have existed as early . TauCai Twv as the time of Solon."^ These treasurers of Athene were t^pjiv ten in number, and were appointed by lot, one f rom xppf ^"^"^ '^'1' each tribe from among the Pentacosiomedimnoi, and 1 In the lexicographers Harp., Suid., Lex. Seguer. 410, 3 sqq. the official business of the dvTLypai\6xopos, 6 S^ r-^s ^ovXrjs, cis '' ApiaroriX-qs eu ''AOrjvaicou TroXtTeiq, is a blun- der, for Aristotle says nothing about the dvnypacpeijs at all. The secretary of the Prytany had, according to Arist. 54, 3, the dvnypacpri in the Council (see also C.I.A., II. 61). Out of this the lexicographical tradition makes a special dvnypacpelis rijs ^ovXijs, and says of him what Arist. tells of the secre- tary of the Prytany ; see Poll. 8. 98. Thus there was only one dvTLypacpeds rrjs dtoLK-^ffews, of whom we read in an inscription of the third century in the 'Apx. deXriov^ 1889, p. 58 (if it be correctly restored, but this is not cer- tain) : eTTLfieXrjd^pai d^ (r^s iroL'qaeus top dvTiypavT(j}v : C.I.A. , I. 273, or rdde ol rafiiai tCjv lepwv xpvf^'^^^^ '''V^ ^Adr]vaia$, oh 6 decva eypa/i/^tdrei/e, 6 de2va Kal ^vpdpxoPTCS irapidoaav : C.I.A., I. 117 sqq., 188. 2 See Arist. 47, 1 : TrapaXafx^dvovlaL] bk rb re &ya\fia ttjs ^Ad-rjvas Kal ras Nkas Kal rbv diWov Kbp SXKuv eeuv : I. 194 ; 11. 682c. 242 Gilbert I. 235-6.] Ministers of Finance. [Gilbert II. 270-1. have no information, but as their constitution is based on that of the college of the treasurers of Athene, we may conclude that it was ten.^ At the beginning of the fourth century (we have evidence from the time of the Archon Eucleides) the treasuries of Athene and of the other gods were united, and the control was vested in a college of ten members. Yet there is evidence again so soon as B.C. 385/4 of ra/xtat T^s ^eou, by the side of whom there again existed, at least for a time, the ra/xtat twi/ aXkinv OiZiv? The most important treasury office of the fifth century, next to the treasurers of Athene, was that of the 'EAXryvora/xtat. Estab- lished as they were when the Athenian league was •EXXT]voTa- founded, they had their seat of office at first at Delos.^ K-^a-"" When the treasury of the league was transferred to Athens, they migrated thither, and in 454 probably became Athenian officials. There were at that time ten *EAA?;]/oTa/>itat,* of whom each had a 1 Sae C.I.A., I. 32 : rafxias Sk airoKvafie{ieL{v) {t6)vt(i}v tQv xP'7M'''wi', drafiirep tAs AXXas dpxds, Kaddirep rods tQv i{epC})v tu)v ttjs ^Adr)vaias. Kirchhoff, who, in the Abh. d. Berl. Ak., 1864, 5 sq., concluded that there were five treasurers from among all the Athenians, conjectures C.I.A., I., p. 92, on no. 194/5, and on 318 that there was a college consisting of ten persons. See alsoi Ditten- berger, SylL, 14, 7 ; Panske 13, 5. 2 We possess statements of accounts of ol rafxiat. rQv lepCov xPV/J-f^T^^ '''V^ AdT]vaias Kat tCjv dWooi/ dewv, ten in number : C.I.A., II. 642 sqq. In the year of Eucleides both colleges of treasurers were united : 'E^. dpx-, 1885, p. 129; Lehner, d. att. Schatzverzeichnisse d. 4. Jahr., p. 12 sqq., Strassburg, 1890, assigns the change to the year 406/5. We have evidence of ra/iiat r^s deov again for the year 385: C.I.A., II. 667. In 376/5 there were again two different boards of treasurers, as is evident from a comparison of C.I.A., II. 671 with 672, both of which belong to the same year. Tap.laL rdv &\\(av SeQv even in 363 : II. 682c. Last mention of these 343, if II. 702 has been rightly restored. Lists of the different boards of treasurers of the fourth century in Panske 36 sqq. Lehner 119/20 considers that the two colleges were united again by Lycurgus 338. From the fact that in a statement of accounts, most probably of the year 321/20, the treasurers of Athene call themselves simply ol rafilai, Kohler, on C.I.A., II. 719, concludes that at that time there were no longer any treasurers of the other gods. Yet at later dates they are styled sometimes simply rafilai : II. 721. 722. 726. 728. 736 ; sometimes rafiiai rrji OeoO : II. 730. 733. 737:^p. 508. 739. The Eleusinian goddesses had in 329 their own treasurers : IL 834, b. See also Kirchhoff on C.I.A., IV. 3, 225b, p. 167. Michaelis, Parthenon, 29, also thinks that the renewed separation of the two colleges of treasurers did not last long. The treasurers of the goddess are authenticated to the end of the fourth century, e.g. in the year 300: C.LA., II. 612. 3 See Thuc. 1, 96. For the Hellenotamiai cf. Boeckh, 1, 241 ff.=Bk. 2, ch. 7. * The Hellenotamiai, ten in number, and one from each tribe : C.I.A., I. 259. 260. Of the eleven Hellenotamiai in the C.I.A., I. 188, I take 243 GiLBEKT I. 236-5.] AtheJlS. [Gilbert II. 271-2. 7rape8/3os.^ The Hellenotamiai received the tribute of the allies, which was paid at the Dionysia, and kept accounts of it.^ They kept a special treasury for the tribute-money, out of which they had annually to pay -Jq of the incoming revenue as airapxr] to the treasury of Athene.-^ The payments out of the treasury of Athene for military purposes and for festivals passed mostly through their hands.^ The ra/^tas tov StJ/xov^ whose existence can be proved to the end Tttfiias TOV of the 4th century, had in that century the control of 8ij|Aov. the money out of which the expenses of erection and Phrasitelides of Icaria, mentioned in the first Prytany, to be the Udpedpos. It says there inaccurately : 'E{X\T])voTafjilais wapedodr] KaXXt/xdxv 'A7;'oi;0-iV, (^paffLTeXldrj 'iKapieT, while by analogy of the sixth Prytany it ought to be ; 'EXXrjvoTafiig. KaWifiaxv 'Ayvovaicp Kai irapeSpcp ^paaireXiSr} 'iKapiet. In C.I.A., I. 188 there are three Hellenotamiai from the Acamantis and two from the Aiantis, while the Aigeis, Leontis, Hippothontis are not represented. Of the mode of their appointment nothing definite can be said. * 'EXXrjvoTafiiai^ Kai irapidpoLS : C.I.A., I. 180-183. 'EXk7]voTafila Kal irapi^pi^: 1. 183. 188. 6th Pryt. 2 Thuc. I. 96: koI 'EWrjvoTafjUai rdre irpCjTov 'AdTjvalois KaT^arrj apxHi ot idexovTO TOV (pdpov. Hesych. 'EXXTjvoTap.caL ol rod Koiii^oixevov (f>6pov irapa ^ Adriv- aioLs Tafiiac. Har]-»., Suid., s.v. Poll. 8, 114, assigns them a wider sphere of duties, but with little probability. The payment of the tribute at the Dionysia is testified by Eupolis in the Schol. on Aristoph. Ach. 504. See also the Schol. on 378. They keep accounts of the tribute. C.I.A., I. 38. /r. c. d. : dvay{pa(p6vT0}v d^ oi 'EX\)T]uor(afJi)LaL eaaavldi rds — aas tov . dpx-, 1891, p. 89. From the year 299/8 to 295/4 the i^eracrrT^s and the rpcTTijapxot pay: C.I.A., II. 297. 298. 300. The rafxias tov d-tj/xov pays iK tCov kolvCov xpvI^'^t^^^ '• H- 243, without further intimation of the fund from which payment is made : II. 52c (in the year 368). 65. 90. For this cf. Fellner, 43 sqq. According to Kohler, in d. Mitth. d. dtsch. arch. Inst, in Ath., 4, 325, the office of the Ta/mias tov d-^/jiov certainly did not exist in 295, and was probably abolished some years earlier. 2 The Tafilas tov d-qp,ov pays from the same fund i(p65ia to ambassadors : II. 64. 89. Bull. 13, 436, 1. 58 sq., sees to the making of a wreath: II. 254. * For the financial measures of Eubulos see Schaefer, Dem. u. s. ZeiL, 1^, 174. The proposal of Apollodoros and the certainly very questionable law of Eubulos: 1^, 184/5. For the history of the OeojptKov see Harp. 6e(apLKA=Suid. decapiKd, Art. 1 and 2., Suid. dewpiKhv. Et. M. dewpiKov. Boeckh, 1, 306 = Bk. 2, ch. 13.. The doubtful remark in Pint., Per., 9, that Pericles had bribed the people decapiKoXs, cannot be upheld in the face of Arist. 28, 3 : TOV d^ drj/xov KMoipQu 6 Xvpoiroids, 6s kuI ttjv diulBeXiav eirbpice TrpCjTOS. Kai XP^vov fiev TLva diedidoTO, /xeTOL 8^ raOra KareXucre KaWiKpdTrjs HaiavieiJS, TrptDros vTToax^/Ji'evos einO-qaeiv Trpbs toIv bvolv o^oKolv SXKov 6§6K6v. 245 Gilbert I. 229.] Athens. [Gilbert II. 273-4. and were entitled oX iirl to BcwpiKov.^ The position of these finance- ministers was so important that for a time they exercised the functions of the Apodectai and of the dvTtypa^ei;? and in fact con- trolled the whole State finance.^ Even after the year 339, this office retained its authority, though indeed with considerable limitations.^ The financial system of Eubulos was abolished in the year 339. 1 That there were several, and, as Boeckh, 1, 249, sq.=:Bk.2, ch. 7, sup- poses, perhaps 10 iirl rb dewpiKov, is evident now from Arist. 43, 1 ; 47, 2, and in this sense ^schin. in Cies. 25, is also now to be understood. Suid. decopLKa art. 1 and 2, OewptKhv. Et. M. dewpiKhv speak of one only. Harp., decopiKbv, quotes ^schin. and speaks of apxv "s ^ttI rod deupLKov. Lex. Seguer. 264, 7, dewpiKT] apxf}=ol dpxopres tQp dedipiKQv xpvi^<^tiov ; several also in Poll. 8, 99. Aristotle and Jj^schines, loc. cit., testify to the election. That this office was newly introduced under Eubulos, I consider very probable. In the fifth century the Hellenotamiai paid the theoricon— C.I.A., I. 188. 189 a.b. ; later undoubtedly those Tamiai had charge of the surplus funds. That a theoricon treasury or ol iirl rb dewpiKbu existed is not to be supposed, since it was never the duty of the latter to actually distribute the theoricon. Lucian, Tim. 49 ; Benndorf, in d. Ztschr. f. d. ostr. Gymn., 1875, 22/3. Fell- ner., z. Gesch. d. att. Finanzverwaltung ^ p. 38 sq., is of opinion that there were 10 presidents of the theoricon and that they were probably instituted in the year 396/5. The official iirl rb dewpiKbv in the C.I.A., II. 114, now that the plurality of these finance ministers is established, can only have been a council official with unknown functions. 2 ^schin. in Ctes. 25 : di^ d^ T-qv irpbs Ev^ovXov yevofihriv irlaTiv iiuiv ol iirl rb dewpiKbv Kex^tpoTovrjixiv 01 ^pxov /xiv, irplv 7) rbv 'HyrjuSuos vdfjLou yeviffdai, tt]v toO dvTiypacpews dpxWi ^PX°^ ^^ rT]v tQv diro^eKrCjv Kol vedbpiov Kal (XK€vo6-/jKr}v (^ko86- fxovv^ Tjffav 5k Kal odoiroiol Kal ax^^bv rrjv 6Xr]v dioUrjinv elxov t^s TroXews. For the termination of the supremacy of ol iirl rb decopiKdv 339/8 see Schaefer, 1*, 188/189. The beginning I place after the peace of Philocrates, because there is inscriptional evidence for Apodectai for 347/6 (see the decree of honour for the sons of Leucon : Dittenberger, SylL, 101), and because the building of the aKevodriKrj mentioned by ^schines was then begun. See Schaefer, 2^, 288. But perhaps the above-named officials existed throughout the period of the ascendency of ol iirl rb dewpiKbv as their subordinates. For the financial measures of Eubulos see Plut., praec. ger. reip., xv. 23, p. 992 Didot. Aphobetos, the brother of -^schines, was one rwv errl rb deupiKov. For after the words of ^schines in Ctes. 25, on the theoricon board — Kal ax^^bv rrjv 6\7]v 8i.oiK7]acv eXxov ttJs TroXews — I do not hesitate to refer the remark of -S^schines about Aphobetos, de Fals. Leg., 149 : KaXm U Kal diKaius tQv vfieripuy vpoaoSojv eTnfieXrjOels, 6're avrbv eirl tt}v koi.vt]v diolKyjcnv e'CKeade to this office. 2 Demosthenes was o^ttZ rb decopiKov after the battle of Chaeronea : ^schin. in Ctes. 24 ; Dem. 18, 113. See Schaefer l^, 189. To this office Plut., praec. ger. reip., xxv. 1. p. 999, must have reference, if any weight is to be attached to such testimony. This is rightly recognised by Fickelscherer, de theoricis Athen. pecuniis, 34 sqq., Leipz. 1877. See Boeckh, 1, 229 ; 2, 117. In Arist. too 43, 1 ; 47, 2 ol iwl rb deupiKbv are mentioned even after 329. 246 Gilbert I. 237.] Ministers of Finance. [Gilbert II. 274-5. At the instance of Demosthenes, it was decided that all State funds should be employed for military purposes. Connected TafxCas twv with this radical change of the finance administration, o-TpaTiwTiK<3v. it seems, was the institution of a new finance official, the ra/Ata?, ruiv a-TparniiTLKOiv?- This ra/xuxs twv crTpaTnaTLKtav^ whose year of office ran from the Panathenaia to the following Panathenaia, was appointed by election, and had apparently the control of the whole financial administration. He was present in the Council along with the tVt to OewpiKov officials when the Poletai made leases ; in 329, in co-operation with the Apodectai and the T/aaTre^n-T/?, he advanced money to the Epistatai and treasurers of the Eleusinian goddesses ; in conjunction with the Council he saw to the completion of the Nike statues, and procured the prizes for the Panathenaia ; in 334 (the most probable date) he paid to the treasurers of Athene and to the commission appointed for the purpose, money for the restoration of the Nike statues and the articles used in processions, saw to the making of a golden wreath for Amphiaraos and gave the money for it. These examples of the activity of the ra/tias twv crrpanoiTLKoiv hardly suit the special official duties of a treasurer of war, but necessarily follow from his conjectured position at the head of the Athenian finance administration.^ ^ Philochor.,/n 135, in Muller,/r. Ji. gr., 1, 406, says: Au(riAtax'5>7s 'Axapef/s. iirl rovrov tcl /xh '4pya ra irepl rods vewao'iKOVs Kol ttjv aKevodi^Krjv ave^oCKovro Slol TOP iroKe/uLov irpbs ^i\nnrov to, 5^xpT7/iaT' e\prj(f>l(TavTO ttolvt'' elvai aTpaTLCdTiKd, Arjfio- cdivovs ypdxj/avTos. The rafiias tQu (rrpaTLiOTCKQv is first mentioned in litera- ture in connexion with the year 338 b.c. : Pseudoplut., vit. Lye, 27. p. 1027 Didot ; in inscriptions probably for the year 334 : C.I.A., II. 739, certainly for the year 332/1 : 'E0. dpx. 1891, p. 82. Boeckh, 1. 246 (Bk. II. ch. 7), assigns the institution of this office to the year of Eucleides ; Frankel, in the PhiL- kist. Aufs. fur E. Curtius, p. 43, sqq. 1884, to the ye^r 347. That in this year the ra/jiias tQv crTpaTiuTLKQv did not yet exist, I conclude from the fact that in 347 the Apodectai still paid e/c tQv arpaTLcoTLKwu xpT^ytidrwi' : Ditten- berger, SylL^ 101. See Schaefer in the N. Rh. Mus., 33. p. 431. 2 Arist. 43, 1 : ras 5' dpxo-s rds irepl ttjv eyKVKXiov 5ioiK7]cnv aTrdaas iroiovarc KXrjpcoTds ttXtju rafiiov (XTpariojTLKuu Kal tCov kirl rb dewpiKbv kol rod tQju KprjvQv €tnixe\y)Tov. ra^ras d^ xeiporoj/oOciv, Kal oi x^i-pOTOurjdevres dpxovcnv iK IIavadr]vaiu}v els Uavad-qvaia. 47, 2 : [fi]tadovai 5^ rd /xtadib/xara irdvra Kal rd piiraWa ttwAoOcti, Kal rd reXr) [/xerd] rod rafiiov tHou (TTpaTiujTLKCov Kal tuiu eirl rb deiopiKbu rip-qfiivoiv ivavT[lov TTjs ^ovKrjs] KaTaKvpovaiv. — The participation of the eVi t6 dewpiKov officials was probably a survival from their former position of importance. In the report of the eTrio-rdrat 'EXeucrii'o^ej' for the year 329 in C.I.A., II. 834&, col. i. 1. 39, we find : Kal rb irpodavecad^v els rb bLaTelxf-crfia rb ''EXevaLvt irapd TUfMLov (a-ypaTiuiTiKuiv Kal Trap'' dirobeKTdJv Kal irapa rod rpaire^iTOV \ Arist. 49, 8 : Kol ttJs TTOL-fjaews twp Ni/cwy koI tQp ddXuv rQv els rd Hapadrjpaia ffVPeirc/jLeXelTai 247 Gilbert I. 237, 231.] Athens. [Gilbert II. 276-7. In the third century it was the duty of the Ta\x.ia.% riov o-rpaTLojTLKwv to assign and distribute the State moneys, a work which he either did alone or with the aid of 6 eVt rrj SioLK-rjcreL.^ To the end of the fourth century belongs also the institution of 6 lirl tt} the official ctti rfj Stot/crjcrei, whose office seems to have 8ioiKiio-€i. taken the place of that of the Apodectai, either under the rule of Deraetrios of Phaleron or after his deposition.^ Lycur- gus accordingly cannot have held the office of ctti rrj SiOLKYjo-et ; so that all the details which have been taken from the financial policy of Lj^curgus to characterize the functions of this office are irrelevant.^ We are therefore really reduced to the evidence of (sc. i] ^ovXt]) fJL€Ta Tov TUfiiov tQv ffTpaTitoTiKCov. Payment for the making of viKai and TToixirela : C.I.A., II. 739. A golden wreath for Amphiaraos and payment for the same : 'E0. dpx-, 1891, pp. 81/2. ^ In 306/5 the treasurers of Athene make payments to the ra/itas t(vp CTpaTLWTLKwv to meet the freight charges for ship-building timber : C.I.A., II. 737 1. 28 sq., p. 508. In 305/4 the ra/xias and 5 Areopagites make pay- ments to the treasurers of the goddess : ibid. 1. 32 sqq. The expression usual before of the Apodectai — /jLepla-ai — is used of the rafiias paying for the erection of inscription stelai : C.I.A., II. 335. 370. 375. 380. 396. 411. 420.423. 467. 1. 57. Bull. 15, p. 346. 356. See the list in Hartel., Stud. ub. att. Staats- recht. u. Urkundenw., 135. C.I.A., II. 368, he pays e/c tcSv ets to, kutcl \pr]4>lap.aTa dvaXia-Kofi^vuv ti^ dr]fjH{}, a fund which was formerly controlled by the rafiias TOV driixov. The rafxias rcbv cTpaTLWTiKwv is also (C.I. A., II. 334) meant where, in the time of the Chremonidean war, we read 11. 9 sqq. : (dVajs hv xp'nf^^T^" v)opi.a-divT03V ^xei 6 rafxias /JLepi^eiv to, (dedfieva, 'iva K)aTa tov KardXoiwov xpo''<"' "^^^ ipiavToO (rvvK(ojju(Td(2cnv ol e/c 7'^s? K)apirol p.er'' dffcpaXeias. So Bull. 15, 349. 350/1, where mention is made of the ra/it'as only. The Ta/xias supplies funds in conjunction with 6 iwl Ty dioiK-^a-ei. : C.I.A., II. 327. 'Apx- 5eXr. 1891, pp. 45/6. Bull. 15. p. 355. 2 That the office of the iirl rrj dioiK-^aei did not yet exist between 329 and 322, is proved by the silence of Aristotle. For even if it be supposed that chapter 60 was followed by the account of the offices mentioned in chap. 43, I, yet mention of the ^irl ttj dioiKriaei, if he had at that time existed, must have been made in chap. 43, 1. See also B. Keil, in the Berl. phil. Wochenschr. 1891, pp. 614/5. There is no notice of the Apodectai after the time of Deme- trios of Phaleron ; last mention 325 b.c. : C.I.A., II. 809. c. 70 sqq. e, 147 sqq. Si>a.ngenbeTg, de Atheni€7is.puU. institutis aetate Macedonum commutatis, p. 43, thinks that they were abolished by that Demetrios. The first iirl Ty SioiKTicrei mentioned in inscriptions is Habron, the son of Lycurgus : C.I. A., II. 167. That this inscription is later than 307 (see Wachsmuth, d. St. Ath., 1, 616), and does not belong to the time of Lycurgus, is further proved by the fact that Habron was Tafiias tQp aTpar1.wTi.KC3v in 306/5 : C.I.A., II. 737, 31, p. 510. « Boeckh, 1, 222 (Bk. 2, ch. 6) ff., has taken his representation of the office of 6 iirl ry 8ioiK7]a-€i from what is said in Pseudoplut. of Lycurgus. The de- cree of Stratocles, which calls Lycurgus rafxias rijs KOLvrji irpoaSSov^ is certainly 248 Gilbert 1. 231.] Ministers of Finance. [Gilbert II. 277-8. inscriptions for the description of the official duties of the hii rfj StoLKrjo-ei ; and from these little can be learnt. Yet we know that there was only one eVt rrj hoiKrjcrii each year till the end of the year 295/4, while from 286/5 for some time several evrt t^ 8totK>io-« are mentioned. Previous to the Chremonidean war, however, they were again replaced by one. At the end of the third century we again meet with several cVt ttj SiOLKyja-ei, who are once more reduced to one in the second^ century.^ The €7rl rfj Stot^rjo-ct, who was ap- spurious, in its present form at any rate. See Droege, de Lycurgo Atheniensi, p. 23 sqq., Bonn, 1880 ; Frankel, in Boeckh., St. d. Ath., 2. p. 44. No. 270. Whether Lycurgus held a definite constitutional office at all, is according to this doubtful. In Diod. 16, 88 it is said of Lj^curgus : 5t65e/ca ^rrj tos Trpo(x6dovs TTjs 7r(SXews dtoLK-^aas, i.e. probably by his personal authority. In Hyper, fr. 121, ed. Blass, he is described as raxBeis iirl rrj dioLKriaei tQv XprHJ-^Tiav. The fragmentary inscription in C.I.A., II. 162, decrees probably at the instance of Lycurgus (a. 6, 15) the establishment of the commission, which C.I. A., II. 739-741 specifies. A rerpaerta (162 c, 17) seems to be fixed as its term of duration. This commission, to which without doubt Lycur- gus belonged (see the decree of Stratocles in FseudopluL, 1038) was in office from 334 to 331. See 11. 741. So far as the buildings of Lycurgus are concerned, the naval arsenal had just come into use in 330: Boeckh, Seeurk., 70 ; w^rk was still being done on the Theatre and the Stadion just before the Panathenaia of the year 330: C.I.A., II. 176; the building of the sanctuary of Pluto in Eleusis and of the Eleusinion was still proceed- ing in 329, with the co-operation of Lycurgus : C.I.A., II. 834 b. In 329/8 Lycurgus belonged to the 10 x^i-poTOf-qdevres virb toO drjixov iirl ttjv ewifiiXeLav ToO ayCJvos koI tQv dXkuv tQv irepl tt]V eoprriv rod ^Aficpiapdov : 'E0. dpx* 1891, p. 89. According to Kohler in Herm., 1., 321, special offices were created for Lycurgus ; according to Fellner, zur Gesch. d. ath. Finanzverw., 58 sqq., he held a commissioner's office for re-organizing the treasury on the Acropolis and for the supply of materials of war. Droege 41 makes him exercise the last-named function as (xrpaTrjybs iwl tt]v irapaa-Kev^v, whereas, according to Arist. 61, 1, this official did not at that time exist. These remarks dis- prove also what Pseudoplut., vit. Lye, 3, p. 1025, Didot, in a rather unin- telligible context says of the time-limitation of the unknown office of Lycurgus. If Lycurgus during his politico-financial ascendancy ever temporarily held a definite office, it probably was that of the ra/jiias rwv arpaTiojTLKQv, which his brother-in-law Callias held in 338, probably as the first treasurer of war. See Pseudoplut., vit. Lye, 27. Pellner, 51 sqq., puts the year of the institution of the iirl ry diotK-Zjaei at 378, von Wilamowitz at 354 at the earliest. Cf. Droege, 29 sqq. Philippi, in the N. Rh. Mus., 34, 612. 1, considered Eubulos to have been the first iirl t-q dioiK-qa-ei. 1 Habron, son of Lycurgus, 6 iirl rr} dLoiK-^a-ei after 307: C.I.A., II. 167: 6 iirl ry dioiKriaei still in the year 295/4: II. 300. ol iwl r^ dioiK-^aei in the year 286/5 : II. 311. 312. In the year 284/3 : 'E0. dpx-, 1890, 71 sqq. Again 6 iirl T7J biOLKTiaei not long before the Chremonidean war : II. 331. 01 iirl rrj dLoiK-^aet at the end of the third century : Bull. 15. p. 355. 6 irrl rrj dtoLK-rjcreL again in the second ceutury ; C.I.A., II. 453. 249 Gilbert 1. 231, 239.] A thens. [Gilbert II. 278-9. pointed by election and held his office without doubt for a year, had the supervision of the revenue and expenditure of the State. Thus with the Poletai he contracted for the public works, directed the making of wreaths of honour and statues, and provided the money for the posting of the decrees of the'people.^ The number of the Athenian treasurers is by no means ex- hausted by the preceding enumeration. On the contrary, every Other official, through whose hands large sums of money Treasurers, passed during his year of office, had his treasurer. Only it cannot always be decided whether it was a private treasurer or one appointed by the State.^ Next to the finance ministers come the administrative and judi- cial officials, among whom the Archons must first be mentioned. 01 Ivve'a The nine apxovrcs, who were also collectively styled &PX0VT6S. Oea-fxaOiraL, were appointed by lot and formed a college at whose head was the first apxoiv.^ After they had laid down their office and had passed the regular scrutiny they became ordinary members in the Council of the Areopagus.'^ Although for most * Poll. 8, 118 : 6 5^ iirl rijs dLOLKrjaedJS alperbs ^v iiri tQp irpov, tQv \7]^e(au : L. Lange, in the Leipz. Stud., 1, 159 sqq. His official residence in the Prytaneion : Arist. 3. 5. This only refers, of course, to the time before Solon. Lex. Seguer, 449, 22, and Suid. dpxojv, both based upon Arist., give Trapa roi)? iiruivO/xovs for the place. But it is a question whether this is not due to an inference of the grammarian who has confused the Tholos, the seat of the Prytanes, near to the eirdopvfioL, with the Prytaneion. See Judeich, in the ^V. Mh. Mus., 1892, p. 59, 2, ^ Arist. 56, 2 : /cat 6 /xev di,px(^v evdus elaeXdihv irp^Tov ixkv KTjpiiTTei, 8aa rts e?X^''j TTplv ai'Tov eiaiXdelv els tt]v dpxW: TavT ^x^lv kclI Kparetv /ji^xP'- o-PXV^ tcXovs. 251 Gilbert I. 240-1.] Athens. [Gilbert 11. 280-1. eponymous official of the State. His official duties comprised the supervision of family matters, protection of parents against their children, protection of widows, the chief wardship of orphans and heiresses and the providing of guardians for them ; he received notices of divorce, and made provision for the continuance of in- dividual families.^ He had jurisdiction in all suits in which family rights of citizens came into question.^ His religious duties consisted in conducting the great Dionysia, for which he ap- pointed the Choregoi and arranged any consequent antidoseis ; conducting the Thargelia ; arranging for the Pompe in honour of Asclepios and Zeus Soter, and for the Theoroi to be sent to Delos or elsewhere.^ In the conduct of the Dionysia the apx^v was assisted by 10 elected i-mfjieXrjTai t^s tto/xtt^s t(3 Atovucro).* In his ordinary official duties he was assisted by two TrdpeBpot nominated by himself.^ 1 Arist. 56, 6. 7 ; Dem. 35, 48 ; and the law in Dem. 43, 75 ; Poll. 8, 89. Care of the iiriKXrfpoL : Dem. 37, 45/6 of the opcpavoi : Lex. Seguer. 201, 25 sqq. The providing of guardians : Poll. 8, 89. dTr6\ei\f/Ls: Flut.^ Alcih., 8. Andok. in Alcib., 14. Care that the families did not die out : Is. 7, 30. 2 Meier und Schomann, att Proc.,^ 55 sqq. List of suits within the Archon's jurisdiction in Arist. 56, 6. 7. Poll. 8, 89. Lex. Seguer. 310, 1 sqq. ; 199, 9 sqq. Suid., Phot., ijyefjLovLa dLKaaTtjplov. Harp, under the same word and under e^s ifKpavCjv KardaraaLv. Lex. Cantabr. et's daT-qrCiv a'ipeaiv. ^ Arist. 56, 3 sqq. : ^ireira xopvyo^^ rpaycfdois KadlcTrjci rpels i^ dirdpTUV Adrjvaiuv toi>s irXovaicoTdrovs ' irporepov d^ Kai KUficpdois Ka6itols rds dPTLdoaeLS Troiei Kai rds (XKij-^eLS els Kai dpxi-deo}[pop T](p TpiaKOVTOpiip r(p tovs yd4ovs EyoPTi. TrofXTrcop 5' €Tri/Jie\eLT[ai ttjs re] ry ' AaKXrjTriip yipoixivTjs, 6Tav olKovpOxxi /j-iL/aTai, Kai ttjs Aiovvciup TiJop ix[eyd]Xup /xerd tup iiniJ.e\r]T<2p, oi)$ irporepop jxkp 6 dijfMos ex'^i-porbvei 5iKa 6pTas K[ai to.] els ttjp irofXTTjp duaXib/xaTa Trap avT(a[p d]p7j\[LcrK]ov, pvp S' '^pa ttjs 4>v\ri[s e/cjatmys K\r)poi Kai 8Ldu}»'j who was called ySao-tXcus, had his official quarters in the o-roo, (iaaiXao^ by the market.^ The (3acnX.€vs ^s ttjv ^ovXrjv. Those on whom an iin^oXy] was imposed for taking wood, brush- wood, or leaves from the sacred precinct of Apollo Erithaseos, were to be accused before the ^aatXeJjs and the ^ovXrji C.I.A., II. 841. The ^aa-iXeds contracts for the enclosing of the Ti/xevos rod Kddpov Kal rod 'NrjX^ujs Kal TT]s BaaiX7}s : 'E0. dpx-, 1884, pp. 161/2 = C.I.A., IV. 53a. Cf. 'E0. dpx-, 1888, 113/4 = Bun. 13, 434. Ath. 6, 234f, 235a. Arist. 57, 1 : [6] 5^ /SatrtXe;)? irpQrou ixh ixvs: Poll. 8, 108; Et. M., 227, 36. Law-suits of the yvpLvaaiapxoi before the jSacrtXei)? : Dem. 35, 48. Cf. Suid. iiridjxj/aTo. 3 Por the cases within the jurisdiction of the ^aaiXein see Arist. 57, 2 sqq. Poll. 8, 90. Lex. Seguer. 219, 14 sq. ; 310, 6. Harp. Tjyefiovia diKaaTrjplov. Phot. Art. 2. Suid. under the same word. Meier und Schoemann, att. Froc.,^ 61 sqq. Gilbert 1. 241-2.] Athens. [Gilbert II. 282-3. consort of the god ^ in the symbolical marriage of Dionysus at the Anthesteria. In conducting the Mysteries the j8ao-iA.€v<; was assisted by the four iTnfxcXyjToi roji/ fxva-TrjpLwVj of whom the people p.^ annually elected two from among all the Athenians, a third from the Eumolpidai and the fourth from the Kerykes.^ In his other official duties he was assisted, like the first apxoiv, by two TrapcSpot nominated by himself.^ The third apx^v, styled 7ro\€fxapxov /xva-Tijpiuv. — * ApKTTOTiKijs iv 'Adrfvaltov TroXiTelq. tp-qclv ovtcos' 6 8^ ^aa-iXevs TrpCrrov (j.kv tQ)v fJiv>v. Lex. Seguer. 449, 21. But Hesych. also has iirl AvK{e)iov (for which 'EinXmeLOf is to be read), apx^iov Tov iroXefidpxov 'Ad'f}V7)s dire^rj- Gilbert I. 243-4.] Athens. [Gilbeut IL 284-6. ducted all public and private suits which did not fall within some other official's special sphere of administration or jurisdic- tion.^ The Thesmothetai decided the times for taking the various cases, and allotted the courts to the several magistrates.^ The college of the li/Se/ca, who certainly existed as far back as Solon's time, consisted of ten ordinary members, appointed by lot , ^ « one from each tribe, and their clerk.^ The evScKa formed the executive board of the Athenian State and consequently had the superintendence of the prisons and saw that the death-sentences pronounced by the jurors were carried out.* They kept a list of State debtors, probably in order that, when an (pLafi^vovs virb tCiv drj/jLoruv Kal rdy Karayvwaeis ras €k ttjs ^ovXijs. 45, 1 : Kai vofiov ^dero, &v Tivos ddLKeiy i] ^ovXi] KaTayvi^ ^ ^rj/j.iu3(rri, ras Karayvibaeis Kai rds €Trii^r}fuu}v 'dvSeKa. This expression is not utterly inconsistent with the explanation of Poll. For papers on the hSeKa I may mention Fr. W. Ullrich in the appendix to the treatise Vier platoniische Gesprdche, Menon, Kriton, der erste und zweite Alkibiades, Berlin, 1821 ; Crome, de undecemviris Atheniensium, Diisseldorf Progr., 1828, in which, p. 2, n. 1, the literature at that time available for the sub- ject is given ; Wachsmuth., d. St. Allien., 2, 1, 383 sq. Arist. 52, 1 : KadiardaL 5k Kal toi)s '4v5eKa kXtjpcjtoOs, eirifMeXrjaoiiikfovs tCjv ev T^ 5eafxu}T7jpl<^. From this Poll. 8, 102. For the prison compare Wachsmuth, ibid. See Lex. Seguer. 250, 4 sqq. Et. M. ev5eKa. Carrying out of the death sentence through their virrjpkTaL : Xen., Bell., 2, 3, 54 ; Plat., Phad., 116 B ; Lys. 22, 2. These virrjp^Tai were called Tapaardrai : Lex. Seguer. 296,32; Phot. *.v. 256 Gilbert I. 244] The Eleven. [Gilbert II. 286-7. €i/86t^i? was brought against a State debtor who had suffered atimia for having exercised rights to which he was not entitled, they might at once know whether he could be punished with im- prisonment as a man caught in the act.* Sometimes the cvSc^ca were employed to get in State-debts, so that, in case of inability to pay, they might carry off the debtor to prison.^ To their juris- diction belonged the judicial procedure of d7roypa-jj by which property which had come into private hands could be reclaimed for the State ; and (XTraywyT/, which was directed against a certain class of wrong-doers for whom arrest in the very act seems to have been the recognised procedure. In this class we find men- tioned house-breakers, thieves, kidnappers, footpads and mur- derers. Finally in certain cases, the ej/Set^t? came into their court.^ Of the ten aa-TwofxoL appointed by lot, five managed the police in ^ C.I.A., II. 811 c, 130 sqq., 144 sqq. : /cat rby ypd/xfiaria tQiv hdeKa dira- XeixpaL dirb toO (h(p\rifjiivov "ZcoirdXiSi dpyvpiov, Hrt cLv d'7ro(f)dvrf avTc^ 6 ra/Mias irap- ei.\rj(f){w), K.T.X. "EvdeL^Ls against Eti/hoi. before the hdcKa : Lex. Seguer. 250, 10 sqq., probably against tlie state-debtors who had lost their citizen rights (Boeckh, 1, 512 = 2, 111), against whom the ^vdei^Ls was usual: (Dem.) 58, 14. 2 They were the executive authority when payment of state-debts was enforced, so as to be ready to throw the debtor into prison: Dem. 22, 49. 52. 53. * Arist. 52, 1 : KadiaTdaL 5e koI tov^ eV5e/ca kXtj^wtoi^s, iinfieK'qaoiJLivovt rdv iu Tip deaficjrrjpicp koL toi)s dirayoiihovs KKeirras koL roi/s dvdpairodLcrTds Kal rovs Xwtto- duras (see Lys. 10, 10), du pAv [6/A0X07] uat, davdrcp ^r]p.nhaouTas, dv 8^ dp^cpKX^rjTUxnu^ elad^ovras els t6 diKaaTTipiov, Kdv p^u dirocfyiyujcnv^ d(pr)aoi^Tas, el 5^ p.ri, t6t€ ^ava- Tibaovras Kal ret diroypa(i)6pieva xojpi'a koI oiKias eiad^ovras els rb dLKaarifipLou Kal rd So^avra S[r)p.]6a'La eluai TrapadibcroPTas rots irwXrjTals Kal rds iudei^eis elad^ouras' Kal yap raijTas eladyovaiv ol ^udeKa. Cf . Poll. 8, 102 ; Lex. Segner. 310, 14 ; Phot. 7)yep.ovia StKaa-rripiou. '^vbeKa \ Suid. h8eKa. Lex. Seguer. 250, 4 sqq., also adds the (poveLs, that is, originally those who were caught iir' aiuTou3pip ; according to Meuss, de dirayojyTJs actione ap. Athen., 27 sqq., D. i. Breslau, 1884, only when the murderer was a foreigner. Dem. 35, 48 men- tions TOLX'^^Xov^ "■at KXeirras Kal toi)s dXXous KaKovpyovs roiis iirl davdT<^, Isocr. 15, 237, rods KaKovpyovvras in general. In later times the list of offences for which the diraywyri was admissible seems to have been enlarged; Meuss, 22 sqq., denies this. See Meier und Schomann^ 86/7, 274/5. Sorof, ihid., 1885, 14 sqq. : in general cf. Meier und Schomann'* 81 sqq. Cf. the law in Dem. 24, 146: rbu 5' evheixd^vra ij diraxO^vra hyjadvTWV oi ^vSeKa ev ry ^vXip. For Mei^ts and diraywyr] cf. Meier und Sch5mann* 270 sqq. Et. M. under ^vSeKa agrees with Arist. : ehrjyou 8k Kal rd diroypas KuXijovai KaToiKoSop-eTu Kal dpvloiu- rpoira. KaXoOat. 5' darvvopdav ol irXetaTOL rrjv TOLairrjv dpx'fjv. * That they had a kind of police duty at festivals is evident from a psephism of the year 320, in Dittenberger., Syll., 837 : iireibr] U Kal r) tCjv dffTwbfxwv impi^Xeia irpoar^aKTai toIs dyopavbp-OLS, iTnp.eXr]Q9jvai. rods dyopav6p.ovs Twv 68C0V tCov TrXareiuju, y -rj TropLVT) rropeveraL T(p Ait tuj 'ZuiTijpi Kal to5 Aiov{6)aip, dirus dv dpLaXiadCjaii' Kal KaracrKevacrdCiaiv wj ^^Xriara' rd bk dvaXuip-ara elvai els raOra iK toO dpyvpiov, od oi dyopav6p,oi. Siaxeipi^ovcriV ixavayKa^bvTuiv 5^ Kal tovs rhv xovv Kara^e^XriKbras els ras 65oi)s irdvras dvai{p)e2v Tpbiru) Srtp dv iiriaTWVTai. Moreover an Athenian psephism of the year 284/3 6irus dv ol d(XTVpbp.oi oi del Xavx{d)vovTes iiripAXeiav ToiQvTa{i) rod lepov ttjs 'Acppodlrrfs rrjs Hav8-^piov Kard rd Trdrpia decrees : rods dcrrvfbfxovs Toi)S del Xaxbvras, Srav rj i) irop.irr] ttJ 'As P(apx)i>s Kal TTtrrcDtrat rd(s 6po(pds) koI XoO6pau 6Xk^v hh (h)— : Bull. 13, 163. 258 G[l«krtI. 246.] Astynomoi ; Agoranomoi. [G ilbh-rt 11. 238-9. had jurisdiction in disputes concerning matters that fell within the sphere of their official duties. The ten ayopavojxoL appointed by lot, of whom, as with the dcrrwo/jtoi, 5 officiated in , ' avopavouLoi. the city and 5 in the Piraeus, were controllers of the market.^ They collected the dues which foreigners had to pay for their market stalls,^ and saw that order was kept in the market and that punishment was inflicted for any fraud practised there. ^ But in maintaining order they probably could not inflict corporal punishment except in the case of foreigners or slaves.^ Further, it was the duty of the dyopavofioc to supervise the Hetairai, for whom they assessed the amount of tax each had to pay.^ The duty of keeping the places of traffic in the market clean, which Plato assigned to his Agoranomoi, actually belonged to the Athenian officials, as inscriptions demonstrate.^ Not only the Agoranomoi but also the ixeTpovofxot took care * Cf. Haederli, ib. Arist. 51, 1 : Kkrjpodvrai 8k Kal dyopavd/j-oL, irivre fieu els Tleipai^a^ e' o' els Aarv. to&tols 5k virb tCov vbjxwv irpoaTlraKTaL tCov (jvlwi' iTrifieXeXadat iravTiav^ i^Trws Kadapb. Kal dd^driXa iriakrJTai. See also Harp., dyopavd/xoi oi rd Kard TTju dyopdv 6via dioiKovvres dpxovres- (Lex. Seguer. 199, 24; 330, 13. Et. M. s.v., Lys. 22, 16 : dyopa.vbiJ.oi iirl rot's (hviois s vvv Xoyiards KaXovixev. Stamps inscribed dyopavbfxuv, probably serving as receipts for the market duty when paid, are given by Benndorf , in the Zeitschr. f. d. 6str. Gymn., 1875, p. 595. •^ See Theophr. ap. Harp., Kara ttjv dyopdv d\pev5e'iv' (=Phot. s.v.) Qeb^paaros yovv iv rots irepl vbixfav (pT]al 5voZv rodruv iTrcfxeXeicrdai Selv roi/s dyopavb/xovs ttjs re iv TTJ dyopq. evKoaixlas Kal rov d\l/ev5e7v fj.i] fibvov toijs iriirpdaKovTas, dXXd Kal ro(>s uvovfxivovs. See also Xen., Symp., 2, 20. * For the power of corporal punishment, see Poll. 10, 177. Schol. to Aristoph., Acharn., 724. ^ See Suid., 5Ldypaixfxa, and Meier und Schomann, att. Proc.^ 103, no. 188. « See Plato, Laws, 6, 764. Aristot., Pol., 7. (6), 8, p. 189, 24 sqq. Bekker. Psephism of the year 320 in Dittenberger 337 : 6'7ra>s dv tj dyopd 7} iv Heipaiel {Ka)TaaKevaa-6eT Kal d/xaXLadet ws /cdWttrra Kal rd iv t($ dyopavoixlip iiriffKevaadei Siv dv 7r/30cr5etrat drravra, dyadrj tuxv SeSbxdcii ry 5-f}fJHfi, roiis dyopavbfiovs rods ev Xletpaie? iTrifieXTjdTJvai dxdvruv TO&ruv t6 5' dvdXu/xa elvai els ravra iK roO dpyvplov, o5 ol dyopavbjXQi. Siax^tpi^ovaiv. Gilbert I. 247.] Athens. [Gilbert IL 289-90. that the sellers used correct weights. The Metronomoi were ten in number, and were appointed by lot, five for the city and five for the Pirseus.^ I consider the Trpo/xcTp-j/rat their attendants, , who kept the official standards for re-measuring TrpojieTpT^Tai. / • i • r commodities, and seem to have received a certain tee out of what they re-measured.^ The corn and bread trade was under the direction of a board consisting originally of ten members appointed by lot, called ot (rtTo^vA.aK€s, of whom five acted in the city and five in ' the Piraeus ; but towards the end of the fourth century this business was superintended by 20 officials in the city and 15 in the Piraeus.^ These (TLTOcpvXaKes KXrjpioroi, irivre ixkv els IleLpaUa, Tre'vre 5' els aarv^ vvv 5' el'/cocri iikv eis darv^ irevTeKaiSeKa 8 els Tleipaiea. But here also the numbers vary with the lexicographers. See Harp., Suid., Phot. Five aiTov\aKes in Lys. 22, 8 ace. to the emendation of Bergk, Rel.com. Gr., p. 18. * They kept statistics of the imported grain: Dem.20,32. Cf . Lys. 22. For their official duties see Arist. 51, 3 : oiroi Sk iTLfMeXovvrat irpCisTov fiku Sttws 6 iu dyopq. (TITOS dpybs &vios ^araL SiKalws, iireid' 6iro}S ot re /xvXwdpoi irpbs rets ri/xas tu)u KpidSiv TO. AX0iTa TTuX-qa-ovaiv Kal ol dprowQiXai. irphs rds Tt/ids tCjv irvpuv tovs Aprovs Kal rbv arad/Mbv Ayovras, 6(X0v h.v oCrot Ta^oxriv 6 yap udfj-os tovtovs KeXevei rdTTeiv. Cf. Lex. Seguer. 300, 19 sqq., Harp., Suid., Phot. 260 Gilbert I. 248.] Other Ordinary Officials. [Gilbert II. 290-1. that passed through the Athenian ports.^ Besides this, all we know of their official business is that they were the authorities before whom were brought cases of <^ao-is against citizens or Metics who lent money on ships which had not taken cargo for the harbour of Athens.^ Just as the Athenian mercantile port had its inspectors, so also had the war harbour, which was guarded by five hundred sentinels chosen from the Demes. These inspectors were styled iiriaeXTiTal oi Twv v€(opiwv i7nfA.€\r)Tai It may be accepted as certain twv vwpUav. that they too were ten in number, and appointed by lot, one from each tribe.^ According to our authorities, chiefly inscriptions, they had the superintendence of the docks and arsenals. They gave out ships and equipment to the Trierarchs and had them examined by an expert after the Trierarchs had returned them. They kept account of those who owed money to the docks, collected the debts, and presided over those courts which had to give judg- ment in naval matters.* Probably on account of the scarcity of water from which Attica suffered, the office of superintendent of the wells seems to have been one of great importance. This can be gathered ^ i^^ toLs from the fact that he was elected, and acted alone, KpTjvas. * Arist. 51, 4: i/xiropiov 5' iTnfiekrjrks 5iKa KKrjpovaLv (cf. Dein. in Arist. 10) TOjJroiS 8k irpoffriTaKTai rCbv t i/xTropiiav eiTLixeXeladaL kol tov airov toO KarairX^ovTOS els t6 acTTLKhv ifnropioy to, 8vo fi^pr] rods i/nirdpovs dpayKd^eiv els t6 Acttv KOfxi^eiv. From this source : Harp. iTnfieXTjTtjs ^jxiropiov. Said. iirLfxeXrjTal and iirifxeX-qras i/jLTTopiov. Et. M. eTTi/xeXT/rat. Lex. Seguer. 255, 22 sqq. A late inscription (C.I.A., II. 475) mentions an elective i-rrLfieXTjTTjs iirl rhv Xtfjiiva. 2 Dem. 35, 51 ; (Dem.) 58, 8/9. We possess no accurate, detailed informa- tion about the iTnfxeX-rjTal ifxiropiov. Baumstark, de curatoribus emporii et naiitodicis ap. Athen.^ 1827, discusses all the possible theories. 3 ^povpol vewplwv trevTaKbcLoi are mentioned in Arist. 24, 3, and with these the (ppovpol of 62, 1 are identical. In an Athenian psephism of the year 405/4 ol vecopol (cf. Hesych. veupds' peo}pio(f)v\a^) are mentioned as a board {'Apx- deXrlou, 1889, pp. 25/6, 1. 30. Cf. C.I. A., IV. 3, 78a), who in the fifth century seem to have had the superintendence of the Athenian war- harbour. In the fourth century they are called oi tQp vecapLoov ^TriixeXr}Tal : Seeurk., XVI. b. 121, p. 535. 107, p. 534=C.I.A., II. 811 6, 105 sqq. ol tQp ve(j}pi(j)v &pxovTes : XVI. 6, 139, p. 586=11. 811b, 140. oi iv to'ls vewplocs dpxovres : X. c. 125, p. 378=11. 803c, 121. They made out the statements of accounts given in Boeckh, Seeurk.=CJ.A., II. 789-812. Particulars in Boeckh 49 sqq. For their number, ten, see Kohler, Mitth. d. dtsch. arch. Inst, in Aih., 4, pp. 84/5. * All this is obtained from inscriptions ; Boeckh 55 sqq. For evidence from literature cf . Dem. 22, 63. (Dem.) 47, 22. Lex. Seguer. 282, 6 sqq. The expert is called 6 doKLnaarrjs, II. 56, p. 288=11. 794c, 88. 261 Gilbert 1. 249.] Athens. [Gilbert II. 291-2. without a colleague. 6 lir\ Tas iirLaKevd^eLf. The oSoiroioi are men- tioned again in ^schin. in Ctes. 25. ^ Arist. 50, 1 : KXr)povvTaL 8k Kai lepuiv evicrKevaaTai, S^Ka 6.v8pet, ol Xa/x^dvovTes TpiaKovTa fiPOLS irapd twv diroSeKTuv dirioKevd^ovaLu to. fidXtaTa 8€6iJ.€i'a tQ)u lepuip. * Arist. 54, 6 : . KXrjpot 8k Kai lepoiroiovs 8^Ka, tovs iwi to, iKdvfiaTa KaXovfjJvovs, [ol] rd re fi[ap]T€VTd lepd dvovatv, k&v tl KoXXLeprjaai 8eri KaXXupovat /ierd tCjv tidvT€{o)v] : Et. M., p. 468, Upoiroioi, Phot, s.v., Lex. Seguer. 265, 22 sqq., have confused the functions of these and of the itporroLoi next to be treated of [Sandys, p. 197]. * Arist. 54, 7: KXrjpol 8k Kai eTepovs Se/ca, tovs /car' iviavrov KaXovfievovs (C.I.A., I. 18S, 5 sqq. 'E0. dpx-, 1883, p. 121 sqq. /3. 8, 38), ot Ovviat t^ rcvas Bvomi. [koX T\d% \Tr€VTe\T't)pL8a% dirdcra^ SioLKOvffiP irXrjv Jlai'a^TjJ'ata)!'. e[ial 8k] irepTeTijpLSes, /Jiia fji[kp 7) €i]s Ai^Xop (^(XTL 8k Kai e7rT€T7)pl$ evTavda), 8evT€pa 8k Bpavptopia, TpiTr] \8k Hpd/cXct]a (for which Schoell, Sitzungsber. d. bayr. Ak., 1887, 1, 13/4 plau- 262 Gilbert I. 249.] Other Ordinary Officials. [Gilbert II. 293. The management of the penteterid part of the great Panathenaia was the duty of ten Athlothetai, appointed by lot, one from each tribe, and holding office for four years. They had to .^x a/ make preparations for the great Panathenaia, to arrange the Pompe, and manage the gymnastic, equestrian, and musical contests.^ The office of the /SoCjvaL was given to distinguished citizens as a mark of honour. They were elected to buy oxen for the sacrifices.2 P°^^*"" Besides the ordinary officials enumerated above, there were extraordinary officials who were appointed by special Extraordin- psephism, at special times and under special conditions. ^^ officials. In the first place, mention must be made of the lina-Tarai twv SrjfjLoa-Luiv epycoK, who were elected in varying number, iTrLo-rarai probably from among all Athenians, to superintend t»v 8t]|io}(v S)k ol iepo{iroLoi (bs dpiffTo). They are expressly designated lepoiroioi Kar ivtavrbv in the Eleusinian accounts in the 'E0. apx-, 1883, 121 sqq., j8. 35 sqq. An in- scription referring to the Eleusinian penteteris in 'E0. dpx- 1883, 121 ff. ^ 46 fF. These permanent lepoiroLol were different from the committees of lepoTTOLol nominated for special occasions. For these cf. Schoell 1 sqq; ^ Arist. 60, 1 : KK-qpovai 8k Kal ddXod^ras 5e/ca dvSpas, eua Trjs (pvXrjs eKdarrji. ovTOt Se 8oKLfiaadevTes dpxovai rirrapa ^ttj Kal 8toLKo0cri ttjv re Tro/XTrijv tQv Jlav- adrjvaioiv Kal rbv dyC)va rrjs fJ.ovaai ^oibvas pAXL(XTa xetporoi'etcr^at. Lex. Seguer. 219, 22 sqq. That there were several ^oQ>vai is apparent from C.I. A., II. 163, 741. 3 ^schin. in Ctes. 14. 29. C.I. A., I. 289 sqq. Bull. 13. 174 sqq. The number of these eTnaTaTat, according to what evidence we have, varies 263 Gilbert I. 250.] AtJietlS. [Gilbert II. 294-5. the expense of constructing public works among the tribes, who then appointed from their number a board of overseers to supervise their share of the work. The most important of these tribe-com- missions were the rti^iroioi^ ra^poizoioi^ and tpi-qpo-Koioi} To the extraordinary officials belonged also the ten dTroo-roXe??, . ^ who were elected from among all the Athenians, in case oLirooTToXcis* of need, to see to the despatch of the fleet required.^ The a.Tro(Tro\^% in addition had the right of punishing dilatory Trierarchs, and supported the inspectors of the dockyards in settling any questions arising from the despatch of the fleet.-^ In times of famine at Athens corn was bought partly at the State's expense, partly from voluntary contributions, and was then distri- buted to the poor from the public granaries, probably at less than cost price. The purchase of this corn was entrusted sometimes to one, sometimes to several elected o-tToii/at.* We meet too with other committees: ^rjTrp-aLj with judicial and tTiTTiTaf. financial duties ; ^ iieraa-TaL, who had to count the troops enrolled by the State, so that the Strategoi €§€Tai> is mentioned, though at an earlier date there were several. 'E0. dpx., 1887, p. 187. ^ Elected ^Trjrai after the mutilation of the Hermae : Andoc, de Myst. 36. 40. 65. Financial ^rjT-nrai, to discover what private persons possessed state property: Lys. 21, 16; Dem. 24, 11. See Harp, ^t^tt/tt^s. Phot. ^77x777775 and ^T]TT]Tai. Poll. 8, 115. Lex. Seguer. 261, 4 sqq. The fxaar^pes, I do not consider Attic. Harp., Phot., s.v. 264 Gilbert I. 251.] Officials ; The Councils. [Gilbert II. 295-6. amount of money due for soldiers' pay ; ^ and Tropro-Tat, whose duty it was to procure for the State the money neces- sary to meet a deficiency.^ B. The Council of the 500 and the Council of the Areopagus. After the constitutional changes of Cleisthenes, the Athenian Council consisted of 500 members, a number which was raised to .600 on the introduction of an eleventh and twelfth Number and tribe. The full title of this Council was ^ ySovX^ ot Name. TTcrra/coo-ioi, and later rj fSovXr] ol k^aKoatoi^ but this was regularly shortened into t) ^ovXiq.'^ Every Athenian citizen, who had reached his thirtieth year, and was possessed of full citizen- Mode of ship, was eligible for the /SovXcta, i.e. for the post appointment, of councillor; but it could not be held more than twice by the same person.^ The councillors were appointed by lot, 50 from each tribe, and probably in this way : — each Deme nominated a certain number of candidates proportionate to the size of the Deme, and from these were appointed by lot — probablj'' with due regard to the size of the individual Demes — first the councillors, and then those who were to replace them in case of eventuali- * Their duty is so described in Lex. Seguer. 252. 6 sqq., which is in harmony with jEschin. in Tim. 113, and defals. leg. 177. 2 Beitr., 387 sqq. Beloch in N. Rhein. Mus., 39, 249 sqq. I have not spoken here of the offices temporarily instituted during times of rapid constitu- tional change. For these I refer the reader to Beitr., where the Trpb§ov\oi are treated, p. 289 sqq.; the /caraXoYcij, 314 sqq. ; the dvaypa^e^s tQjv vbfiwv, p. 326 sqq., the (nryypa(p€is, p. 341 sqq. See also R. Schoell in (Jommentat. phil. in honor. Mommseni, p. 458 sqq. Foucart in Bull. 4, 248 sqq. For the cnjvdiKOL and avXXoyecs, who were in office for several years after the downfall of the Thirty, see Schoell, Quaed. jisc. iuris att. ex Lysioe. orationih. illustratce, 1873, and Meier 2, 123 sqq. ^ The Dissertation of C. van Osenbruggen, Haag, 1834, which is now to a large extent out of date, and Heydemann, de senatu Atheniensium in Dissertat. philol. Argentoratens. Sel. 4, p. 151 sqq., deal specially with the Athenian Council of 500. tj ^ovXtj ol TreuTaKdaioi : Lye, Leocr., 37. JEschin. in Ctes. 20. ij ISovXt] oi e^aKocioi : C.I.A., II. 476. Probably after the institu- tion of the Ptolemals tribe there were for a short time 13 tribes. At any rate there is evidence of a council of 650 members, i] jSouXtj oi e^aKdaioi Kal irevT-fiKovTa: 'E0. dpx-, 1887, p. 177, 1. 25/6. * For the definition of ^ovXda see Harp. s.v. The ^ovXela could only be held twice by the same person. Arist. 62. 3 : ApxeLif 8^ rets p-kv /card ir6\ep.ov dpxds l[fe(r]Tt irXeovdKis, tG>v 5' &Xku}v ovdepLiav ttXtjj/ ^ovKevaai Sis. [Headlam, On the lot, p. 50.] The age of thirty : Xen., Mem., 1, 2, 35. 265 Gilbert I. 252.] AtJienS. [Gilbert II. 296-7. ties.^ After npmination the Bouleutai had to pass a Dokimasia before the old Council ; in this examination the candidate's whole life, public and private, was subject to criticism, and Dokimasia. * ^i • i i n i • i • any Athenian who chose could bring charges against him. In early times this Dokimasia was final ; but afterwards the rejected candidate was at liberty to appeal from the decision of the Council to a court of the Heliaia.'-^ Before their entrance on office (which, it seems, took place in the middle of Skirophorion, and was attended with festal etcriTT^pta), Oath of the Bouleutai took an oath of office, by which they Office. bound themselves to administer their office according to the laws, to keep the statutes of Solon, to give the people the best advice, -to reject the unworthy at the Dokimasia of the next ^ Arist. 43, 2 : /SouX?? KX-qpoOrac ^vXijs eKda-Trjs. The method of nomination is described in Arist. 62, 1, and with this p. 153 should be compared. It was not obligatory to nominate candidates for the /SoyXeia, and consequently insignificant Demes took no part, and held themselves aloof from politics, as the lists of the Prytanies shew : Kohler, in Mitth. d. dtsch. arch. hist, in Ath., 4, 105/6. We find from inscrr. that the number of Bouleutai supplied by the same Deme was practically identical in various different years ; from this, we may infer that in the nomination of the Bouleutai the size of the individual Demes was taken into account. Cf . Beloch, d. Bevdlker. der griech-rdm. Welt., 102 sqq. Lists of the Prytanies in C.I.A., II. 864-874. That men gave notice of their candidature is proved by Lys. 31, 33, where it says of a candidate for the §9v\eia: uxnrep uvv irpoOvixojs K\y}p(aahfJL€vos ffKde. Difference between Xaxivres and einXaxovTet : ^schin. in Ctes. 62. That for each councillor there was a substitute allotted to take his place if necessary is to be inferred from the Platonic Hyperbolos in Meineke 2, 670 : eumxeis w deairoTa. — B. tl 5' ^(ttlv ; A. ^ovXeveLv dXiyov 'Xaxcs irdvv.-^&Tap ov Xax<^v ofnos Aaxes, r)u voOv ^XV^' — -^' ""(Ds t)u ^x^ vovp ; A. OTi TTOvrjpcp Kal ^evif — eVeXaxes di'Sjji, /uLrfdeTru yap iXevdepCf) . . . B. &irepp' iyCo 5' vixiv rb irpdyfia 8t] (ppdau) — 'TTrep^oXcp ^ovXijs ydp^ du5pe$, kiriXaxov. Cf. Beitrdge, etc., 81 ; Harp. CTrtXaxwi', where however what is correct in the case of the Bouleutai is wrongly made to apply to the magistrates as well : eTTiXaxwj/ — iKXrjpovvTO ol ^ovXeveiv i) &pxetv €4>Ufi.evoi, ^ireira eKdari^ tCjv Xax^VTiov 'erepos ^weXdyxo-vev, 'iv\ edv 6 irpdoTos Xaxcbi' diro^oKiixaad-^ ^ T€XevT7}a-ri, dur'' EKelvov yeurjTai ^ovXevri^s 6 eTrtXaxtJ" avTip. For the selection by lot with beans in the case of councillors see Thuc.8, 69 : rots dirb too Kvap-ov ^ovXevrats. [Headlam 41-56. 86. 188]. 2 Dem. 21, 111 ; (Dem.) 59, 3. The Dokimasia takes place before the old council : Lys. 31, 1. Arist. 45, 3 : doKifid^ei 5i (sc. ij fiovXrj) Kai tovs /SouXeuras Tovs t6v {jarepou eviavThv ^ovXevaoPTas Kai tovs ivvea dpxovras. Kal irpdrepov fiev ifv dnodoKifxda-aL Kvpia, vvv dk (jcaCy toijtols ^eopia a member by iKvX\o(fiopLa, which was either confirmed and Account or reversed by a subsequent formal and judicial trial before the Council.^ At the end of its year of office the Council ^ Their entrance on office in the middle of the month Skirophorion seems to follow from Arist. 32, 1. WciriqpLa at the Councirs accession to office, Thuc. 8, 70 ; Dem. 19, 190 ; 21, 114. The ^ov\€vtlk6s opKos dated from soon after Cleisthenes' time, Arist. 22, 2 : irpwrou fxev odu erei iri^nrTi^ jxera Tavr-qv TT]v KOLTaaTacriv i(f> "EipjxoKp^ovTOS dpxovros ttj §ovKrf rots irevTaKoaioLS rbv 6pKov iiroLTja-av, df en Kal vvu dfivijoucrtv. Particulars of the /SouXeuriKos 6pKos: /card Tovs vofjiovs ^ovXevaeiP : Xen., Mevi., 1. 1. 18, toUis 'ZioXoivos vop-ovs ipbirehuxxeiv : Plut., Sol., 25, rd jSAricrra ^ovXevaeLv rep b-qixip tCjv ' Kdrivaioiv : (Dem.) 59, 4. Lys, 31, 1, CLWoipalveLu, e'i tls riva oWe tQu Xax^VTWv dveiTLTTjdeLov 6uTa ^ovXeveiv : Lys. 31, 2. Cf. 26, 8. The clause relating to imprisonment of Athenian citizens is given in Dem. 24, 144. For an addition of the year 410/9 in Philoch. in the Schol. Aristoph. Plut. 972, see Beitr., 348 sqq. •, and for another in the year of Eucleides, Andoc, de Myst., 91. See Taylor, Led. Lys., p. 325. Hof- mann, de iuris iurandi ap. Athenienses formulis, p. 38 sqq., Darmstadt, 1886. 2 For the wreath : Lye, Leocr., 122. Exemption from military service Lye, Leocr., 37. Seat of honour in the theatre = ^ovXcvtikos tottos: Aristoph., Birds, 794, with the Schol. Hesych. ^ovXevriKov. Suid., ^ovXevTLKos. Poll. 4. 122. The ^ovXevTiKbs ficadbspi one drachma: Hesych. /SokX'^s Xaxetv. Thuc. 8, 69. In Aristotle's time five obols : Arist. 62, 2. Kohler understands the Ka64i^eTO ij ^ovXrj irepl avTOv, el XPV clvtou /j.r]KeTL ^ovXeveiV avrl b^ xf/rjcpwv vX\o(p6pT](Te ixkv avTou, iv bk T77 \pri(p Karedi^aro, on which a Schol. says : dta 4>6Wo}v yap oi ^ovXevral €\f/T}(t>l^ovTO h rrj irpdjTri 8oKifiaopij(Tai — /ierd 8^ rb oKCopai KaKovpyovvra SievoTifiov tov vtttip^ttjv iu rots Acud/iois, oirrus i] rCsv (pvWwv iirevo-qdr}. i^Tjv ixivTot iv ti^ SiKaffT-qpltp KaraSix^adai Toiis iK^pvXKocpopT)- dhras, ws Kal A-rj/jLoad^vTjs (priaiv iv Tip Kara Neai'/xis, where, however, nothing is said about it. If the statement of Et. M. is correct, we must understand by 5i«-ao-rT7/)io;/ the council acting as a court of justice. Deinarchos' speech Kara UoXvcvktov iK. 2 The following have written on the clerks of the Council : — C. Schaefer, de scribis senatus populique Atheniensium, Greifswald, 1678. Hille, de scribis Aiheniensium in Leipziger Stud., vol. 1. Kornitzer, de scribis publicis Atheniensium in the Progr. von Hernals, 1882/3. Hartel, Stud. lib. att. Staats- recht und Urkundenwesen, 119 sqq., and the author in the Phil. 39, 131 sqq. To what extent I have altered my views on account of the evidence of Arist. 54, 3 sqq., will appear from what is said in the text. ^ In Aristotle's time there were three secretaries to the Council. The first he describes, 54, 3, in the following terms : Kk-qpovai 8^ Kal ypa/nfiaria rbv Kara irpuravelav KaXoO/xevov, 8s tQv ypafi/jAruiP (r'y icrrl Kvptos /cat ra \f/riis ipSo^OTarovs Kal TricrTOTdroi/s [iX^ip]oTbpovp' Kal yap ip rats (TT-qKats irpbs Tats avfifiaxiais {e.g. C.I.A., II. 17), Kal irpo^evlais {e.g. I. 45), Kal iroXirelais {e.g. I. 59) oOros dvaypdcperar pvp S^ yiyope KXrjpuTds. Harp, ypafi/xare^s only notices this secretary, while Poll. 8, 98 gives a complete extract from Aristotle. In C.I. A., I. 61 the dpaypacprjs rdp pbfxoiP are to receive Draco's laws as to murder, irapd {t)ov {Kara irpvrapdav ypafifjLay^ujs ttjs ^ovXrjs. I consider this reading of Kohler's {Herm., 2, 27) undoubtedly correct, not Schaefer's attempt, 13 sqq., irapd {t)ov (jSao-iX^ws fierd TOV ypap,fia)T4u)s ttjs ^ovXrjs, especially as there is evidence of the scribe changing with the Prytany before Eucleides. See C.I.A., I. 188, 58, IV. 51, 268 Gilbert 1. 254.] The Five Hundred. [Gilbert II. 299-300. of the sixties in the fourth century the character of this clerk of the Council changes : he seems after this to have been appointed by lot for the whole year. His title was the same as before, except that the abbreviation ypaixfjLaT€v<: Kara TrpvTavuav^ which meets us for the first time B.C. 358/7 or 354/3, became more and more frequent, alternating with ypa/A/xarcus t>}s ^ovA.^?, until the latter died out.i The fact that, after this change in the character of the secretary to the Council, the abbreviation of his title ypa/x- /xaT6vs Kara Trpuravctai/ becomes more common, is most easily ex- plained, if we suppose that when this change was made the second secretaryship spoken of by Aristotle had been established. This second secretary was appointed by lot, and had to fulfil the same duties with respect to the laws as the first secretary had to perform with respect to the decrees of the Council and people. There are no traces of this second secretary in the inscriptions, but he was without doubt styled y/oaju/xareu? ttj^ jSovXrj? ; so that it was probably in order to distinguish him from the first secretary I. 59, and the formula for designating the year, iirl ttjs povXi)s, v 6 Seha irpCoTos iypaix/uLdreveu : I. 33, 176, 188, 273, 301. If besides this scribe, who changed with the Prytanies, there had been an annual one, it would have been more natural to use his name to designate the year. The writing and setting up of the psephisms was regularly intrusted to the secretary to the Council. For his official functions as keeper of the archives cf. Ath. 9, 407 c ; C.I.A., IV. 51, fr. f. gr. 28 sqq., 61 a,. 26 sqq., II. 17, 63 sqq., 49, 12 sqq. 'Apx. SeXHov, 1889, p. 26, ^25 sqq. Dittenberger, Syll. 101, 60 sqq. dvTiypdcpeadaL and di'Tiypaj vdfxovs of Aristotle. 2 Arist. 54. 5 : xetporoi'ei dk Kal 6 dTjfiOs ypafxfiaria rbv dpayvuadiuevov avTifj Kal T7) ^ovXrj Kai o5tos oiidevds iari K^pios dXX' ■^ rod dvayvQuat. In Thuc. 7. 10, 6" ypafx/Marei/s 6 ttjs TriXews reads documents in the assembly of the people. According to the arrangement introduced by Lycurgos at the representa- tion of plays of ^schylus, Sophocles, and Euripides, 6 ttjs 7r6Xews ypa/uL/jLareiis was to follow the play in a copy belonging to the State, to see that no changes were introduced : Pseudoplut., viL Lye, 11. p, 1026, Didot. This evidently unofficial designation corresponds to 6 ypafi/xarei/s ttjs^ovXtjs Kat TOV d-qpLov. He was probably mentioned in the lists of the Prytanes (C.I.A., II. 865, 867, 869, 870. Bull. 13. 348), because the honours were decreed to the Prytanes by the people and Council. See K5hler on II. 865. In C.I.A., II. 114a, which the ypafip-arei/s /card TrpvravcLav is to draw up, the words Kal dva{yvG})vai Tdde r6 ■^'i}L(rfxaTaj of whom there is evidence for B.C. 343/2, and by the avaypa^cvs, attested for the years 321-318 1^ his regular assistant was the vTroypa/xfiarev^.^ The Council elected from among its members' two treasurers, who had control over the money which had to be paid for the publica- tion of the decrees of the Council and for certain sacrifices.^ Lastly must be mentioned the herald of the Council, who was a paid official.* As the whole Council could not always be together, the adminis- tration was arranged for in the following way: — to transact current business and to prepare proposals for the Council, the 50 councillors of each tribe formed a permanent committee for the tenth part of a year. They were called 7r/ovTav€i5, and the order of the tribes for this purpose was settled each year by lot.^ This tenth of the year was called a ir/ovravcta, and in the ordinary year consisted of 35 or 36 days, in ypafifxafeus Kara. irpvTaveiav, also called irepl ^7JiJ.a, — the identity of these two can be deduced from C.I. A., III. 10 (see Hille 220/1),— and the ypa/jL/xareiis PovXijs Kal d-ZifMov, also probably called simply ypap-fiareds ^ovXijs (C.I.A., III. 1038, 1045), are dtairoi : C.I.A., III. 1029 sqq. 1 For the former see C.I.A., II. 114, for the latter II. 227. 228. 229. 'ASp. 6. 133. Bull. 12, 147. Schaefer 31 sqq. C.I. A., II. 190 : iireidrj 6 dvaypaipeiis KaXKiKparldTjs Ka\Qs Kal diKaiojs iTrifxefxiXTjTai t?}s dvaypa^ijs rQyypafjLfxdTuv. 2 For the vTroypa/M/xarei^s ttJs ^ovXrjs see C.I.A., II. 329. 393. 431. 441. Hille 230 sqq. 3 Two ^ov\7Js Tafjt,lai B.C. 343/2: C.I.A., IT. 114. They controlled rd /card }l/T)(f>l(TixaTa dva\LQ>vTos. So Suid., Pkot. s.v., Lex. Seguer. 291. 4 sqq. Arist. 43, 2 says : irpirrape^ei d' iv fi4p€i rdv (pvXQv iKdarrj Kad^ Sri B.y Xd^wctv, at /ikv irpQnai Tirrapes ?| Kal X' i)/Ji4pas eKdarr], al Sk s' ai varepai irhre Kal X' i^fx^pas iKdarTj. jcard (TeXiJvTjv ydp Ayovaiv rbv iviavrbv. 271 Gilbert I. 25^6] Athens. [Gilbert 11. 302-3. leap year of 38 or -39 days.^ It was only after the number of the tribes was raised to twelve that a Prytany generally corresponded to a month.2 The presidency in this committee of the Council was held by the eVto-rarT/? twv Trpuravcwv who was appointed by lot ; for one day and one night, and could only hold this office once during the Prytany. He kept the keys of the state- treasury and the archives, and the Athenian state-seal, and had to be con- tinually present with a third of the Prytanes in their official chambers.^ The Prytanes in office elected from their number a 1 The Athenian year was a lunar year of 12 lunar months, six full months with 30 days each and six hollow with 29 days each, in -all 354 days ; in leap year a thirteenth month of 30 days was added. The months of the Athenian year, which began in the first half of our July, were'E/caro/x/Saiwi', MeraYeiTJ'tCi)!', Borjdpo/xLcvu, Iluai'ei/'twJ', 'M.aLfiaKTrjpubu, Uoa-eidewv, Ta/xriXubp, 'Avde(TT7}pi(bu, 'EXacprj^oXiLov, Movvvxi-'^t', QapyrjXubv^ 1iKipo(popiu)v. The Athenian intercalary month Uoaeidewi^ B or varepos (C.I.A., II. 191) came after the sixth month. For Hecatombaion intercalated (an inference from Dittenberger, Stjll, 13 1. 54 = C.1.A., IV. 2. 27 b) see Ad. Schmidt in Jahrb. f. d. Phil., 1885, 681 sqq.; and for the Attic Calendar see his Handh. d. griech. ChronoL, 1888. The four days remaining after the division of the 354 or 384 days of the year by 10 were probably assigned by lot to 4 Prytanies. Schmidt, 235 sqq. Arist. 43, 2 says : TrpvTauevec d' iu ixipei tCju vKQ)v iKdarr}, Kad' 6'ti B,u Xdxcaaiv, al fih Trpurai r^rrapes ^^ Kai \' rjfi^pas e/caaTT?, al 5^ s al varepai irhre Kal \' ijfiepas eKdart)' Kara ceKrivqu yap dyovaiv tou evLavrov. For the last expression, if it is not to be considered a gloss which has crept into the text, cf. Gomperz, d. Schrift vom Staatswesen d. Ath. und ihr neuester Beurtheiler, 1891, pp. 39, 40. We cannot admit a further division of the Prytany into 5 divisions of 7 da.js each, during which time 10 Prytanes are said to have been -n-poedpoL. K. Fr. Hermann, epicrisis de proedris ap. Ath., Gott., 1843, and— a comple- tion of his work — Prill, de senatus Atheniens. epistatis et proedris, p. 13 sqq. Mtinster, 1858. 2 Until the introduction of the twelve tribes, we find the double dating in documents according to Prytanies and months ; afterwards months and Prytanies for the most part coincide. Poll. 8, 115. 3 Arist. 44, 1 : ^crn 5* eiria-TdTTjs tup irpvrdveojv eh 6 Xax^v' ohros 5' eTTLaTarei vvKTa Kal ijnipap Kal ouk 'iarip oiire TrXeico xP^^op o6t€ dis rbp avrbp yep^crdai. Tijpec 5' oCros rds re /cXets ras tC}P lepujp, ip oh rd xp^/iar' iarlp Kal (jdy ypdfifiaTa rrj iroXei, Kal TT]P dtj/JLoaiap (xcppay'ida Kal /xepeLP dpayKalop ev ry doXip to0t6p iarip Kal tplttvp Twp irpvTapeup, ■>)»' dp ovtos KeXevrj. From Arist. comes Telephos ap. Eustath. on Od. 17, 455. 1827 : yiperai ydp, (prjaip, iiria-TdTris ' M-qprjaLP iK twp irpvTapewu efs, 8s eTTtorarei pvKra Kal ripApap piap Kal TrXeicj XP^^°^ ot)/c i^ecrrip ov8^ 8h t6p avrbp yep^crdai rets re /cXets, ep oh rd xPVf^^''''^ ^'^(^'■i (pvXdaaei Kal rd ypdp./JLaTa r^s TToXeojs Kai rV d-qpioaiap (rv TT/ooeSpwv was chosen by lot.^ The Council was usually convened by a Trpoypafx/xa of the Prytanes, or a summons of the herald ; in critical j^jQ^^j^-g times it probably sat permanently.^ It assembled every day except festivals and unlucky days.^ The sittings, called cSpat, were generally held in the /3ov\€VT7JpLov, but under special circumstances in other places, e.g. in the Eleusinion, at the x^/^^j i^ ^^6 dock-yards, on the Acropolis, in later times in the Theseion as well, in the theatre, and in the Panathenaic Stadion.^ They were as a rule public, and the audience were only ^ Arist. 44, 2 : Kal iTreidSiu (XvvaydycJcrLV ol Trpyrdvets rrjv ^ovXtjv t^ rbv drjfiovj o5tos (6 ein(XTdT7)S tCjp TrpvTavefav) Kkrjpol irpo^dpoui iuvia, 'iva etc ttjs (pvXrjs eKdaTrjs ttXtjv TTJs TTpVTauevovaTjs, Kai TrdXiv €k to{it(j)v eiricrTdTriv 'iva Kal TrapaSLdojai rb Trp6ypafjbfj.a avTO?s' ol 5^ irapaXa^ovres ttjs t euKoa-fiias iirifxeXovPTat Kal virkp &v Set xpT/ztarifeti' irpoTLdiacnv Kal rds x^'POT-ovtas Kplvovffiv Kal ra &Wa irdvTa dioLKOvatv Kal toO [[t']] dvA^ TrpvTavivova-a and later the TrpScSpot of course occupied a special place.* About the order of business at the Council's meetings we are very in- j sufficiently informed, but from the few statements which we y possess, we may suppose that it resembled that of the Ecclesia.^ The Athenian Council in early times possessed very extended C.I.A., II. 372. 431; at an aTrSa-ToXos iirl x^I^^^ti-'- Seeurh. XIV. h. 15 sqq., p. 466= C.I. A., II. 809b, 15 — for the position of the xw^a see Wachsmuth 2, 1, 95 — iv raj veojplcx} in C.I. A., I. 40; sometimes on the Acropolis : Xen., Hell., 6, 4, 20. And., de Myst., 45 ; in the Theseion : C.I.A., II. 481 ; in the theatre and in the Panathenaic Stadion : C.I.A., II. 482. Sse Hartel, 62. ^ Dem. 19, 17: t6 yap ^ovKevT'qpLov fiearbv ijv Ihnindv. Spu^axra (Xen., 5eZZ., 2, 3, 50. 55), or a KiyKKls (Aristoph., EquiL, 641) excluded the public; but yet those standing outside the barrier could hear the speeches of the Bouleutai. See the description in Aristoph., Eqtiit., 624 sqq. 2 ^schin. in Cfes. 125 : eiaeXdOov els rb ^ovKevrijpLov Kal fieTaa-rrjcrdfievos toi>s idiurras. On such occasions too they seem to have had a KiyKXis, put perhaps at a further distance than usual from where the Bouleutai sat. (Dem.) 25, 23 : rb TT)v ^ovhriv tovs irevTaKoalovs airb rrjs acrdevovs TOLavrrjcrl KLyK\i8os rdv airopp-qTUv Kvpiav elvaL Kal fxif] tovs IdLojTas iirei.-qifi irapavbiiwv. Cf . Plut., Sol.^ 19 : fji-qbh idv dirpo^ovXevrov sis iKKXrjaiav elacpipeadaL. More on this topic will be found in the section on the Ecclesia. 2 (Dem.) 47, 34 and the law in Dem. 23, 87 : xp-qcpLaixa 5k fj,r]5h fi-qre ^ovXrjs fi-qre drjjxov vo/jlov Kvpiibrepou elvat. For xl/rjcpLa/ia and xl/rjcpL^eadaL, said of the jSouXt/, see Kirchhoff, Abh. d. Berl. Ak., 1865, p. 74. It cannot be definitely- settled whether in Dem. 23, 92 (cf. Lex. Seguer. 289, 29) xp-qcpLcr/jia stands for irpojBoijXeviJia, as Hartel (demosth. Stud. 2, 54, 1 ; Stud. iih. att. Staatsr. u. Urkujidenw. 261) supposes, with whose further remarks however I do not agree ; or whether the words 6 pd/mos 8' iirireia KeXeiei rd ttjs ^ovXi]s elvat xj/rfcplaiuLaTa^ ret ^r to the independent decisions of the Council and to the Probouleumata. A ypacpi] irapavbiioiv was admissible against a x}/ri(pia/jLa of the Council : (Dem.) 47. 34. A collection of the psephismata of the Council which remain to us is given by Hartel, pp. 60/1. They are decrees of honour, or the like, with few exceptions. (Nomination of a herald : C.I. A., II. 73, 1. Decisions on matters of religion: II. 404. 489b; on financial affairs: II. 74. E,e-erection of an inscription-stele destroyed by the Thirty : II. 3. Permission to private citizens to erect statues of honour : II. 475, 487). See Heydemann, p. 157 sqq. Their prefaces are constructed like those of the decrees of the people. 3 In a decree of the assembly about the equipment of an d-rrocrToXos which 277 Gilbert 1. 261.] Athens. [Gilbert II. 309-10. authority in the State the Council had the magistrates under its control, and to it they had to report. It gave them the necessary warrants, and could call them to account for their conduct.^ The competence of the Council accordingly extended to all affairs which came up for discussion before the Ecclesia.^ Some of the most important matters that it dealt with may here be mentioned. The Council attended to the efficiency of the national forces, and consequently superintended the shipbuilding, repairs, and general supplies for the fleet and the dockyards, for the cavalry, and without doubt for the hoplites too.^ It examined • the Council was to direct in accordance with the provisions of the psephisma, it says at the end : iav M tov vpoadhi t65€ to \l/rj(pL(rfMa tCov trepl rbv dirocrToXov, T7]v ^ovXrjv Kvpiav elvai xJ/rjipi^eadaL firj XOovaav ixr}dh tQv exprjipia/j.ivoijv rip drjfJLtf} : Seeurk., XIV. b, 32, p. 467=C.I.A., II. 809b, 32. For full powers given to the Council in special cases see C.I.A., I. 32 : (rwa-yoiyy^s dk TdWoyia-Tibv ij ^ov\t] a^TOKpdTwp '4(TT(a. IV. 22a. fr. d. e., 1. 18. II. 17. 1. 34/5. 66b. The Council avTOKpoLTwp in the enquiry as to the mutilation of the Hermse (Andoc, de MysL, 15), in negotiations for peace (Dem. 19, 154). ^ Examples in inscriptions of reports from officials, ambassadors, priests, etc., to the Council are collected by Swoboda in N. Rh. Mm., 1890, 289 sqq. Arist. saj's twice, 47, 1 and 49, 5, of the Council : crvvdioiKel d^ /cat rals fiXXats dpxats TCL irXeiara. Cf. 45. 2 : Kpiuei 8^ rets dpxas i] /Soi/Xtj rds TrXeto-ras, /xdXio-ra 6crai %p?^/xaTa biax^ipl^owLV oii Kvpia 5' 7] Kpiais, dXX' i eavr-qs eTvai /cat diravTas iKirodojv airox(^pelv. See however "Wachsmuth 2, 1, 346. A meeting on the Areopagus in (Dem.) 59,79 sqq,, which according to § 79,80 was secret. Dem. 18, 134 speaks of a special method of voting, airo rod ^oifJLOv (pepeiv ttjv \l/r}(pov. ^ For the supervision of the /nopiat by the Areopagus see Arist. 60, 2. 3, Lys. 7. Special committee of Areopagites for this purpose : § 7. 25. Saper- vision of the iepa opyds and the other Teixhrj : 'E0. dpx-, 1888, 113/4=Bull. 13, 434 1. 15 sqq. I infer from (Dem.) 59, 79 sqq. that the Areopagus watched over the ritual. Philippi, d. Areop. u. d. Eph,, 166/7, sees in the action of the Areopagus towards Theogenes there described, only steps which it had to take at the Dokimasia of a future member. This seems to me impossible. In my opinion the Dokimasia of the Archons is not at all in question, for Theogenes, according to § 83, is still in office. The possession by the Areopagus of a limited power of punishment in such matters is indicated in § 80 : /cai i^rjfiiov rbv Qeoyhrjv oaa Kvpia itTTiv, ev diroppriTcp Se /cat 5td Koafiio- Tr}Tos' ov yap aiiTOKparopes elaiv, ws Siv ^o^XwvraL 'Adrjvaiwv rivd /coXdcrat. If the passage in the Psephisma of Tisamenos in Andoc, de Myst.^ 84 : iireiddv 8^ Teddcnv ol vdfioL, iTrifxeKeiadoi} ij ^ovXr) i] i^ 'Apeiov irdyov tCov pS/xwu, Sirwi Siv ai dpxctl Tols KeifxhoLs v6/j.ols xp^vrai is genuine, it will explain the action of the Areopagus against Theogenes. 2 Two members of the Areopagus on the committee for melting up images aind erecting from the metal obtained an Anathema for the %ajs i'arpos : C.I.A., II. 403. Two members of the Areopagus and the arpaTTjybs 6 erri ttiv TrapaaK€V7]v supervised tt]v Kadalpeav /cat ttjv iinaKevqv tG)v ev rep ' AaKXrjineici} : C.I.A., II. 839. For various cases of ypacpal dae/Setas see Meier ^ 366 sqq. Platner, Froc. u. Klagen, 2, 138 sqq. The Areopagus did not hear ypacpal dffe^eias in the time of the orators: Lipsius in Meier, pp. 373/4. Philippi 156/7 reduces the powers of the Areopagtis in this respect to the lowest possible minimum. 283 Gilbert I. 267.] Athens. [Gilbert 11. 316-7. The ypa^trj dpytag, which before the reforms of Ephialtes had to oome before the Areopagus, was in later times tried by a Heliastic court. ^ For the supposed control of markets and buildings by the Areopagus we have no reliable authority.^ A committee of five members of the Areopagus had a share in the management of certain financial business. So much inscriptions of B.C. 305/4 tell us ; but we know nothing more.^ If the legal competence of the Areopagus was very much restricted after Ephialtes' reforms, as we should judge from the silence of our authorities, yet even after that time it still main- tained its moral influence.'^ This must be the reason why the Areopagus was not infrequently entrusted by the people with a commission of enquiry. The result of such an enquiry would be conveyed to the people in the form of an dTro^ao-is, to be either referred, after the nomination of public prosecutors, to a heliastic ^ The description of Isocrates 7, 37 sqq. does not refer to the orator's own days, but to the past. The testimony of Pseudoplat., Axioch., 367 A : /cat ttSs 6 ToO ixeipaKiaKov xpoj/os iariv viro crucppovLcrrds Kai rrjv iwi tous veovs atpecriv TTJs e^ 'Apeiov irdyov ^ovXrjs is of no practical value. Phanodem. and Philoch. ap. Athen., 4, 168 A : 8ti 5^ rods dadirovs /cat rot's /^rj l/c tlvos Trepiovaias ^cDvras rb iraKaibv dveKokovvTO ol ^ApeoTraylrai Kal iKdXa^ov, icrrbpiqcFav ^avbd-qpLOS koI ^i\6xopos dWoL re TrXet'ous : but this probably refers to the time before Ephialtes. What Athen. adds from the biographies of Menedemos and Asclepiades, and what Diog. Laert. 7, 5, 2 relates about the philosopher Cleanthes, cannot be taken as sufficient evidence. The v6fjLos irepi r^s dpyia^ still existed in Demosthenes' time. See Dem. 57, 32. According to Plut., >S'oZ., 22, Solon ordained that the Areopagus should try these cases. At the time of the orators they came before a heliastic court. Meier 2 364. For the Areopagus' supervision of morals and education cf. Philippi 162 sqq. 2 Philippi, p. 158 sqq. On p. 160 sq. he infers from jEschin. in Tim. 80 sqq. that the Areopagus was competent to deal with questions of build- ing regulations. I cannot consider this correct. According to § 81, the Areopagus, in the proceedings which ^schines is describing, was acting as a committee, and I cannot see why the Ecclesia should not have given such a commission to the Areopagus, whether the supervision of buildings was a regular function of the Areopagus or not. Nor do I look upon the jurisdiction of the Areopagus in the ypappios Tpiw^oXov. For Heracleides cf. Plat., Ion., 541d, to which Immisch, in Bert, phil. Wochenschr., 1891, pp. 707/8, has called attention. Cf. Kohler's re- marks on him in Herm., 1892, p. 68 sqq. Of Aristotle's own age we read, 62, 2 : fiLcrdocpopovcrL 5e irpCJTOv {n,kv 6 S^/aos] raTs jxkv dXXais iKKXrjaiaLS 8pax/J-'riu, ry 5^ Kvpig. ivvea (J)^oXo^{y. 2 That not all present at the Ecclesia received pay is shewn by Arist., EccL, 185 sqq. That those who came too late did not get it may be con- cluded from lines 289 sqq. Line 380 seems to suggest a certain sum set aside for each Ecclesia. Cf. Wuerz, de mercede JEccl. Atheniens., Berlin, 1878, 34 sqq. See also vol. 2, 310, 2. ' This assumption is, in view of Aristoph., EccL, 289 sqq., 297 sqq., the most probable, and is confirmed by the inscription cited on p. 289. ^ Cf . Benndorf in Ztsch. f. d. dstr. Gymn., 1875, p. 597 sqq., who, however, is opposed by Wuerz, p. 34, and rightly as regards payment in kind. It is true that so far it has not been possible to prove such a o-v/jl^oXov. Against Benndorf, who deals with this, pp. 601/2, see Frankel in Sallets numismat. Ztschr., 3, 384 ; Wuerz 36, 3. * ol M&rai: Arist., AcJi., 54 sqq.; EccL, 143. 258/9. Plat., ProL, 319c, v Trpoe8p€vov(ra (Foucart in the annaire de Vassociation pour V encouragement des etudes grecques, 1876, p. 137 sqq., wishes to read -irpoa-eSpevova-a on the strength of the inscription quoted below) vX'i^, rb diKurop fxipos ttjs irbXeus, i.e. accord- 290 Gilbert I. 273-4.] The Ecclesia. [Gilbekt II. 324-5. Ecclesia began, it appears, early in the morning.^ A (nz/Acioi/, probably a flag, was hoisted in the immediate neighbourhood just before beginning.^ The meeting, at which the people sat without any distinction of tribes, began with a sacrifice of purification. Preceded by the '7r€pLaTLap)(OL, the purificatory-victims called TreptVrta — Order of slain sucking pigs— were carried round the assembled ^^siness. people.^ Next probably the herald pronounced the curse against ing to Schafer, Dem.^ 2^ 291, of the Council : ^schin. in Ctes. 4. Cf. (Dem.) 25, 90. -^schin. in Tim. 33 : Kad' iKda-rrju iKKXrjalav diroKXrjpovv opovvres.'' The closing words are not certain.^ [See Miiller, fr. hist, gr., 1, 422, fr. 32. Cf. Harp.=.Phot.=Suid., KaOdpaLov. Poll. 8, 104. Lex. Seguer. 269, 16. Said., irepLariapxos, Art. b=ScJiol. to Arist., EccL, 128: irepia-Tiapxos' 6 rCov Kadapcrlwv irpo-qyoiixevos iv rats iKKXrjaiats. ireplcTia ydp rd Kaddpaia. Cf. Arist., J.c A., 43/4 : irdpLr' els rb irpbcrdeu^JldpLd' ws hv iprbs ijre ToO KaOdpfjLaTos. Ecd., 128. iEschin. in Tim. 23, with the Scliol. It does not seem to me very probable that the benches were sprinkled with the blood of the sucking pig {Scliol. to Arist., Ach., 44). To these opening ceremonies I formerly referred the words in some inscriptions which direct that certain persons are to be introduced into the Ecclesia, ev lepoZs or vpCoToi ixerd rd lepd. C.I. A., II. 325. 373b. 605 ; I. 36 ; 11. 52c. 164. Bat I am now doubtful whether these expressions are not to be regarded, as Hartel 173 sqq. thinks, as referring to the order of business, ixerd rd lepd meaning " after religious questions have been discussed." Schubert, de proxenia Attica, 36 sqq., Leipzig, 1881, also understands by lepd actiones de rebun sacris. In two Samian decrees we find fierd rd lepd Kal ^aaCkiKa (C. Curtius in Progr. von Lilheck, 1877, pp. 29, 33). Similarly, in a decree from Ephesus in Wood, Discoveries at Ephesus, Inscr. from the temple of Diana, No. 11, p. 20, and in one from Bargylia in Lebas, Asie Min., 87. Even if we follow Sauppe in Curtius, p. 30, and understand by rd /SaatXi/cd messages or edicts of kings, we can still think of rd lepd as the religious opening ceremonies of the Ecclesia. But C.I.G. 3640 presents difficulty : ytierd rby x/''7Ata'Ticr/A6»' (t)6/4 irepl tQ}v 'ipwv. That the people sat at an Ecclesia is proved for the fifth century by Arist., Ach., 24/5, for the fourth by Arist., Eccl., 103/4. Dem. 18, 169. Cf. W. Vischer, Kl. Schr., 1, 402 sqq. Frankel in Sallets numismat. Ztschr., 3, 385 sqq., refutes the opinion advanced by Benndorf in Zeitschr.f. d. 6str. Gymn., 1875, p. 18 sqq., that the people sat together by tribes in the Assembly. 291 Gilbert I. 274-5.] Athens. [Gilbert II. 325-6. those who by their speeches tried to deceive the people and who had received bribes to do so.^ After this probably followed a com- munication from the Prytanes that the sacrifice made to certain deities with reference to the meeting had proved favourable, and that therefore these deities would not interrupt the intended meeting. This custom however can only be proved to have existed in later times.^ If, notwithstanding, an inauspicious omen did occur during the sitting, then the meeting was dissolved. Such interruptions, or Stocny/xtat, were lightning, thunder, rain, a storm, an eclipse, an earthquake.^ As to when such a Stoa-rjixLa was to be considered as having occurred, this seems to have depended on the decision of the Exegetai.-* After the presidency of the Ecclesia was transferred from the TrpvrdveL^ to the npocSpoij the lirta-TaT-q^ of the Trpvravcis, before the meeting could proceed to business, had first to choose the TrpocS/oot by lot, and from among them again an cTrto-raTry? had to be drawn. He presided, using a herald to address the meeting.^ When these formalities had been gone through, actual business ^ Dem. 19, 70. TEschin. in Tim. 23. Dein. in Arist. 14. For the nature of the curse see Dem. 23, 97 ; 18, 282. Dein. in Demosth. 47, in Arist. 16. A free parody of this apa in Arist., Thesm., 295 sqq., 331 sqq. See Schomann, de comit., 92 sqq. 2 The fjLLKpo(pt\6Ti/ji.os in Theophr., Char., 21, wishes to appear wreathed before the Ecclesia and make the announcement : & dvdpes 'AdTjvaioi., ^^ofiev ol TTpvTdveis TTj ix-QTpl tQiv deCbv Kal v/j-eh 5^xe(r^e rd dyadd' rd yap crcpdyia Kal rd iepd KoKd. Cf. the formula found in later inscriptions, e.g. C.I.A., II. 417, 4.59 : virep &v dirayyiWovcri ol irpvrdveLS t^s — l5os iiirkp tCjv dvcriwp (bv '4dvov rd re irpb rCiv iKKXrjo-iQv Tip ' AtrdWuvi rip UpoaTaTrjplip Kai ry 'Apr^/xidi rrj BovXaig. Kal rots dWoLS deois oh irdrpiov ^jv, dyadrj tvxv 5e56x^at rip b-qiup rd p.kv dyadd Mx^'^do-'- rd yeyovora ev to?s lepoh oh ^dvov icf! vyieiq. Kai acjTrjpiq, r-^s ^ovXijs Kai rod drjfMOv Kal rCjv GVfjLpLaxCov. See Kohler in Herm., 5, 333. Schoell. 6, 56. Perhaps CIA., II. 416, is to be explained as referring to this consultation of the gods by sacrifice preliminary to the Ecclesia : apxatpeaiaL Kard rr}v pi.aPT{€lav). For earlier times this custom is not proved as yet. In a psephism of b.c. 362/1 we find the declaration that the herald had vowed sacrifices to certain gods in case the resolution turned out well for the Athenians. II. 57b, p. 57. 3 Arist., Ach., 170/1 ; Clouds, 579 sqq. ; Thuc. 5. 45. Suid. dioa-qpUa. * Poll. 8, 124 : dviararo 8^ rd btKaar-qpia, el ylvoiro diocrrjfiia- i^7}yr}Tal 5' iKoXovuro oi rd irepl rCov 8ioaT]fiiu)v Kai rd ruv dXXw;' lepwv 5t5d7A*ctTt ^^d 'Adrju. 8, 405 sqq.= Jwc?. schol. Goett., 1880/1, p. 3. ^ C.I.A., II. 439 : povKr] iju. ^ovKevTiqplip avfKXyjTOS aTpaT(r]yQu) tt apayy eCKdvrwv KoX dirb ^ovXijs iKKXrjcrLa (KVpla) ev t(^ dedTptp — yvivp-r) cfTparrjyQv : Bull. 12, 142, no. 8. yvib/j.r) tQu ayvypatpewv : C.I. A., I. 58. Tdbe ol ^vyypa(pT]s ^vveypaxj/av : C.I.A., IV. 22a. 27b. yvJj^iT} KX€i(T6(pov Kal (xvvirpvrdveojv : 'Apx- deXrioVj 1889, 296 Gilbert I. 279-80.] The Eccksia. [Gilbert II. 331-2. If a motion were not of a purely political character, and technical questions had to be considered, the Ecclesia heard the opinion of experts, and, if the motion fell within the province of any board of magistrates, the latter were also called upon to give their opinion.^ If no one had any further wish to discuss the motion before the Ecclesia, the voting took place. The president might refuse to put the question, if he considered the motion under discussion illegal.^ The presidents could, however, be made answerable for refusing to proceed with the voting, by an li/Sci^t?.^ The voting regularly, took place by x^iporovicx^ le., by show of hands. The president through the herald first asked those who were in favour of the motion to hold up their hands, and then those who were against it. A count probably only took place when the voting was close.* A second but more unusual form of voting was by ballot ; this was employed in the full assemblies, i.e. at the Ostra- kismos, in granting citizenship and a8eta, and occasionally in other extraordinary cases.^ In this case two urns were placed, either for each tribe or for the whole Ecclesia, the one for the ayes, the other for the noes.^ After the voting had taken place, the president announced the result and dismissed the meeting by means of the herald, if there was no other business.''' The psephism of the Ecclesia was deposited in the State archives in the Metroon ; and besides this, in case further pub- licity seemed desirable, it was inscribed on a stele, construction placed usually on the Acropolis. In this case the ofi^ecrees. psephism contained a special order that this should be done, as also that the cost of the erection of the stele should be charged to p. 25. Proposal of a single Strategos : C.I.A., IV. 61a. 1. 26 sqq. Bull. 13. 154. Dittenberger, SylL, 79. C.I. A., II. 439. 481. Cf. Kohler in Herm., 2, 326. Swoboda, die griech. VoUcHbesclilusse, 34. 1 Plato, Protagor., 319 b. ^schin. in Tim. 81. See Hartel 242/3. 2 See for the Prytanes : Plat., Gorg., 473 e. Apol.^ 32 b. Xen., Mem., 1, 1, 18 ; 4, 4, 2 : for the Proedroi, ^Eschin., F.L., 84. 3 This seems to follow from Plat., Apol., 32 b. Cf. the law in Dem. 24, 22. "* A meeting dismissed without a division taking place : tots ycip 6\pk V Koi TOLS X"pas o{)K hv Kadewpwv: Xen., Bell., 1, 7, 7.. The method of voting is given in Phot. = Suid., Karexei-poTbvrjcrav. Compare Dem. 24, 20. 5 Pint., Arist., 7. (Dem.) 59, 89. 90. Dem. 24, 45/6. ^ (Dem.) 59, 90, speaks in general terms of KadiaKot. Two urns for each tribe according to Xen., Hell., 1, 7, 9. ^ ^schin. in Ctes. 3. The herald says in Arist., Ach., 173 : ol yap irpvrd- vets \6ova(. ttju eKKXrialav. 297 Gilbert I. 281.] Athens. [Gilbkrt 11. 333-4. the State treasury.^ The psephisms thus engraved and set up contain two parts, the preface and the decree proper. The form of the first underwent various changes in the course of time. The fullest formulse of the time before Eucleides contain the names of the Archon and the Secretary to the Council, the formula of sanction (ISo^cv tt7 /SovXrj koI r<2 S^/^w), the names of the (f)vXr} TrpvTavevovora^ the president of the Ecclesia, and the mover ; we do not, however, find all these particulars in all inscriptions. After Eucleides this old formula was gradually remodelled and brought more into accord with the style of the age, and new matter was added in order to state with greater precision the date of the decree and the class of decrees to which it belonged. These addi- tions were introduced gradually, and consisted of the day of the Prytany and of the month on which the Ecclesia had taken place, the character of the meeting and the place of meeting, and some- times, at a later period, the subject of the resolution.^ The sanction-formula appears in the inscriptions after Eucleides in the two forms eSo^ev rrj jSovXrj koI tw Bijfjuo and eSo^ev TU) Sr^/xo). The first form is usually connected with the above-mentioned formula of the TrpoftovXev/jia, which made definite proposals, but also appears without it ; in the second form this formula is sometimes found, but is more frequently absent. The resolutions which we find recorded by inscriptions are accordingly to be distinguished in this way : — not only the resolutions with the sanction-formula eSoiiv TTj ftovXrj kol toJ Si]fjno without the probouleuma-formula, but also those documents supplied with the sanction-formulae eSo^ev rrj ^ovXfj /cat toJ Brjfuo and eSoiev tw Sry/xw, both in connexion with the probouleuma-formula, are all alike based on probouleumata 1 For the management of the archives see Boeckh, Kl. Schr., 4, 293 sq. C. Curtius, d. Metroon^ p. 15 sqq, Hartel, Stud. uh. att. Staatsr. u. Urkun- denw., 52 sqq. Wachsmuth, 2, 1, 327 sqq. According to Wilamowitz- Moellendorf in Phil. Unters., vol. i. p. 205, the Metroon was not used for the archives before the second half of the fourth century, but this view is rightly rejected by Wachsmuth 2, 1, 326, 1. 343/4. Phot., ix-qTp^ov rb Upbv rrjs fxriTpbs tCov deOiv, iv ^ ypdfMfMara brjixbaia Kai oi vbfioi. Dem. 19, 129 ; d\X' virkp fjihv TTJs i^oifiocriai ev tols koivols toIs vfxeT^pon ypdfifiaaiv iv ry fMrjrpc^i^ ravr ecrTLv, irp^ ols b brj/xbcrios T^TUKTai., Kai xl/rjcptafxa dvTLKpvs wepl tovtov tov oubfiaros y^ypaiTTai. Contents of the archives : Wachsmuth 334 seq. Not all decrees engraved and erected : Hartel., 149 sqq. Meaning of this erection of the decrees on the Acropolis : Hartel 156/7. For the assignment of money to pay for the stele, and on the scale of charges see Hartel 129 sqq. 2 An exhaustive account of the matter of which these preface-formulae consisted is given by Hartel p. 4 sqq. 298 Gilbert -I. 282-3.] G raphe Paranomon, [Gilbert II. 334-5. with definite proposals; on the other hand, the decrees charac- terized simply by ISo^ev tw StJ/xo) are framed after a merely formal opinion of the Council. ^ The sovereignty of the Athenian people, which finds expression in the psephisms of the Ecclesia, was limited by law. This is plainly shown by the use made of the ypac^^ Trapai/o/xwv, ■Ypa(f>'^ which was considered a safeguard of the democratic -n-apavdiiwy. constitution, because by means of it unconstitutional resolutions could be impugned.^ This ypciy] irapavojxiov^ which any Athenian was at liberty to bring, was permissible against every resolution of the people and against every law not passed with the proper legal forms. Notice that such an indictment would be laid against a psephism was given by oath either before or after the vote was taken in the Ecclesia, and this oath called by the same name as the application for adjournment in an ordinary lawsuit, {iTToo/Aoo-ia, resulted in the suspension of the psephism until the matter had been decided in a heliastic court.^ At the trial the plaintiff had to prove that the resolution in question was in con- travention of some existing law.^ To prove this, he wrote out the 1 In Plat., PhcEdr., 258, we find: ^So^^ irov (p-qci rrj ^ov\y ^ rg; S-^ficp rf dfKpoT^pois. The differences in the ' sanction- formula of the Attic decrees were first pointed out by Hartel 59 sq. I have followed him in the text, with the alterations suggested by Miller, 14 sqq. 2 See Dem. 24, 154. Thuc. 8, 67. Arist. 29, 4. Holm, griech. Gesch., 2, 234, points out, with good reason, that the responsibility of the mover was a check upon frivolous motions. 2 Poll. 8, 56 : vTTW^oaia di iariu, Srav rts ij ^ri(f>i.(Xfia i) vbjxov ypacpivTO. ypd\pr)Tai ws dvewiTrideiov' tovto yap VTrofxocracrdai X&yova-i. Kai ovk 9jp fierd rrjv vTrojfjLoaiav rb ypatpev, irplv KpidrjvaL, Kvpcov. Poll. 8, 44. For the request for delay in ordinary suits see Harp., virwfioaia. For this action see Scho- mann, de comit., 159 sqq., 272 sqq. Meier ^ 428 sqq. According to Hartel, Stud. ilb. att. Staatsr, u. Urkundenw., 251 sqq., notice of the ypacprj Trapavop-wv had to be made between the first and second readings which he supposes. But such a conclusion does not follow from the authorities quoted by Hartel. The words in (Dem.) 26, 8, rather indicate a definite decision of the Ecclesia, after which the ypacpr] irapavbfxuiv was entered. I believe it unnecessary to assume with Madvig, Kl. Schr., 379, that in cases of admini- strative resolutions of the people, which were to be carried out as soon as possible, the suspensory power of the ypa(pri irapavoixuv was limited by law, since we may be sure that in practice no one would dare to enter a ypar} Trapavo/jioiv was a ypa(f)rj TifxyjTos, a new trial ensued to fix the penalty. This was either a fine, or (but most probably only in extraordinary cases) a sentence of death.^ The proposer of a resolution was responsible for it only for a year. After the ex- piration of that time, only the psephism or law could be attacked, not its proposer .2 Whoever had been condemned three times on a ypa(J)r] irapavopuov incurred a partial atimia ; he lost the right of proposing motions in the Ecclesia.^ As already mentioned, the psephisms had to keep within the existing laws ; hence, as a natural consequence, the Ecclesia had its share in the proceedings preliminary to legislation, but not in legislation itself. The method of legislation in the 4th century itself no reason for its being proceeded against by a ypacpr) irapavofxufv. The fact that in such speeches as we possess delivered in these cases, the in- juriousness of the motion under discussion is not infrequently dwelt upon, is perfectly explicable if we consider that this would influence the judg- ment of the court. If in the Leptines the injuriousness of the law is insisted upon almost exclusively, we can explain the fact by the considera- tion that Phormio had already dealt with its illegality. See Lipsius in Bursian's Jahresber.^ 1878, pp. 313/4. Poll. 8, 44 is explained by the stress laid by the orators on the inexpediency of the law in question in each case. 1 For the form of procedure see J^schin. in Ctes. 197 sqq. The Thes- mothetai as elaayuyeis : Poll. 8, 87. Hypereid., Euxenipp., xxi. 27. Dem. 20, 98/9, as the causa Leptinea is a ypacprj irapavbtiwv. Schomann, op. ac, 1, 237 sqq. Sentence of death : Dem. 24, 208. Fines : 10 talents, Dem. 21, 182. (Dem.) 58, 43. 15 talents, (Dem.) 59, 6. 100 talents: ^schin., F.L., 14. Valeton in Mnemosyne, 1887, p. 44 sqq., is certainly right- in emending e^a/cio-xtXt'ots into ivl /cat x'^'ois in Andoc, de MysL, 17, where it is said of the ypaovs 6 S7rei5ort7r7ros. The fier^Xa^e diKaarQv toctoijtojv ov8^ SiuKoaLas \}/-f\((>ovs corresponds to the formula to ir^ixirTov fi^pos tCjv xprjcpuv ov fieraXau-^dvei : -Slschin., F. L., 14, or more briefly t6 /xipos rCov xJ/Tfcpuv 6 dtdiKuv ovk ^Xa^ev : Dem. 18, 103. 2 Dem. 20, 144 : i^rfXdov ol xpoj'oi koI vvvl irepl avrou tov v6/j-ov iras iarcv 6 X670S, TovTii} S' ovdeis iart Kivdvvos. In the argument to Dem. 20, p. 453, it says : vS/xos yap ^v tov ypdxpavTa vofxov ^ \pri(f)La-fxa fxeTO, ivtavTOV fii] elvai virevdv- vov. ^ Diod. 18, 18 : ^jv yhp Tpls tjXujkCjs irapavbfiwv Kai Sid tovto yeyovojs &Tifios Kai KuXybfievos virb tQv vop-uv a-v/x^ovXe^eiv. Athen, 10, 451 A. 300 Gilbert I. 285-6.] Legislation. [Gilbeut II. 336-7. was as follows.^ On the eleventh of Hecatombaion in each year, at the meeting of the Ecclesia regularly held on 1 J T^ • r . . ,. , 1 ,1 Legislation, that day, an Jiipicheirotonia of the laws took place, I.e., after a debate, a vote on the several classes of laws was taken as to whether they were satisfactory as they stood, or whether this or that class of laws appeared to need improvement. If the Ecclesia pronounced in favour of the latter alternative, any private citizen was at liberty to put up a notice of amendments to the laws under revision, in front of the statues of the Eponymoi, that all might see. A copy of his amendments had to be given to the secretary to the Council, and he had to read them out in the next Ecclesia. At the fourth ordinary assembly in the Prytany a resolution was passed as to the choice of Nomothetai (who were selected from the heliasts), the number of Nomothetai to be nomin- ated, the amount of their fees, and the duration of their powers. At the same time the meeting chose 5 o-w-^yopoL to defend the laws under revision before the Nomothetai.^ ^ The forms of Nomothesia have been repeatedly discussed: e.g.^ by Schomann, de Comit, 248 sqq., op. ac, 1, 247 sqq., in criticism of the confused account of Bake in Schol. hypomnem., 4, 1 sqq., who took up the question again, ib., 5. 286 sqq. Westermann, Abh. d. Scichs. Ges. d. IF., 2. Schafer, Demosth.^ 1^, 387. Kohler, Urk. u. Unters. z. Gesch. d. del.-ott. Bundes, 65 sqq. Frankel 24 sqq. HofB.er, de Nomothesia att. Kieler Diss., 1877. Neubauer, m6. cZ. Anwend. der ypa7j irapavofxwv was admissible, in case the new law seemed to be prejudicial to the interests of the Athenian people or to contravene other legal enactments. This ypatpy TrapavofitDv was likewise admissible if an attempt was made to pass a law without observing the method of legislation just described .^ I Distinct from this procedure for the enactment of laws was the revision of existing laws which devolved upon the Thesmothetai. They had annually to examine the existing laws, to ascertain 1 Compare Schoell 111 sqq. That the Prytanes of the Council appointed the Nomothetai is proved by the psephism in Dem. 24, 27, the genuineness of which is discussed by Schoell 119 sqq. The expression too in ^schin. in Ctes. 40 : tlSp 5^ irpvrdveujv dirodourojv tols po/xod^rais durjpriT'' hv 6 erepos tujv vofiuu, which has reference to the revision of the laws by the Thesmothetai, seems to confirm this. For the participation of the Council compare the psephism just quoted, and (Xen.) de rep. Aih., 3, 2 ; and for the extraor- dinary revision of the laws in b.c. 403, the psephism of Tisamenos in Andoc, de Myst,, 84. For the proceedings before the Nomothetai see the law in Dem. 24, 33, with which cf . Dem. 20, 89. 93 ; 24, 34. 01 irpdedpoL Kal 6 €7rir] Trapavo/xojv in Dem. 24, 33, with which should be compared the remarks of the orator, §§ 61. 68. 108. Poll. 8, 87. TpacpT) irapaudfiuv in case of illegality in the method of legislation : Dem. 24, 18. 108. 302 Gilbert I. 287-9.] Legislation : Probolai. [Gilbert II. 338-9. whether there were laws contradicting one another or which had become obsolete, or whether there were several laws deciding the same point in different ways. If the Thesmothetai in the course of their revision found such anomalies, they posted up these laws on a board before the statues of the Eponymoi, and had a meeting of the Ecclesia summoned by the Prytanes to decide on the appoint- ment of Nomothetai. The subsequent procedure was doubtless the same as that above described.^ The judicial functions of the Ecclesia were limited to two cases, the TTpofBoXrj and the da-ayy^Xia. The TTpo/SoXrj was a criminal information brought before the Ecclesia.^ This irpoftokr} was, according to our authorities, admissible at the P P ^' Kvpta iKKXrja-La of each Prytany against Sycophantai, and those who had not kept their promises to the people, and also, probably, at all meetings, against those who were not well-disposed to the people or who had caused disturbance at the festivals in any way.^ ^ For the course followed in revising the laws cf. ^schin. in Ctes. 38-40. A concise account is contained in the words : k&v ti tolovtov evpia-Kcocnv, dvayeypacpSras ev (ravCcnv eKTidhat KeXetjei. wpbadev rwv iiroju^fioju, tous d^ Trpvrdpeis TTOieTu eKKKrjalav einypaypaPTas poiJ,o6^Tas, rbv d' iTLardrriv tCov TrpoeSpcov dia- X€ipoTOpiav SidovaL rep 8'qixip Kai rods p-h dvaipeiv tujv vo/xcap, Tovi 8^ KaraKe'nreLv , OTTWs B,v els y u6p.os Kai p.T] irXeLovs irepl eKacrrrys irpd^ews. It seems to me, there- fore, immaterial whether we strike out Tip drjimip after did^vat, as Schoell proposes, and supply in thought after vop^oderas : " after the Ecclesia has resolved upon the appointment of Nomothetai and that body has been constituted," or whether top 5' iiricTdTT^v toov irpoedpiav biax^i-poToviav dLdopai T(p drip.(p is understood as relating to the decision of the assembly about the appointment of the Nomothetai, and the proceedings before the latter are meant by the words /cat rods p^v dvaipetv tQu vop^wv^ rods d^ KaTakel-rreiv. That the proceedings were the same as for legislation is evident from § 40. 2 Harp. 7r/)o/3oXas=Suid. s.v. : ij irpo^oXr] rovvop^a yeyovev dird toO irpo^dWeadal Tiva ddiKelv. In Lex. Seguer. 288, 18 it is thus defined : t6 irapdyeiv eis tt]v eKKkqcrlav rbv j3ov\6p.€vov /cat diroipaLveLv Cos rjdiKTjcrev, eif rts Sj/coit; dSiKeXv. ^ Poll. 8, 46 : Trpo^oXr] 5^ 'rjv kXtjctls et's 8lk7]v Kara tQiv KaKdvws wpbs rbv dijpLOP diaKeipAvcov. Trpo^oXai 5' eyivovro rod dripLov \pr}s TToXe/xLovs dvev toO TrefKpdijvai direXdbvTWv. I regard as an appendix to the law of Eisangelia the psephism in C.I.A., II. 65, which again was passed in view of an actual case. The Council is to bring in a Probouleuma as to how those, in view of whose offence the psephism is passed, are to be punished. As this decree could have no retrospective effect, their trial had to be conducted under another section of the ei(ra77eXTi/c6s vbpLO%. ^ Harp. e^(ra77eXia=Suid. elaayyeXia, Art. 3. G.A. 305 X Gilbert I. 291 2.] Athens. [Gilbert II. 342-3. elude the right of introducing them at other meetings as well.^ When an Eisangelia was submitted to the Ecclesia, the people, after hearing the plaintiff and defendant, decided first whether it was to be taken into consideration. If their decision was in the affirmative, the Eisangelia was referred to the Council, which was at the same time directed to submit to the Ecclesia a Probouleuma on the matter. Things took a similar course if the Eisangelia was brought before the Council ; for that body could not decide such a matter itself, unless the penalty did not exceed the maximum fine within the competence of the Council, 500 drachmas. If it exceeded this sum, then the Eisangelia — provided that the Council did not at once refer it to a heliastic court — was taken to the Ecclesia, which decided whether it was to be accepted for trial or rejected at once, and in the former case the Council was then requested to draw up a Probouleuma on the subject.^ This Pro- bouleuma of the Council proposed either that the Eisangelia should be decided in the Ecclesia, or that it should be referred to a heliastic court.^ If it were resolved that the Ecclesia should judge the Eisangelia, a special meeting was called, in which, after the accuser and accused had both been heard, the verdict was given by ballot.* But even in case of the Eisangelia being referred to a heliastic court, the Council or the Ecclesia, in the fifth century, determined beforehand by what penalty the defend- ant, if condemned, was to be punished ; in the fourth century the * Arist. 43, 4. Poll. 8, 95. Harp. Kvpla iKKXtja-ia. 2 That the Council was empowered to refer the decision of an Eisangelia which had been submitted to it to a heliastic court, is seen from (Dem.) 47, 43. See also the Probouleuma of the Council in Pseudoplut., vit. Antiph., 23 sqq. Cf. Heydemann, de senatu Atheniensium, Diss, philol. Argentorat. sel. 4, 167 sqq. For the proceedings in the Council see p. 281. Introduc- tion of the Eisangelia before the Ecclesia, by the Council is attested by Suid. elaayyeXia, Art. 2=Lex. Seguer. 244,18: elaayyeXca de Kvpiws i) irepl Kaivdv Kol drj/xoaiuv ddiKTjfidTuv eiffayofxivt} Sikt] virb tQv Trpvrdveuy. That in this first Ecclesia it was not permissible to determine, without a Probouleuma on the subject, how the Eisangelia was to be actually decided, follows from the Hijpothesis to (Dem.) 25, p. 767, see Schomann 207. 109. The first part of C.I.A., II. 65 is a psephism ordering the Council to introduce a Pro- bouleuma, with regard to the form of conducting an Eisangelia case. =* Frankel, ibid., 78/9. Evidently Arist., Wasps, 590/1, refers to the Eisangelia : ^l S' ij /SouX-Jj xcb Stj^os, 6Tav Kpivat ijAya irpdy/x dtrop-qcrri, — i\(/r](pi.aTaL Toi/s dSiKowras To'iai St/cacrrais irapadovvau Examples of decisions by the Ecclesia in Dem. 19, 31 ; 24, 134. (Dem.) 49, 9. Lye, Leocr., 117. 4 Xen., Hell, 1, 7, 9. 306 Gilbert I. 292-3.] Eisangelia, [Gilbert II. 343-4. provisions of the cto-ayycAriKos vo^io^ were followed.^ The heliastic court, which tried the Eisangelia, under the presidency of the Thesmothetai, consisted of 1,000 dicasts — after the government of Demetrios of Phaleron 1,500.^ The accuser was in early times liable to no punishment, if the defendant were acquitted ; but later on, to prevent abuse of the Eisangelia, he was punished by the usual fine of 1,000 drachmas, if he failed to obtain the fifth part of the votes.^ Ordinarily the resolutions of those Athenians who happened to be assembled in the Ecclesia were considered to express the will of the entire people. But there were cases where a Full quorum of at least 6,000 Athenians was necessary. Assemblies. These full meetings of at least 6,000 Athenians were held in the market, and the place was divided, according to the number of the tribes, into 10 compartments, in each of which — as the voting had to be secret — there were two urns far the reception of the voting pebbles. Such a full meeting of the people was necessary for pass- ing certain xJ/r](f>L(rfiaTa hr dvSpi, i.e.^ for the granting of privileges as to which no resolution could legally be passed if there were not 6,000 voters present. Such ifz-qcfiia-fxaTa iir avSpl in Athenian consti- tutional law included grants of aSeia, grants of citizenship, and the ostrakismos.* 1 Paeudoplut., vit. Antipk., 26 : 6tov 5' Slv KaTa\l/r}l(ypLaTa eir dvdpl: the latter (with the exception of those mentioned in the text) were admissible, if they did not contravene the laws ; v6fjt,0L ctt' dvdpl were altogether forbidden. The addition given in Andoc, de MysL, 87, limiting this prohibition — edv fx,ri e^aKLffX'-^l'Ois do^rj Kpv^Srjv ^ri(f)L^oixivoLs— is not confirmed by Andoc, ih., 89. Dem. 23, 86. 218 ; 24, 18. 59. 188. (Dem.) 46, 12. 6,000 voters necessary for conferring ^tSeta : Dem. 24, 46, for granting citizenship (Dem.) 59, 89— at the ostrakismos : Plut., Arist., 7. Philoch.,/r., 79 6 in Muller,/r. hist, gr., I, Q-iLBERT I. 293 4.] Athens. [Gilbert II. 345. Any one who intended to move the restitution of his rights to a citizen that was atimos, or the cancelling of a State debtor's liability or permission for him to make part payments, needed, we know, a grant of aScia. A meeting of the assembly was regularly appointed in each Prytany for such busi- ness. Any one who wished to address the Ecclesia on such a matter deposited an olive branch on the altar in the Pnyx, or wherever else the Ecclesia was being held, and thus placed himself under divine protection, and in this way could state his case without fear of punishment. His motion in this Ecclesia would evidently be that he should receive permission to ask for a full assembly to vote on the question of aScta for a motion he would subsequently propose. If this request was acceded to, the Council had to draw 396. That 6,000 Athenians were regarded in Athenian constitutional law as identical with the whole body of Athenians, as Frankel, 14 sqq., tries to prove, appears to me now rather questionable, since this assumption has practically no support except in Dem. 24, 46. 48. See also Valeton, i6., 40 sqq. That the Agora was the meeting-place for the Ostrakismos we are expressly told, and that it was the place of assembly for the granting of the citizenship we may infer from (Dem.) 59, 90, and for the (iSeia by analogy. See Wachsmuth 2, 1, 818/14. For the method of voting compare (Dem.) 59, 90 ; Plut., Ariat.^ ibid. ; Philoch., ibid., with which Xen., Hell., 1, 7, 9, is to be compared. That 6,000 votes in all, not 6,000 affirmative votes, were necessary for ostracism, and similarly for the other xf/rjipia/aaTa iir dv5pl mentioned in the text, was first demonstrated by Lugebil., iib. d. Wesen u. hist. Bedetit. d. Ostr., 141 sqq. Valeton, ibid., 32 sqq., tries to reestablish the opposite theory. He thinks that, assuming the correctness of LugebiPs views, tihe correct policy for the opponents of the motion would be to abstain from voting. But grants of S-baa and of citizenship were surely not matters of such importance that the citizens should reflect in the way that Valeton suggests, and for this reason absent themselves from the meeting, losing thereby in the fourth century their fee. In the case of ostracism, which was abrogated so early as 418, and which was originally directed against the Peisistratidai (Arist. 22, 3 sqq.), the law of Solon, that every one in the State must take one side or other in a stasis, was applicable. Sae Arist. 8, 5. Thuc. 8, 72 is by no means to be limited to the time of the Four Hundred : /cairoi ov TrwTrore ''Kd-qvalovs Sia ras aTparelas Kal ttjp vwepbpiov acrxoKiav is ovdkv irpayixa oOrw ^.iya iXdelv ^ovXeijaovras, iv y Trej/Ta/cio-xtX^oi/s ^weXdeiv. Six thousand ayes would presuppose an attendance incompatible with the statement of Thucydides. See also Goldstaub, de dSetas notione ct usu in iure publ. att., Breslau, 1890, 111 sqq. [Cf . Szanto, Bilrgerrecht, p. 403, 1.-, Lipsius, Ber. der sdchs. Gesellsch. d. Wissensch. 1887, p. 4ff. ; Alb. Miiller, BuhnenalterL, 177 f. and 330 ff.; Ohmichen in Mtiller's Handb., 3, 196 ff. ; Buck in American Journ. of Arch., V. 1, pp. 18 ff. *, E-eisch, Griech. Weih- ge-schenke, Wien, 1890, p. 63 ff. ; Bodensterner, Comment. Pkilol. Monach, 1891, p. 38 ff.] 308 Gilbert I. 294-5.] Adeia ; Ostracism, [Gilbert II. 345-6. up a Probouleuma in accordance with the Assembly's resolution, and to introduce it at the full assembly which was called by the Prytanes. If this Assembly definitely granted the aSeia for the motion, the if/rjcfua-fxa lir dvSpl was complete. The acceptance or rejection of the motion, for the introduction of which the aScia had been necessary was then voted in an ordinary Ecclesia.^ The second kind of {j/^cjiLa-ixa ctt dvSpl, the granting of the citizen- ship, has already been discussed. ^ The third and politically the most important i/r7J<^to-/>ia ctt* avSpl was ostracism. It proceeded as follows : — ^ In the Kvpta kKKX-qa-ia of the sixth, or in leap year the seventh, Prytany, a vote , , was taken whether ostracism should be adopted during the current year. If the decision was in the affirmative, the Ostracophoria proper took place in a full assembly in the Agora.* In a part specially marked off for the purpose, the vote was taken by tribes, the men of each several tribe placing an earthenware tablet, on which they had written the name of the man they wished ostracised, in the urn of their division. The nine Archons and the Council superintended the voting. "When it was finished, the first count was to see whether 6,000 votes had been cast. If this had not been done, then the vote was null and void. If, however, 6,000 votes had been given, the man who had received most was proclaimed by the herald to be ostracised. He had then to leave the country within 10 days and remain in exile for 10 years, un- less it were specially resolved to recall him earlier ; but he retained possession of his property. No ostracised citizen was permitted * Arist. 43, 6 : er^pav 8k rats iKerriplais, h rj dels 6 ^ovXdfievos iKeTTjplav [vwkp] ij3v 3,1' ^oOXrjrai Kai Idiuv Kal drjfioaiojv StaX^^erat Trpbs rbv drjfxov. Poll. 8, 96 : ■^ bk ^evripa iKK\r]cria aveiTai. roty ^ovKofxhoLS, iKerripiav defxivois, X^yeiv dSecDs irepL re tQiv Idioiv Kai tQv drjfioalcov. The &Seia was, we know, necessary in the two cases mentioned in the text : Dem. 24, 46. 47. Goldstaub, ib., 10 sqq., makes it seem probable that it was also necessary for one who wished to move the recall of an ostracised citizen before the expiration of the legal term, or the recall of an exile, or a reprieve for a man condemned to death. 2 Page 184 sqq. ^ For the nature and historical importance of ostracism, see pp. 151/2 sqq. ^ Arist. 43, 5 : iwl dk ttjs '^KT-qs irpyraveias {i.e., iv rrj Kvpiq.) trpbs rots elprjfievoii Kal irepl ttjs 6(XTpaKo4>opia% eirLX^ipOTovLav bibbacnv, el doKei iroielv ij /jltj. From this comes Lex. Cantabr. 672, 13 sqq. Philoch., /r., 796, says: trpox^i-poTovei fikv 6 hrjpLOS irpb rrjs 6y56ris irpvraveias, ei doKet rb barpaKov el(TpovLarTr]s of that Phyle. The Epheboi of each tribe dined together at the expense of the State and were under the supervision of their cr(j)(f>povLarTr]<;. The entire body of Epheboi were under the super- vision of a Koa-fjLTjTT^^, elected from the entire burgess-body. They received gymnastic training from instructors elected by the people ; other teachers elected in the same way instructed them in hoplite- combat, archery, spear-throwing, and the use of artillery-engines. At the end of the first year the Epheboi were publicly inspected in the theatre, and every one who passed this test satisfactorily was presented by the State with a spear and shield. These two weapons together with a Petasos and a Chlamys formed their complete equipment.^ 1 Cf . Lye, Leocr., 76 ; Dem. 19, 303. The form of oath is preserved in slightly different form in Stob., Flor., 43, 48 and Poll. 8, 105. Cf. Ditten- berger, de ephehis atL, p. 9; Dumont, essai sur VepMhie Attique, 1, 9ff; Hofmann, de iuris iurandi ap. Athenienses formulis^ p. 28 ff., Darmstadt 1886. A clause not contained in these versions is mentioned by Plut., Alcib., 15 ; Cic, de Hep., 3, 9. Yet Cobet, novce lecL, 223, is scarcely justified in doubt- ing the general authenticity of this oath. See also Grasberger, Erzieh. u. Unterr. im class. AUerth., 3, 29 ff. 2 Arist. 42, 2 : iirav 8^ doKi/JLaaddaiv ol ^(prj^oc, avWeyivres oi Traripes avrwv Karh v (pvXerCjv tQv virkp TerrapaKOVTa ^tt} yeyovdrcoy^ oOs hv TjyQjvTai ^ekrlaTOvs elvai koI iirinqbeLOTaTOVs iiri/xeXeLcrdat rCov icprj^ojv, iK Zk TovTwv 6 dij/nos €va rrjs ipvVqt eKdarrjs x^'-P^TOveX (xuxppovicrT'^v Kal K0(jfJi7}TT)v iK tQv &XXu}v ' ABTjvalwv iirl iravrai, (ruXXa^dvTe^ 5' oCrot toi)s icfy-q^ovs^ TTpLOTOP fxkv TO, IcpcL irepLrfkdov^ elr els Ilei/aat^a iropevovTaL Kal (ppovpovaLv ol jxh tt)v 'yi.owvx'-o-v 1 ol hk Tr)v 'Akt't)!'. xetpoT[oi'e?] 5^ Kal iraiSorpi^as avrois Sijo Kal StSac- KaXovs, [ol]tlv€s oTrXoyUax"'' '('^'- To^i^/eiv Kal aKovri^eiv Kal KaTairakTTjv a(l)Uvai. SiddaKOvaiv. diduai 5e Kal eis Tpo[s doKifxdaai. See Dittenberger, p. 12 ; Heinrichs, d. Kriegsdienst bei d. Ath., p. 14., Progr. d. konigstadt. Eealsch. in Berlin 1864. triraaos and x^^apL^)^ worn by Epheboi ; Philemon ap. Poll. 10, 164. See Grasberger, JEnrzieh. u. Unterr. im d. Alterth., 3,42ff. ^ Of. Aristot. quoted in previous note ; Poll. 8, 105 : irepliroKoL. ^povpovvXaKrjs ^EXevaTvos o(l) ttjs KeKpoTri(S)o{s ^'r}l3)oi Kal b (ToxppovKTTris avrCbv. 2 Arist. 42, 5 : Kal b'lKrjv oUre 5id6ar]^e}ja-avT€i. This occurs as early as C.I.A., II. 316. The Ephebia year began with Boedromion, Dittenberger, de ephehis att., 21 ff ; Dumont, 37 ff. That this Gilbert I. 298-9.] Athe?tS. [Gilbert 11. 351-2 , • The Koa-firjTT]^ was then at the head of the entire institution ; the (TwcfipoviarTai no longer existed. The Kocr^x-qryj'; was elected by the people annually ; at the end of his year of office he had to undergo €v6vva. He had the right of appointing the instructors of the Epheboi.^ Of these we find in inscriptions, just as we do in the 4th century, the TratSorp 1)8779, the oirXofxa^^oSj the aKovTLarTr]<;j the To^oTT^g, and the icaTaTrcXTa^crry?, or, briefly, deTr)/c6Twv. He is a magistrate : ^ip^ev r^v dpxr]v Kara roiis v{6fio)vs Kal ra xl/rjcptafiaTa : II. 467. eCdvva : 11. 469, 1. 60. 470, 41. 471, 88. dLddaKoKoi appointed by the Koaix-fiTtjs : C.I.A., II. 470, 21 : eyivovro d^ Kal KaT'f}Ko{oL To)v re Ko{a)ix'rjTov Kal tQiv KaraaradhTUiv v(f) eavrov didaaKaXuv TToioOfievoi rds /ieX^ras iv tois SirXoii. The KoaixTjrrjs is discussed by Ditten- berger, p. 29 ft". ; Dumont, p. 166 ff. 2 See Kohler on C.I. A., II. 478. For the various masters and the exer- cises they superintended see Dittenberger, 34 ff., 54 ff. ; Dumont, 177 ff. ; Grasberger, 3, 462 ff. 3 C.I. A., II. 471, 1. 52 certainly still gives as the reason for a decree of the people : iTcidr] did, iravrbs 6 drj/uos ttjv TrXdcrTrjp op- rai Kal 'laTarai ij arrihrj irpb rod ^ovkevT-qplov irapd Toiis eTrojv{ifJ.ovs. This passage is the source of Harp. (rrpaTela ev tois eTrojvij/jLois. Cf . Harp. iirdivvpLoi, Phot. Suid., Art. 1. On the Archons as iTrupvfiot. of the muster-rolls see L. Lange, Leipz. Stud., 1, 160 ff. Schwartz, ad Athenieiis. rem militarem studia Thucy- didea. Kiel inaug. diss. 1877, p. 5 ff., holds that the only list kept was the Xtj^LapxiKbp ypa/jL/uLaTelov, without any special muster-roll of Hoplites, but his view is refuted by Arist. quoted above. See Lange, Leipz. Stud., 1, 164 ff. O. Mueller, de demis att., 27ff. Goett., contends that the levies were not made according to the muster rolls. But in the passage he quotes in support of his view, Dem. 50, 6, the decree there preserved : Kal rods /SofXeu- tAs Kal Toi/s drjfidpxovs KaraXdyovs iroLelcrdai tQv Stj^lotCov Kal drrotpipeiv va&ras refers merely to the conscription for the fleet, as §§ 7 and 16 clearly show. And Thuc. 3, 87 supplies certain and clear testimony for the existence of muster-rolls of men liable to military service : reTpaKocrldiv yhp 6irXLTu>v Kal TerpaKi.vx'-Xlwv oiiK iXdacrovs diridavov €K tCjv rd^euiv Kal TpiaKoaliov iinr^ojv, rod S^ &\\ov BxXov dve^etjperos dpidfids. See Muller-Striibing, Aristophanes, 642. That Thetes were not Hoplites is seen from Harp, drjres and from the passage of Thuc. just quoted. If they were employed as such during the Peloponnesian war (see Usener in the Jahrh.f. cl. Phil., 1873, p. 162) that was an exceptional step. Their names were not put down in the lists even during that war. Cf. Thuc. 6, 43. Even Delbriick, die Perserkriege und die Burgunderikriege, 125 ff., 309 ff., has not convinced me of the con- trary. * iEsch., Fals. Leq., 167, shows that the irepiiroXoi were not employed on expeditions abroad; and it may be fairly inferred from Lye, Leocr., 39/40, that the same was the rule for those vir^p irevr-qKovTa ^tt) yeyovdras. Cf. also Plut., Phok., 24. Thuc. 1, 105 calls the two classes ol re Trpea^iraToi Kal ol yedrraroi. Those over sixty years of age are ol i)irkp rbv KardXoyov : Poll. 2, 11. (Dem.) 13, 5. Beloch, Bevblker. d. griech.-rdvi. Welt, 60 ff., gives a conspectus of the records that have been preserved of the numbers of the Athenian Hoplites ; with him compare Delbriick, 123 ff., 309 ff. * The first kind of levy is described by Thuc. as -jrava-Tparia or travbyip.ei : 2, 31 ; 4, 90. 94, the second kind he calls eK KaraXoyov. In view of passages such as Thuc. 6, 43 ; 8, 24 ; Aristot., Pol., 8 (5), 3, p. 198, 12 ff. Bekker, I 316 Gilbert I. 302-3.] HopUtes. [Gilbert II. 354-5. crT/3aT€tat Iv rots €7rwvu/iot?, took place when certain years were specified by decree and the entire number of men belonging to those years were called upon to serve.^ The others, trrparctat kv TOLs lU^xpt TpLCLKOvra 'irr] yeyopbras i^tivai. 2 The description given in the text of the a-Tpareia iv rots [xipeai sc. tCjv €TTwv6iJ.(j)v is discussed aod proved in my Beitr., etc., 51 ff. The locus clas- sicus for the kinds of aTparelat is jEsch., de Fals. Leg., 168, where jGsohines says of his own military service : irpwTrjv 5' e^eXduv (XTpaTeiav ttjv iv toU fiipeai KdXovfiivrjv, and again further on : Kal ras &X\a$ ras e'/c diaSoxv^ e^ddovs ras iy TOis iiruvifiois Kal tocs fiipeaiv i^rjXdov. According to this passage the ix StaSox^j ?^o5oi include ras iv roh eTruvvfjiois Kal to?s /xipea-iv i^ddovs, and the ix dcadoxvs means nothing more than " the successive campaigns one after another." iK diaSoxv^ may, it is true, under certain circumstances, e.g. in Dem. 4, 21, mean the relieving of one division of soldiers by another taking their place; but it certainly has not that meaning here. I cannot accept therefore the explanation of this passage given by Boeckh, kl. Schr. 4, 156, and Schwartz 20, or Etistow and Kochly, Gesch. d. griech. Kriegsw. 96, nor that of Schomann, griech. Alterth. 1, 449, nor yet Hamaker's omis- sion of Kal Tols fiipeai which is adopted by Lange, Leipz. Stud., 1, 160, 2. ^ Aristot., ibid. Lysias 14, 6, discussing the question who had to serve in the army, indicates this method of conscription, by the question ovx otrives &V TT]V i]\lKLaV Ta}JTT]V ^x^^'-'' 5 * Lys. 14, 6 in the context described in note ^ indicates this method of conscription by the question : ovx oOs hv ol arparTjyol KaraXi^wa-iv ; The selection of men from the muster-rolls of the appointed years is what is Gilbert I. 303-4.] Athens. [Gilbert II. 355-6. Appeals against conscription had to be brought before the Strategoi ; those who took the law into their own hands and did Lawsuits not appear in their place when the army set out were ^mta^^ prosecuted by ypa^ do-rparctas, brought by the Stra- matters. tegoi or their representatives the Taxiarchs before a jury composed of comrades of the accused. The same method was followed in the ypa(j>ai XuTrora^Cov and 8etA.iaSj which were employed against those who abandoned a post assigned them by their com- mander, or were guilty of cowardly conduct. The punishment for these offences was a partial Atimia without confiscation of pro- perty ; the condemned man was excluded from the market place and from the Ecclesia.^ But in all these cases the trial was probably postponed until the army returned home from the cam- paign. The right of punishing or rewarding soldiers in the actual field belonged apparently to the Strategoi alone.^ referred to in the official oath of the Strategoi ; Tot)s darpaTeOTovs KaraX^^eiv : Lys. 9, 15. Posting the list by the statues of the Eponymoi : Aristoph., Peace, 1181 sqq., with the Schol. For details see my Beitrdge, etc., 52 ff. ^ Appeals before the Strategoi : Lys. 9, 4. Classes exempt from military service were the Bouleutai : Lye, Leocr., 37, the tax-farmers : (Dem.) 59, 27 and in all probability the magistrates. With regard to the Choreutai it is probable that they were regularly excused from service on appeal : Dem. 21, 15 ; 39, 16. Under certain circumstances ^fiiropoL also were excused ; cf . Arist., EccL, 1027 ; Boeckh, Puhl. Econ., 1, 122 (Bk. L c. 15). A roll-call was taken before marching out, probably in the Lykeion (cf. Arist., Peace, 354, with Schol. Lex. Seguer. 277, 10 ff. Other places of rendezvous in the city Andoc, de MysL, 45) according to the conscript lists, before the Taxiarchs (Poll. 8, 115), who took these lists with them on campaign also (Lys. 15, 5). ypacprj dcrrparelas against those who absented themselves without leave : Lys. 14, 7. These and the ypa(f>-q 'Keiirora^iov and SetXfas formed the military lawsuits : -iEsch. in Ctes. 175. Eosenberg in the Phil. 34, 1876, p. 65 ff., maintains that there was no such thing as ypav\7] tQv ottXituu in Thuc. 6, 98, 101. Gilbert I. 305.] Athens. [Gilbert II. 357-8. subdivisions of the several Phylai are not known ; it is however probable that to form these mobilised Phylai a number of Demea, more or fewer according to the size of the several Demes, were combined to form a Lochos, each Lochos being commanded by a Lochagos appointed probably by the Strategos.^ The military forces of the State included also light armed troops, who were recruited from among the Thetes, though this class was Light armed eniployed on other service also on occasion. ^ The only Troops, common characteristic of these troops was that none of them were armed with complete hoplite armour ; Athens possessed no specially equipped light-armed troops. In the fifth century, however, we hear of a corps of bowmen, commanded by To^apxoL, and recruited from among the citizens.^ The most distinguished portion of the Athenian militia was the cavalry or tTTTrct?. In 490 B.C. the Athenians were still destitute of cavalry, but they gradually increased the number of their horsemen till in 431 B.C. it reached 1,000, and this total was maintained during the fourth century."* Every 1 Lochoi among the Athenians: Arist., Ach., 1074; Xen., Hell., 1, 2,3. Lochaji;oi: Isocr. 15, 117; Xen., Memor,, 3, 4, 1 ; Is. 9, 14. The hoplites of Acharnai probably formed one or more Lochoi by themselves on account of their numerical strength (of. Thuc. 2, 20). Is. 2, 42 shows that demotai served together. 2 We find them taking part in expeditions undertaken, vavdrjfMei or irar- cTpari^. Cf. Thuc. 2, 31. 4, 90. 91. 2 Thuc. 4, 94 : \f/Lkol bk iK irapaa-Kevrji jj^v uiirXtcrf^^voi. oiVe totc irapT](xav offre iy^vovTo rrj irdXei. This statement is not affected by the fact that e.g. in C.I.A., I. 54. 55 Athenian irekTaaTal are mentioned. Pericles speaks of 1,600 bowmen at the beginning of the Peloponnesian war: Thuc. 2, 13, and Arist. 24, 3 supports this. Nikias obtained for the Sicilian expedition Tr^v bk AWrju Tapau : Thuc. 6, 25. To^orai ol dcrrLKol: C.I.A., I. 79. (/cara) probably the two first Solonian census classes. Hermann 11 ff.) /cat a-djfMacnv ij ela-dyovra els SLKacTT-qpiov ^ ireldovTa. See also Dirichlet 25/6. Cf. Xen., de re Equestri, 2, 1. Hermann 21 ff. Precepts for the Hipparchoi as to how they are to induce youths to enlist as volunteers in the cavalry : Xen., Hipparch., 1, 11/2, cf. Arist., Birds, 1442/3, where the Diitrephes mentioned was a Hipparch, cf. 798 sqq. I agree with Thalheim, Berl. phil. Wochenschr., 1887, 1315, that the system elaborated by Martin 319 ff. from Xen., Hipparch., 9, 5, is erroneous, for Xen. is there discussing simply a proposal or suggestion of his own. Arist. O.A. 321 Y Gilbert I. 306-7.] Athe7iS. [Gilbert II. 360-1. newly entered by the Council on the roll received, for the expenses of his equipment, a sum of money called Karao-Tao-t?, which he had to refund to the State when he left the service.^ The training of the horsemen belonged to the duties of the Hipparchoi. They had to instruct them in mounting and dismounting, hurling spears on horseback, charging, wheeling, leaping walls and ditches, and riding up and down steep slopes. Further, the Hipparchoi had to test the horses to see if they were suitable for the services required.^ In general the Hipparchoi directed the entire military 49, 2 informs us about his own times : roi)? 5' lirireas KaroKeyova-Lv ol /caraXo- yels, oOs B,v, 6 dij/Ms x^poroj^crT; 8^Ka dvSpas. oO? S' Stv KaraX^^uJcn, irapadidjaa-i Tots iTnrdpx.oiS /cat (pvKdpxots, odroi 5^ TrapaXa^ovres eiffcpipovo'L rbv Karakoyov els tt]v ^ov\t)v /cat rbv ttLvcik' dvol^avTes, iv (^ KaTcurearjfjLaa-fji^va rb. ovb/Mxra tCov iinriiav iari, rods (Jikv i^ofivvfjL&ovs tG^v irpoTepov iyyeypapLp,ev(j}v jxt) dwaroi/s etvat rots (ru>/Ji,a(Tcu linre6eLP i^aXeitpovai (cf. Xen., Hipparch.^ 1, 2) robs bk KaT€i.\ey/j.4vovs KoXovai, kSlv ixh Tts i^ofivOrjrai pJr} bvvaadai rip (rufiaTi linreijeLV rj rrj oicrla, tovtov dcpiacnv, rbv 5k pt/r] e^opvvp,evov biax^tpoTovovaiv ol ^ovXevraL, Trbrepov eTTLTiQdeibs iariv linrevetv ^ oH' Kd.v pikv Xf'PO'J'O''^''''*'^*''? iyypd.(povs linreas, and so from the point of view of the Council the Kardaracris is the definitive enlistment of a knight after the Dokimasia described by Arist. Cf. Lex. Seguer. 270, 30 : i} vwb ttjs ^ovXrjs tQu Iwir^oju doKCfiaala KardaTacns eXiyero. The Dokimasia just mentioned is the one which occurs in Lys. 14, 8, whicli Sauppe in the Phil. 15, 69 ff. has rightly distinguished from the Dokimasia described by Xen., Hipparch., 1, 13 sqq., and so also has Dirichlet 27 ff. On the Kardaraa-LS, in the sense of a sum of money, cf. Harp., Suid., Phot., L3^s. 16, 6 sqq. Bake, schol. Jiypomnem., 5, 134 ff., tries to prove that the Karda-raaLs existed in the time of the 30 only, but he is refuted by Sauppe. I now agree with Martin 335 ff. who, on the authority of Harp. Karda-racns, holds that this had to be paid back to the State on leaving the cavalry service. 2 The younger men learnt dirb bbparos duairrjbdp eVt toi>s tinrovs, the older men learnt to mount in the Persian style : Xen., Hipp., 1, 17, de re JEquestri, 6, 12 ; 7, 1, 3. Cf. Mnesimach. ap. Ath. 9, 402 F : Sretx' els dyopdv irpbs rods '^ppus 05 irpoacpOLTCJa oi (p^Xapxoi Tovs re p.ad7]Tds tovs upaiovs, OOs dva^alvetv cttI rods LTTTTovs MeXerq. ^eibuv /cat /cara/SatVeti/. Xen., Mem., 3, 3, 5. Practice in dKovTi^eLv : Hipp., 1, 6, 21, in dvdnnraaia : Hipp., 1, 20, in which each Hipparch commands 5 tribes : 3, 11. For the other employments of a iroXenLCTTipLos tiriros: de re Eq., 3, 7: 8, 1 sqq.; 7, 13 sqq. Examination of the horses : Xen., Mem., 3, 3, 3/4. Phot. linrbTpoxos. The definitive rejection of a horse prob- ably required a vote of the Council. This reviewing of the horses KOrte 322 Gilbert I. 807-8.] Cavalry. [Gilbebt II. 361-2. arrangements of the cavalry; nothing was fixed by the State except the classification into Phylai.^ Every year, and probably early in the year, the cavalry were repeatedly reviewed by the Boule, to see whether the horses were good enough for the services required.^ Horsemen not rejected at the revision of the muster- roll in the Boule, could not be called upon to serve as hoplites in the current year ; on the other hand, no one was permitted to serve in the cavalry in any year without passing the Dokimasia for that year.3 The Athenian cavalry was divided into 10 Phylai, cori'esponding to the 10 Phylai of the burgess body. Out of these the necessary number of cavalry for each campaign was levied Tactical according to the muster-roll, probably by the Phyl- l^ivisions. archs.* Every horseman received, even in time of peace, an allowance to pay for the keep of his horse.^ believes to be the subject represented oa a drinking cup of Orvieto, which he has published in the Archdol ZL, 1881, p. 117 fF. However, the two men called Bouleutai in Korte's explanation are probably the two Hipparchoi, and Korte's Hipparch a Phylarch. ^ Cf. Hipparch., 2, 1 sqq. 'NdfioL of the Hipparch for the cavalry : Dem. 21, 173. 2 The Boule reviewed the exercises of the cavalry in Acontismos at the Lykeion, in Anthippasia in the Hippodrome, in riding and wheeling on difficult ground in the Academy : Xen., Hipp., 3, 1, 6 sq. Horses tested by the Boule : 1, 13 sq. Arist. 49, 1 : doKi/xd^ei. 8e Kal rods itcttovs ij ^ov\r] kSlv jjiiv TLs KoXbu 'ilmrov ^x]^^ /ca/cws doKy Tpiq>uv, ^rjpnoi ry crtrt^, toTs de fir] bvvafxivoLs [d/coX]ou^etv -^ fxij ^diXovaiv ixiveiv dX\' avdyovai., rpoxov iirl rrjv yvd6[ov eirc^dWei, Kal 6 t]outo iradCov ddoKi/xos ecm. Cf. Hesych. Tpvaiinnov. tinrov rpox^s. This is the Dokimasia of horses and riders by the Council : Xen., (Ec, 9, 15. Hipp., S, 9. General supervision by the Council : Hipp., 1, 8, 13. See Martin 326 ff. 3 Knights duly enrolled could not be conscribed as hoplites : Lys. 15, 7. Those not duly enrolled were not allowed to serve in the cavalry' : Lys. 15, 11; 14, 10; 16, 13. Anyone who entered the cavalry illegally was liable to atimia and cenfiscation of property : Lys. 14, 8. 9. * 10 i(TeaL ry (drjfijip Toiis fih tQ)v ve{(j}pi)(jiv eTri/ieXTjrds ira{pado)vvai rots Tpi7)pd(pxoL$ T)ds vavs Kai rh cr/cei^?? (/card rd) deboyixiva rep dri{/jL(p). 2 Seeurk., XlVa, 189 ff., p. 462 = C.I.A., II. 809a, 181, where Kirchhoff, ih., p. 75, 25, completes the inscr. undoubtedly correctly : (to)vs d^ Tpirjpapxovs (toi)5 Kad)€(TTrjK6Tas irapa{Koiii^€L)v rds vads eirl rb {x^l^^- 0" '''V Mowuxtwi't {iJ-Wl ir)pb T^s deKCLTrjs {l(XTaixi)vov ko.1 irap^x^LV (irapecr)Kevaa-/xivas els (irXovv). Cf. Dera. 50, 6 -, 51, 4. 3 Dem. 50, 29. 30. ^ On the numbers and composition of the crews see Boeckh, Publ. Econ., 1, 384 ff. (Bk. II. c. 22). For the itn^arai, Harp. iiri^dT-qs — ovtws iKaXovv tQiv kv Tois rpiifipecn aTparevo/x^yuu roJ>s fii] KCJTrrjXarovvTas, dXXd /xovov irpos to yudxetr^at iTTiTrideLovs. Cf. Thuc. 7, 63. iiri^dTac taken from the Thetes : Thuc. 6, 43. Hoplites from the hoplite-list compelled to serve as ^TrtjSdrat : Thuc. 8. 24. Each ship had- 10 e7rt/3cirat : Thuc. 2, 23 ; 2, 69 compared with 92, 102 ; 3, 91 with 95 ; 4, 76 with 101. Boeckh 1, 390 (Bk. II. c. 22) ; Schwartz, p. 32. ^ Boeckh, Seeurk., 114 ff. For the numbers of the Thranitai, Zygitai and 326 Gilbert I. 311-2.] The Navy, [Gilbert IL 365-6. the 5tk century, during the supremacy of the Athenians and their league, partly, indeed, from the poorer citizens, but chiefly from foreign mercenaries and Metoicoi. In the 4th century, besides the Metoicoi, the poorer citizens seem to have been taken into service as rowers in larger numbers.^ The third class of men on board consisted of regular seamen, technically skilled in navi- gation, the Kv^ipvrjTr}^, the Tr/owpevs or Trpiapa.Tri% the KeAevcrrr^s, prob- ably three TrevTrjKovrapxoLj and one or two vawrqyoL.'^ The entire complement of men on board was under the command of the Trierarch, who had power to inflict punishment if necessary. ^ When the ship was manned, and its oarsmen trained for their work by a few practices,* the Trierarch could announce to the Council, or to the aTroo-roAcr?, that his ship was ready TrierarcMc for service at sea. In order to increase the keenness Crowns, of the Trierarchs and so expedite the armament of the a7r6(rTo\oiv5 = 6737'76 grains Troy = £4. S/oaxftiy = 67-3776 grains = d'2d. 6/3oA.os = 11-2 grains =l-5cZ.^ Since the purchasing power of a coinage depends upon the ratio of its value to that of other commodities and on the interest paid for capital, it is necessary, in order to appreciate rightly the amounts of the separate heads of the Athenian budget, to collect here various data with regard to these ratios. Mrst, as concerns the ratio of value of money to other com- modities, I will simply state some prices recorded for corn and cattle. In Solon's time a medimnos of corn cost — it is Value of not stated whether it was wheat or barley — 1 drachma, purclSSiiff while for the same bulk of wheat in 390 B.C. 3 drachmas Power, were given, and in a tariff for sacrifices in 380 B.C. as much as 6 drachmas. In 335 B.C. the medimnos of wheat cost 5 drachmas. In 330 B.C. the delivery of 3,000 medimnoi of wheat, at 5 drachmas the medimnos, is reckoned a special act of kindness, and in 329 B.C. a decree of the people fixed the price at which the offerings of corn, which were yearly made to the Eleusinian temple, should be sold, at 6 drachmas per medimnos for wheat, and 3 drachmas for a medimnos of barley.* In Solon's time an ox was ordinarily 1 Regular system of Attic coinage, of full weight, stamped with owl and head of Pallas, introduced by Peisistratos : Hultsch^ 220 ff. For the various periods of coinage : 213 ff. 2 For the gold coinage see Hultsch^ 223 ff. Eatio of gold to silver as 14-10 : 1, Hultsch2 236 if. ; as 14 : 1, C.I.A., I., p. 160. On Attic copper coin- age Hultsch^ 227 ff. Foreign gold coins were tested by a So/ct/xao-riys : Mitth. 5, 277. 3 On the weight and value of the coins in German money see Hultsch^ 208 ff. 234/5. For the fractions or smaller coins see Poll. 9, 51 sqq. 4 1 drachma : Plut., ISol., 23. 3 : Aristoph., Ecd., 547/8. 6 : Inscr. con- Gilbert I. 314-5.] Athens. [Gilbert II. 369-70. reckoned worth 5 drachmas, but it is to be noticed that the price for oxen for sacrifice was even then considerably higher ; in 410 B.C. an ox for sacrifice is reckoned at about 51 drachmas, 347 B.C. about 77, in 329 B.C. at 400.^ In Solon's time a sheep cost 1 drachma, in the 4th century the price apparently varied between 10 and 20 drachmas, in 329 B.C. a sheep or goat cost 30.^ It is impossible to institute a comparison between the worth of money then and its present value on such unsatisfactory data. On the other hand, it may be shown with certainty that the rate of interest on capital at Athens was considerably greater Interest of than it is with us. The usual rate of interest on bor- Capital rowed capital was 12-18 per cent., on money lent on bottomry on an average 20 per cent.^ Capital invested in land produced less interest, about 8-12 per cent. ; in case of house property about 8 per cent.'* For money laid out in slaves, who taining a sacrifice-tariff in Boeckli, U. Schr., 4, 404 ff., 409. 5 ; Dem. 34, 39. In Socrates' time a medimnos of &\\t] of a specially fine quality as worth 5 drachmas, while on a sacrifice tariff the kotijXt} costs 3 obols. On the excellence of Attic wool cf. Plut., de audiendo 9. Ath. 12 540 D. Attic marble : Xen., de Ved., 1, 4. ^ A great number of r^x^at. at Athens: (Xen.) de Rep. AfJi., 1, 21. Earthenware vases, sent as articles of commerce (Hdt. 5,88) as far as Libya (Skyl., PeripL, 111)] not high priced; Boeckh, Publ. Econ., 1, 151/2 (Bk. I. c. 19). Praise of Attic potter's art in Critias, Meg., 1, 12 sqq. ^ On the Piraeus as a commercial emporium see Boeckh, 1, 85 (Bk. I. c. 9). On the wealth of the silver mines at Laureion see Xen., de Vect., 1, 5, and ^sch., Pers., 238: dpyvpov ir-qy-q tis aiirois ecrrt., dTjaavpbs x^ovSs. * Wealth of Athens before the Pelop. war: Thuc, 1, 80; after the war feeble revenues and general impoverishment: Lys. 21, 13; 12, 6; 19,11, Isocrates' descriptions indicate great poverty: 8, 20 sqq. 46; 7, 83. The people subsist merely by /iio-^os obtained in one way or another: Isocr. 7, 82 ; 8, 130 ; 15, 152. 333 Gilbert I. 318.] Athens. [Gilbert II. 373-4 In early times it was apparently the custom to distribute among the people any surplus revenue of the State.^ After the founda- tion of the first Athenian league, on account of the ciples of 5tli continued wars with the Persians, the Athenians first Century began to feel the necessity of a permanent war chest, from which to defray the expenses of the war. Such a fund was formed by the treasury of the allies at Delos, which was kept full by the tribute paid by the members of the league. After- wards when the war with the Persians came to an end, and the allies gradually fell into the position of dependencies of Athens, the Delian treasury of the allies was removed to Athens about 454 B.C., and there, just as the constitutional position of Athens in the league had altered, the allied treasury too changed its character and became an Athenian State chest. The monies brought to Athens were consecrated to Athene Polias and thus amalgamated with the temple treasures, and after the completion of the Parthenon these were kept in the Opisthodomos of that temple under the custody of the treasurers of Athene.^ The * I infer this from the proposal to distribute the 100 tal. which came into the State treasury in payment for concessions on the discovery of the silver mines at Maroneia. Cf . Arist. 22, 7. That Athens had no State treasury at the time of the Persian wars is shown by Arist. 23, 1. Cf. Plut., Them., 10. 2 In this second edition I have been induced by the discussions of Beloch in the N. Rh. Mus., 39, 49 ff., and of Holwerda in Mnemosyne, 1886, 103 ff., to return to the view of Boeckh, Fubl. JEc&n., 1, 575 ff. (Bk. III., c. 20) that the State treasury of the Athenians was identical with the treasury of Athene Polias. Kirchhoff, in the Abh. d. Berl. Ak., 1876, 21 ff., inferred the existence of a separate State chest in addition to the temple treasury on the follow- ing grounds : — Ace. to Thuc. 2, 13, the amount of coined money in the Acropolis at the beginning of the Peloponnesian war was 6,000 tal., of which 1,000 tal., ace. to Thuc. 2, 24, was put by as a reserve fund. Cf. also Thuc. 8, 15. Philoch., fr., 116. Now Kirchhoff argues that these 5,000 tal. must have been spent by the beginning of 428/7 b.c, because an elacpopd was decreed in that year. Cf. Thuc. 3, 19. But ace. to the accounts of the Logistai in C.I.A., I. 273 not more than about 4,750 tal. were taken from the temple treasures in the 7 years from 433/2-427/6 b.c. ; that is, not so much as was taken from the balances in the Acropolis up to the beginning of 428/7. Therefore Kirchhoff infers there must have existed besides the sacred treasury yet another reserve, namely the State chest proper. On the other hand, Beloch and Holwerda maintain that the decree of an Eisphora in the beginning of 428/ 7 does not necessarily imply the complete exhaustion of the State chest. Holwerda 104/5 translates the words of Thuc. 3, 17 : Kal toi, xrV/^to- tovto fiiXiara virauifjXwae /jlctcl lioreidalas and xd fji^i/ otp xpijAKiTa ouTws viravrjXibdf] rb irpiOTov by : " atque pecuniashaec res maxime - 334 Gilbert I. 318-9.] Fifth Century Finance. [Gilbert II. 374-5. ordinary revenues of this' sacred treasury consisted of the rents of the temple estates, the tithes of confiscated goods, and the aTrapxn of -gV of the annual tribute.^ Besides this, however, the sacred treasury had extraordinary receipts. For instance, every year, so it seems, it was decided by decree of the Ecclesia, how the surplus from the tribute and from the government administra- tion, if there were a surplus, should be employed. If there were no special needs to meet, the surplus seems to have been conse- crated to Athene and incorporated with the sacred treasures.^ cum Potidgea consumere coepit," and " pecuniae igitur hoc modo primum consumi coeptse sunt." Further the calculations of Beloch, ih.^ 52 ff., show that the disagreement supposed by KirchhoiF between the statements of Thuc. and the accounts of the logistai does not exist. "Lastly, the compu- tation of the iir^TELa of the temple treasury at 200 tal, per annum by Kirch- hoff is ace. to Beloch 56 ff. much too high. Frankel has declared himself against Beloch in the phil. u. hist. Aufs. fur E. Curtius 1884, pp. 48/9, and on Boeckh, Puhl. Ec, 2^, 43, no. 268, to which Beloch has replied in the N. Rh. Mus.j 43, 114. Frankel cites as an analogous case the fact that in Delos the iepowoiol had the iepa and the drj/xoaia KL^torbs under their supervision and issued separate accounts for each. See Bull. 6, p. 6. ^ The airapxfi of the tribute paid to the goddess was ^^a airh tov toX&vtov: C.I. A., I. 226. 260. 315. The Hellenotamiai paid it to the goddess and their accounts were checked by the Logistai. Documents concerning these pay- ments are extant, C.I.A., I. 226-272. To this regular payment of this airapxh to the sacred treasury I refer, as does Holwerda, ihid.^ 113/4, the passage in the decree of the Ecclesia C.I.A., I. 32, which I here quote from Ditten- berger, Syll., 14 : {iK 8^ tQv {l(n]Tat 6) Sij/Jios idvirep i} {eKKXrjaia rj wepi ttjs icr(f)o)pcis. edv 8i ris (etir-g i))eTnae(pirj irapavo/jioiv and again rescinded.^ * The existence of a federal treasury in the 2nd Athenian league follows from C.I.A., II. 17. 44 sqq. For the history of the Theoricon in the 4th cent, see Fickelscherer, de theoricis Atheniens. pecuniis, 19 ff., Leipzig, 1877. Harp. deuipLKOL' dewpiKCL ^v TLva ev kolvc^ xP'OI^^t^ v\dTT€To /cat eKakeTTO CTpaTnaTiKd, ijarepov 5k KareTiOeTO ei's re rds drj/jLoaias KaraaKevas Kal dtavo/uLas, dv TrpQros ijp^aTo ^Ay^ppLos 6 drjfxayuyos. So also Said. deoopiKa, Art. 2. Arist., Pol., 2, 7, p. 39, 27 sqq., and 7 (6), 5, p. 186, 17 sqq. Bekker discusses the gradual in- crease of the Theoric fund. The statement in Plut., Per., 9, that Pericles introduced the Diobelia is contradicted by Arist. 28, 3, according to whom it was Cleophon who was responsible. Aristotle is corroborated hj the fact that in 410 b.c, when Cleophon was the leading demagogue (see my Beitr., 335 ff.), the treasurers of Athene for the first time made payments out of the ewiTeia for the Diobelia. Cf . C.I. A., 1. 188. This supplied the demagogues with a means of agitation, as may' be seen from what Xen., Hell., 1, 7, 2, according to Dindorf's emendation, says about Archedemos. It goes with- out saying that even in the 4th cent, sums of money were temporarily deposited for safety in the custody of the treasurers of Athene. This explains C.I.A., II. 737, p. 508. But it cannot be stated for certain what part was taken by the treasurers of the goddess in C.I.A., II. 612. 2 (Dem.) 59, 4: K«\€v6vTvXaTT6vTs, ^sch. in Ctes. 25 says : Kad'' eKo.cTT'qv irpvTaveiav dTreXoyi^ero rcis irpoao- dovs rcf 8rifx(^. Provisional rendering of accounts by the officials in each Prytany : Lys. 30, 4. 5. 2 Control by the Boule, pp. 279/80 ; rendering of accounts before the Logistai, p. 216 ff. * SchoL. on Dem., 2, 19 : 5oi\ov$ elxov 5T]ixo(xiovs 61 ''AdrjvaToi dirb aixt^oXcoTuiv iroi'f}tovs tOtttciu ojs 5oi/\ous ^x^'^'- P-o-vddveLV rb dXrjdks. Cf. Arist. 47, 48. Accordingly we find mention of brifMbaioc for the (pvXaKT] Tuv xp>7/AdTWj' in the case of the Strategoi : Dem. 8, 47, a bovXos as dvTt- ypa(f)€}js for the receipt of dacpopd : Lex. Seguer. 197, 24 sqq . Dem. 22, 70. In C.I.A., II. 403, where it is resolved to appoint a commission for making a dedicatory offering out of the rviroi of the ijpws iarpbs which were to be melted up, we find the words: d dk du olKOvofj,r]aoi}(nv, Xbyov Kara^aXeadat avrotjs' eXk<7da{i) 8k Kal 8r}fibaiov rbv dvTt.ypaxpbiJ.evov, Sttojs dv to^tuv yevofxkvwv ^et KaXQs Kal evae^Qs Tei ^ovXel Kal tu;(i) S'^fxij} Td irpbs roijs deoOs. See also Kohler in Mitth. d. dtsch. arch. Inst, in Ath., 5, 269. 341 Gilbert I. 323- 4.] A thens. [Gilbert II. 382-3. B. The Expenditure. The expenditure of the Athenian State was divided into ordi- nary and extraordinary expenses. To the ordinary expenses Ordinary belonged first the expenditure for religious purposes, Expenditure. ^^^^ f^^. ^jj^ sacrifices and festivals.^ The cost of the State religious ceremonies was defrayed by the State; the ex- ReUslon P^^^es of the festivals and sacrifices of particular corporations were paid by those corporations them- selves.2 The Athenians had twice as many festivals as the other Greeks, and the State expenses they involved must have been very considerable, even allowing for the fact that the temple revenues were also, available to defray them.^ Besides the actual victims for sacrifice, which were supplied by the State, con- siderable expense was involved in the musical, gymnastic, and equestrian competitions connected with the various festivals, ^though this was partly met by Leiturgies.* Another item of ex- penditure connected with the festivals was the ^ewptKov, which was originally introduced by Cleophon and was afterwards distributed at all the more important festivals to enable the poorer citizens to celebrate them with a better meal than usual : finally during the period of Eubulos' influence all the surplus revenues of the * eis T7]v lepav 8toiKr)(Tiv = eis ras dvaias: Dem. 24, 96/7. On these expenses see Boeckh, PubL JEcon., 1, 293 ff. (Bk. II., c. 12) and Frankel in Boeckh' 2, p. 60 ; no. 378 ff. 2 Lex. Seguer. 240, 28 sqq. : rd fji^v STj/xoTeXij dOfiara i) t6\ls SiSuaiv, els S^ rk Sr]fj.oTLKa oi drj/xoraL, els 8^ to, ofr/ecjviKd, ol opyewves, ot hv Sxnv eKaarov tov iepoOf els 5^ TO. Twv yovicav to. yivrf. Of. Harp. drjfioTeXTJ Kal drifioriKdi, iepd. Hesych. drjfioTeXij iepd. ^ Cf. (Xen.) de Rep. Ath., 2, 9 : d6ov(nv odu drjfioa-ig. fikv tj ttSXls iepe7a iroWd. 3, 8 : Kai dyovat fx^v (ol '' Adrjvaloi) eoprds dLirXaaiovs ij ol &\\oi. Contributions from the temple revenues : Harp, dirb fuaOiofidTOjv. Aldvfids (pr/aip 6 ypafXfMTiKos duri TOV eK rdv re/xeviKwu irpoabbuv. eKdarq} yap deia irXedpa yrjs dirivefjiov, e^ S}v IxLffdov/jiivuv at els rds dvcrias iylyvovro da-rrdvat. See Boeckh, Publ. Econ., 1, 296a (Bk. II., c. 12). * Occasionally 300 oxen for one sacrifice : Isocr. 7, 29. In C.I.A., I. 188, 5,114 drachma! are estimated as the cost of the hecatomb at the great Panathenaia. The 8epp.aTi.Kbv, which formed an item in the State revenues, amounted in 7 months of the year 334/3 b.c. to 5,148§ drachmai : C.I.A., II. 741. In 410/9 b.c. the Athlothetai received els Ilavad-^vaca to, /xeydXa 5 tal. 1,000 dr.: C.I.A., I. 188. Prizes for the contests in music (Mommsen, Heort., 139, 140), gymnastics (Mommsen, p. 141, 150 ff.), and horse-racing (Mommsen, pp. 153, 160 if.). Cf. Arist. 60, 3. See also the collection of in- 'stances in Michaelis, der Parthenon, 321 ff. Cf. Dem. 4, 35 : els A (Havadrivata ical Ai.op\j(na) ToaavT'' dvaXlaKere XPVI^O-'^^ ^<^<^ ouS' els 'iva tQv dirodToXuiv. Gilbert I. 324-5.] Ordinary Expenses. [Gilbert II. 383-4. State were swallowed up by the Theoricon.^ Lastly, expenditure was also required for the Theoriai sent to foreign festivals, es- pecially to the national Greek games.^ It is impossible to esti- mate the total amount spent for religious purposes. Another, most important item of ordinary annual expenditure was the pay given under various forms and titles.^ The oldest form of this pay was the fxtaOos StKaoTt/cos, introduced by Pericles.^ Its original amount cannot be deter- mined with certainty ; the analogy of the Ecclesiasts' fee makes 1 obol appear probable; the evidence we have, which uio-Obs however comes mostly from later periods, is in favour 8iKaop€l) irivre o^oXovs. rots 5^ irpvraveiovaLv etj ffirrjaiv [o^oXds (so Blass fills up the lacuna) 7r]/)o rhios, he followed his uncle's policy. If so, the increase took place probably between 387 and 362 b.c. Dem. 24, 185, says of him : Kal iir iKeipcp Ka\\iriopTio)v Kal avSpairoduiv iK rrjs aWodaTrijs irevTrjKoar^v erfkovu 61 iixiropoi. Kal tovto ^/caXeiro irevTrjKOffTeieaOai. So Et. M. irevTTjKoaTevdfievov. Duty levied on imported corn: (Dem.) 58, 27, on ruddle from Keos : C.I.A., II. 546, on clothing and drinking vessels : Dem. 21, 133. The duties on exports are attested by Dem. 34, 7, and by the statement of accounts of the Delian Amphictyones in Boeckh 2, 95 = C.I. A., II. 814, where the TrevrrjKoaTri is reckoned even on a sacrificial ox belonging to an Athenian Theoria sent to Delos. On the TrevTriKocTTT] see Boeckh, Puhl. IJcon., 1, 425 ff. Beloch, in the N. Rh. Mus., 39, 47 ff., argues from (Xen.), de Rep. Ath., 1, 17, that the duty on exports and imports during the Archidamian war was a iKaroa-TTj, since (Xen.) does not mention the amount of revenue produced by the TrevTTj kocxt^. Beloch supposes that it was increased to a irevTrjKocrrTj during the progress of the war. Boeckh 1, 432 ff. identifies the eKaroa-Tij in (Xen.) with the iXKtfjLei/Lov. 2 The customs were levied on unloading: Dem. 35, 29, and therefore probably when the cargo was loaded also. Andoc, de Myst., 133/4, men- tions an annual contract sum of 36 tal., which represents an import and export of 1,800 tal., to which something must be added because of the cost of collection and the profits of the tax-farmers. 3 Lex. Seguer. 251, 80 : iWifMevcarai' ol iv rots \i/jt,4(n reXdvai. Aristoph., Wasps, 659, puts down Xifxhas as one source of revenue. Poll. 8, 132 and Aristoph. ap. Poll. 9, 31 leave the matter vague. Eupol. ajx Poll. 9, 30 : iXKL/x^viov doOvai irplv eia^rjvai (re del seems to make the e\\i/x4viov a toll on embarkation, which should be compared with the eirL^ariKov mentioned in C.I.A., L 35, 1. 7 ; 34, 1. 12. See Wachsmuth, d. St. Ath., 2, 1, 153, 1 Boeckh, PuU. Econ., 1, 431 ff. Gilbert I. 333-4.] Ordinary Revenue. [Gilbert U. 392-3. The Sckcxtt; or toll of 10 per cent, can be proved to have been levied in certain periods on the cargoes of ships pass- ing through the straits of Byzantium. Besides this there must have been another kind of SeKar?;, concerning the nature of which nothing definite is known.^ The iiTiovLov was a tax on sales, paid to the State treasury by the purchaser at every sale. The amount varied : but since the eTrcowov seems at various times to have been 1 per cent., i^ ^x i / may be plausibly identified with the eKaTocm}, the exact nature of which is uncertain.^ 1 Lex. Seguer. 185, 21 : SeKdrrj koL eUoarr-^' oi ''Adrjvahi e/c tQv yrjcncoTiav ravra ekdfJL^avov. Harp., Se/careuras. Poll. 9, 28/9. Xen., Hell., 1, 1, 22 says of Alcibiades and the other Athenian Strategoi of 411 b.c. : evrevdev 5' acpiKoixevoi T^s KaXx'JySoi'tas ets XpvcroiroXiv iTeLxi-vTas. See Boeckh, Publ. Econ., 1, 449. * -Slsch. in Tim. 119. The improbable statement of Snid. Sidypafifia t6 fiiffdojua' di^ypacpov yap oi dyopapo/xoL, 6crov ^5ei Xafx^dveip ttjv eraipav eKdcTTrfv is explained by Boeckh, PuU. Econ., 1, 450, very plausibly, in the manner indicated in the text. Gilbert I. 335-6.] Ordinary Revenue. [Gilbert II. 894-5. tax-farmers/ who were exempted from military service during the year for which they had bought the taxes.^ Since the sums offered for the taxes were as a rule very heavy, it was generally companies or associations of tax-farmers who made the agreements with the State. Such companies had as their president a tax-farmer-in-chief, and included tax-farmers, guaran- tors and collectors, all of whom were interested to a greater or less extent in the profits of the bargain. •'^ The farmers of the TrevTrjKoa-Tr) kept accounts of the freights of all ships that entered or left the port, and had power to examine cargoes for customs purposes.^ Attempts at smuggling were punished by seizure of the wares that had not paid duty, and offenders could be brought before the dicasteries by the form of action called Phasis.^ The second head of ordinary direct revenue consisted of the revenue obtained by letting out on lease the mines at gx j^^Q-ses of Laureion and the lands and houses owned directly by state •theState.8 ^'''^'^^- The most important item under this head was the proceeds of the silver mines at Laureion. The State sold to each lessee the right of exploiting a specified space in the mine dis- trict. The lessee took the space so assigned on here- ditary lease, agreeing to pay -^^oi the annual profits as permanent rent to the State; the rights of the lessee could be transferred to a third party by purchase or inheritance.''' ^ For the tax-farmers see Boeckh 1, 451 ff. The reXwvai are described from their relation to the State, or to those who had to pay some impost, either as tax-farmers, e.g. TropvoTekwvai, or as tax-collectors, e.g. TrevTTjKoa-TokSyoi. Cf. Poll. 9, 28 sqq. As regards the various kinds of tolls we find irevTTjKoa- ToXdyoL in Dem. 21, 133 ; 34, 7 ; eWifieviaTai, in Lex. Seguer. 251, 30, elKoaroXdyoi. Aristoph., Frogs., 363, deKarrjXdyoi, Poll. 9, 29. Harp. deKarevrds, farmers of the 8iair^\iov, Zenob. 1, 74, of the ixeroiKiov, Harp. /xerotKLov ; iropvoTeXtSvai, Msch. in Tim. 119. Philonid. ap. Poll. 9, 29 ; 7, 202. 2 Tax-farmers were in evil repute: Poll. 9, 32. Their exemption from military service : (Dem.) 59, 27. ^ For such a company of tax-farmers with an dpx^^vrjs as their director cf. Andoc, de MysL, 133/4. For the 3 classes reXwmi, iyyvrirai and eKXiyovres (Dem.) 24, 144. 4 Dem. 34, 7 ; 21, 133. * Seizure of smuggled goods by tax-farmers : Zenob. 1, 74. ^darts against smugglers : Poll. 8, 47. 6 Boeckh, M. Schr., 5, 1 ff., PuU. Ec., 1, 413 ff. 7 Boeckh, kl. Schr., 5, 32 ff., J. H. Hansen, de metallis att. Comment, prior., Strassburg, 1885. The right of working new mines was purchased : Dem. 37, 37, cf . Arist. 47, 2, on which is based Harp. iruXrjTaL The 100 tal. which G.A. 353 A A Gilbert I. 336-7.] Athens. ' [Gilbert II. 395-7. Since it was the practice of the State to sell confiscated property, the amount of landed property owned directly by the State cannot , . have been very large. All such property was let on lease. The same course was pursued in the case of temple properties, whose rents were used to meet the expenses of religious ceremonies.^ c) House- The receipts from rents of houses and buildings owned property, -^y ^j^^ State, including the theatre, were likewise only moderate in amount.^ The third class of ordinary direct revenues consisted of the court fees and fines.^ The court fees which were paid in almost all 3) Court fees P^i^^t® or public legal cases, were either fixed at a and fines, certain proportion of the value of the object in dispute, or in other cases were a fixed sum of money paid for bringing the action.* The fine-monies consisted first of the fines, which the accuser had to pay, if he abandoned a public suit, or if he failed to obtain \ of the dicasts' votes, or in certain specified cases if he Themistocles used for building the fleet were the proceeds of the sale of mining rights in the newly discovered mines of Maroneia : Arist. 22, 7. Maroneia in Attica : Dem. 37, 4. Harp., suh verb. For the yearly pay- ments, cf . Suid. : dypd^ov /xerdWov Uktj' ol to, dpyvpeia fieraWa epya^dpLevoL Sirov ^OTu\oLVTO Kaivov ^pyov dp^aadai (pavepbu eiroiovvTo toTs iir'' iKelvoLS reTay/x^Pois vt6 Tov drjfjLov Kal direypdtpovro rod Tekelv 'eveKa r^ drjficp €Iko(Ttt)v rerdpTTjv tov kulvov /jLerdWov. Cf. Harp. dtrovopL-q. The right of sale and therefore of inherit- ance also follows from ^sch. in Tim. 101. C.I.A., II. 780-783 contain fragments of boundary marks of mining concessions. ^ Aristoph., Wasps, 658 sqq., mentions among the sources of State revenue not only r^X-q and fi^raXXa but also /xicrdo^s. Cf. Arist. 47, 2. 4. Andoc, de Myst., 92, mentions the sale of the proceeds of certain tithes belonging to the State. Athenian state-lands in the territory of Chalkis let on lease ^lian, Var. Hist, 6, 1. Miaddbcreis of confiscated landed estates : C.I.A., IV. 3, 277a, p. 177. On the use made of the revenues from temple property cf. Harp, dirb ixLddujxdTwv. 2 Leasing of houses belonging to the State, Xen., de VecL, 4, 19. 3 3^"^^ of the fine-monies belonged in certain cases to Athena, cf . the law in Dem. 43, 71. Andoc, de MysL, 96 ; Xen., Hell., 1, 7, 10 ; Pseudoplut., vit. Antiph., 27, p. 1016 Didot. The State debtors were then debited with ^ of the fine to the Practores, and ^ to the treasurers of the goddess. Monies due to the State were recorded on a register kept in the temple of Athena on the Acropolis. Cf. (Dem.) 25, 70; 58, 48. Harp.=Suid. xpevbeyy paTj. Suid. \pevUyypa(po% dlK-rj. Boeckh, P. Econ., 1, 509, * For the first kind of court fees, the irpvTaveHa, cf. Poll. 8, 38, for the second, the TrapdaTaa-is Arist. 59, 3. Poll. 8, 39. Phot. Trapdaraa-ts. Revenues dirb diKaa-TTjpicov, Thuc. 6, 91. Arist., Wasps, 659, counts irpvrapeia among the public revenues. 354 Gilbert I. 337-8.] Ordinary Revenue. [Gilbert II. 397-& merely lost the case : secondly, the fines inflicted on the accused in public suits if condemned ; these in some cases were sums of an amount fixed by law, in other cases confiscation of property : lastly, the Itn^okai inflicted by the Boule or by the magistrates.^ Any one who failed to pay at the appointed time money due to the State, whether rent or fines or otherwise, became a State debtor and incurred ipso facto the form of Atimia . . peculiar to such men.^ At the same time the amount of the debt was doubled, and the State secured payment for itself by the sale of the debtor's property.^ Further, when the time allowed for payment had elapsed, the State had power to put the debtor in prison till the debt was paid, a punishment not in- frequently put in force as a deterrent against dilatoriness.''' ^ The fine inflicted on the accuser, if he failed to obtain ^ of the votes, amounted in public cases to 1000 dr. : Poll. 8, 58 — the same amount if he allowed a public accusation to fall through — in private cases the Epobelia had to be paid to the defendant. Harp. iirw^eXlai. The State also received one class of TrapaKara^oXal, — where the accuser had to pay ^ of the value of the object in dispute, if he laid claim to property confiscated by the State. Cf. Poll. 8, 39. Phot. Trapafcara/SoX-^, Art. 2. For the fines inflicted on con- demned defendants see Boeckh, P. jEc, 1, 488 ff., and on the confiscation of property 1, 516 ff. Avist.,}Vasps, 659 drj/MdirpaTa among the public revenues. On the ein^oXal see Siegfried, de multa quae iin^oKrfi dicitur. Berlin, 1876, p. 69 ff. 2 The money paid by the tax-farmers for the tolls was paid in to the State Kara irpyraveLav : (Dem.) 59, 27. Cf. Arist. 47, 2 sqq., for the duties of the Poletai. They prepared lists of payments for each Prytany. The chief time for payments was the 9th Prytany. Houses purchased from the State had to be paid for within 5 years, lands within 10 years. Men punished by money fines became State debtors if the fine was not paid within a certain interval of grace allowed after the sentence was passed; as a rule probably the 9th Prytany was the limit: (Dem.) 59, 6/7, but in cases of v^pis, ace. to the law in Dem. 21, 47, ^sch. in Tim. 16, only 11 days' grace was allowed. Cf. (Dem.) 58, 49. The status of State-debtor involved Atimia, which, in case the father failed to pay, was inherited by his descendants: Dem. 22, 34. (Dem.) 25,4; 58,15; 59, 6. On State debtors see Boeckh, Pub. Ecm., 1, 506 ff. ^ Cf. Arist. 48, 1 : k&v tls AX^ttt; Kara^dXriv, evraOd'' eyyiypairTai (i.e. kv rots ypafM/JLareLois) /cat 5nr\[o€v d]vdyKr] rb y\\]€L(pdh /cara/SdXXetJ' ^ dedecrdai Kal ravra €lcnrpd[TTeLv i) ^o]v\r] Kal dijaaL [Kvp]ia Kara rods v6fiov% ecTlv. Doubling of fines overdue in the 9th Prytany, the usual time for payment : (Dem.) 59, 7, Harp. ddiKiov ; rents in arrear : Andoc, de MysL, 73. The share due to the goddess increased tenfold : Dem. 24, 82. ^ This was a provision of the reXuuiKol uSfioL which the Boule carried out against lessees, guarantors, and tax-farmers. Cf. Dem. 24, 144. That this provision applied to the other fxca-dovfievoi too, is shown by the exception 355 Gilbert I. 338-9.] Athens. [Gilbert II. 398-9. State debts could be remitted in two ways. The first method was by decree of the Ecclesia ; but for this it was requisite that Remission of the proposer of the decree first obtained aSeta for State debts, jj^g^j^jjjg j^-g proposition, by means of a {j/-^cf>ccrjxa iir* avSpi. The same preliminary was necessary for a proposal to grant the debtor a period of grace within which to pay his debt.^ Secondly, a debt might be remitted less formally by a legal fiction ; the State accepted the performance of some slight service or other in lieu of the sum due.^ The revenues of the State, as described up to this point, fell into two categories. The receipts from tolls, taxes, and rents were of Classification fixed and known amounts, and could therefore supply of revenues. ^ financial basis for the administration ; the receipts from court fees and fines were naturally subject to fluctuations. Accordingly these revenues were divided into (1) regular pay- ments, Kara^oXat, including the returns from tolls and taxes let out to the tax-farmers, and from rents and leases, and (2) ad- ditional receipts, Trpoo-KaTaySATJ/xaTa, consisting of the court fees and fine-monies.^ made in the law of Timocrates in Dem. 24, 41. Finally Dem. 24, 96 shows that it could be extended to apply to all who had money belonging to the State in their hands. Cf. the passage from Arist. quoted in the last note. 1 Cf. the laws quoted in Dem. 24, 45. 50, which are confirmed by § 46. Boeckh, Puhl. Ec., 1, 515/6; Goldstaub, de dSeias notione et usu in iure puhl. atf.,S2&. Breslau, 1889. 2 See Boeckh in Meineke, fr. com. gr , 2, 527/8 and Puhl. J^con., 1, 514/5. Ace. to Androt. ap Schol., Aristoph., Pax, 347, Phormio owed the State 100 mines, and was therefore Atimos, 6 S^ Stj/hos jSovXSfievos XOcrat ttjj/ arifiiav direfiiadojaev avr^ p fivCjv tov At6s dvaiav ; so I read with Mtiller-Strubing, Aristoph., 689. Cf. also Pint., Dem., 27, referring to a similar remission of debt : ttjs 5^ xPVf^^^'-KV^ tvi^^°-^ avrcv ixevovarjs (ov yap e^ijv x^'-P'-t'- ^I'O'ctt KaTadlKrjv) e(roL(ravTO irpos rbv vdfxov. * So I explain Dem. 24, 96 sqq. The orator says there is a law in ac- cordance with which the Boule are to employ against rods ^x^^"^"-^ ^"^ '''^ '■^P^ Kal TO, Baia xpvf^a-ra, if they failed to pay, the laws laid down in the case of tax-farmers, i.e. put them in prison (cf . § 144) : § 96. In the interest of Androtion and his associates, who had monies of this kind in their hands, and should have been dealt with Kara rods v6pi,ovs rods reXwj't/coiys (§ 101), Timocrates made a new law to the effect that, with the exception of tax- farmers and lessees, other debtors, if they gave sureties, should not be put in prison unless they failed to pay in the 9th Prytany. Cf . § 39 sqq. Now Dem. says in § 97, that through fear of the former law, i.e. of imprison- ment, the irpocTKaTafiX'qfiaTa are paid in, if ra €K tCjv reKQiv x/'''7A"iTa fall short of the government expenses. § 98 describes the serious results which must 356 Gilbert I. 339-40.] Ordinary Revenue. [Gilbert II. 399-400. Lastly, the most important revenues of the State during the existence of the first Athenian league were supplied by the tribute of the allies. This amounted originally to 460 talents, tribute This total, for some time diminished in some of the items, but again brought up to the original sum by the assessment of 439/8 B.C., was then increased at the assessment of 425/4 B.C. to 1,200 talents, though as a matter of fact only 8-900 talents per annum were actually paid.^ We have no precise information concerning the amount of the financial contributions of the mem- follow the acceptance of Timocrates' law. In this § to. TpoffKarapX-^fiara roi/t fXT} Tidivra^ corresponds to toi)s ^xovras ra re iepd, /cat rd Scria xP'jA'aT-a of § 96, as is clear from the context of both §§. The meaning of § 98 is therefore as follows : — " If the ordinary receipts from the taxes are not sufficient for the needs of the administration, but leave a large deficit which cannot be met till the end of the year, i.e. till the 9th Prytany ; and if, on the other hand, the Boule or Dicastery has not the power to imprison those who fail to, pay the Trpoa-Kara^Xi^fiaTa but by giving sureties they can delay payment till the 9th Prytany, the result must be chaos in the State." This seems to me to prove the correctness of the explanation of Trpo(TKaTa^\r]/j.aTa given in the text, iepd = the fine-monies in so far as they belonged to Athena. See p. 8543. Other theories, which I cannot accept, are given by Platner, Froc., 1, 40 ; Telfy in the Fhil, 16, 865 ff. ; Boeckh., Publ. Ec, 1, 459 ff. ; Schaefer, Dem., 1^, 342, 1. The statements in Suid. Phot. irpoaKaTa^oXr] are of little weight against (Dem.) 59, 27. ^ '0 irpCjTos (popos, assessed by Arisbeides ace. to Arist. 23, 5 in 478 b.c, amounted to 460 tal. : Thuc. 1, 96. Diod. 11, 47. Plut., Arid., 24. Kirch- hoff {Herm. 11, 27 ff.) argues that the tribute did not reach this amount till after the battle at the Eurymedon. Herbst in the Phil. 40, 818 ff., Beloch, N. Rh. Mus., 43, 104 ff., Nothe, d. del. Bund, p. 6, Magdeburg, 1889, reject this view. In Boeckh, Si. d. Ath.^, 2, 88, no. 626, Frankel argues with con- siderable plausibility, from details given by Thuc, that at the time of the foundation of the league the States undertook to pay amounts considerably higher than were necessary at a later date, after the league had extended itself and the barbarian power had been decisively broken. The ?Xi;^6 [tw;/, •^ rd] ^tt) fir] yeyovepai' del yap rbv TOLLS TraL[alv xopT/JYoOj/ra virkp TeTTapd{Kov\Ta ^rrj yeyov4vai. See Boeckh, Pub. Ec., 1, 593 ff. ^ Dem. 20, 21 : Trocrot hrjTOT' elalv ol kut'' eviavTOV rds eyKVKXlovs XetTOvpyiai XeLTovpyovvres xopVY^^ 'f"' yv/nvaaiapxoi /cat eaTcdropes ; acc. to Lex. Seguer. 250, 22, iyK^KXtot meant ai /car' ivtavrbv yiv6fj.epai, Dem. 39, 7 : otaovat vrj Aia oi (pvXiraL rbv airbv rpdirop Svirep Kal rods dXXovs. oxikovv MavTideov 'M.avTLov QoplKiov oiaovaiv^ idv xopV'Y^'' ^ yvfj-uaalapxav ij earidropa rj idv ri tQiv dXXiov (fiipOKXtv. For other leiturgies see Thumser, de civ. Atheniens. munerib., p. 95 ff. 359 Gilbert I. 341-2.] Athens, Gilbert 11. 402-4. for the musical competitions ; but the people entrusted the equip- ment of the choruses to an dycoi/o^eTTy?, whose hn^iX^ia. lasted for a year. This officer, nominated from among the richest of the citizens, had to defray at his own expense the entire cost of pro- viding the choruses ; in one case known to us this amounted to 7 tal. It is not known for certain whether this system was kept up in the two last centuries B.C. In the imperial age the old system of the Choregia was again in force.^ The yvfxvaaLapxLaj to which citizens were nominated doubtless by the Phylai, consisted in defraying the expenses of the com- Gymnasi- petitors in the torch races,^ which took place at the arcMa. Panathenaia, Hephaisteia, Prometheia, and at the ^ On the Choregia see Boeckh, Publ JEx:., 1, 600. Thumser, de civ.- Atheniens. mun., p. 83 ff., where the literature bearing on the subject can be found. Subsequent treatises are Brink, inscr. Graecae ad choregiam perti- nentes. Halle, 1885. Reisch, de musicis Graecorum certaminihus, Vienna, 1885, p. 10 m, 25 ff. ; Lipsius, in the Ber. d. sacks. Ges. d. W., 1885, 411 ff. Examples of the expenses involved are given in Lys. 21, 1-4: xop-ny'i-o- TpayqsSois 3,000 dr., dvdptKos xop6s at the Thargelia 2,000 dr., els TrvppLxi-po^ l^SOO dr., xopvy'i-o- Kwixi^dois 1,600 dr., X'^PVy'-O' TryppLxto'TOLs dyevelois 700 dr. Ace. to Dem. 21, 156, the xopvy^cL avXrjTOLs dvdpdai cost more than Tpayt^Soh. For the appointment of Choregoi by the Phylai cf. Dem. 20, 130. Lipsius, ih., 411 ff., proved, mainly from C.I.A., II. 971, cf. also 553, that the Choregoi for tragedies and comedies competed in their own names, and therefore were not nominated by the Phylai ; his view is now confirmed by Arist. 56, 3. Aristot. ap. Schol. Aristoph., Hanae, 404, attests for 412/ 1 b.c. 6'rt avvSvo ^8o^e xopVJ^^^ to^ ALovOaia toIs rpayi^bols Kal /cw/i^5o?s. Choregoi for two tribes at once : C.I.A., IV. 2, 337a. So too C.I.A., II. 1236 for 365/4 b.c, 1237 b.c. 364/3, 1240 b.c, 344/3. Cf. also 1251, 1255, 1261. For the system in force in Aristotle's time cf. Arist. 56. C.I. A., II. 553, shows that musical performances took place not only at the Panathenaia, Dionysia, and Thargelia, but also at the Prometheia and Hephaisteia. On the later alterations of the choregic system see Kohler, in the Mitth. d. dtsch. arch. Inst, in Ath., 3, 229 ff., and Eeisch 82 ff. Decrees in honour of Agonothetai : C.I.A., II. 302, 314, 317, 331, 379. For the cost of such an Agonothesia cf. C.I.A.,II. 379: Kal dyiovoderrjs VTraKOvaa{s dv'f)\u})aev eirrd raXapra /cat TrdXiv rbv vbv 8ods (iwi ralJTrjv) TT]v iirifxiXeiav Kcd KaXus rrjv ay(avodeai{av eKTeXiaas) TrpocravrjXuxrev ovk oXlya Xprn^ara. 2 For the Gymnasiarchia see Boeckh, Publ. JEc., 1, 609 ff. Thumser, ib., p. 88 ff. The Phyle is the victor in the competitions : C.I.A., II. 1229 sqq. Xen., de Vect., 4, 53, shows that the expenses of the yvfiuaaiapxoiJiiievoi were paid. Lex. Seguer. 228, 11 sqq. : yvpLvaaiapxoi ol dpxovTes tQv Xafiiradodpo/xiQi' els T7}v eoprrjv toO IlpofjLTjdius Kal tov "H^aiVrou Kal rod ILavds, ixp'' Sjv ol icfrq^oi dXeiopd was devoted to war purposes, and admitted of no Ateleia, not even in the case of orphans, nor if it was required at the same time as the Trierarchia.* It was an extraor- €i(ropal in the 5th cent. ; C.I.A., I. 25, 55. See Thumser 19 ff. ^ The Solonian census classes appear in inscrr. 444 b.c: C.I. A., I. 31 ; in 387/6 B.C. : C.I.A., II. 14. They are also mentioned 428/7 b.c. by Thuc. 3, 16, cf. 6, 43, and 354/3 b.c. by Is. 7, 39 (Blass, att. Bereds., 2, 517). Ace. to Thuc. 3, 19 the first Eisphora was in 428/7, i.e., in the Peloponnesian war : see my Beitr., etc., 128 ff. Aristoph., Eq., 923 sqq. draws a distinction be- tween the rich and the poorer citizens in connexion with the Eisphora. Ace. to Isocr. 17, 49 which was delivered before 392 b.c (Blass, att. Bered- samk., 2, 210) even property in slaves was assessed. Beloch, Herm., 20, 245/6 holds that the transition from contributions in kind to payments in money 364 Gilbert I. 346-7.] Eisphora. [G ilbebt II. 408-9. revisions of the assessment-lists, when the taxpayers were, if necessary, reclassified according to their wealth.^ The citizens liable to the tax apparently made their own estimates of the amount of their property, which were then accepted or corrected by a committee of €7rtypa<^€t9, probably a separate committee for each of the census classes.^ In 378/7 B.C. in the Archonship of Nausinicos a new system of assessment for the purposes of Eisphora was introduced, in con- nexion with the institution of Symmories for the same Assessment of purpose. The entire amount of the property of the Nausinicos. Athenians, as declared on this occasion, reached, according to Polybios, the sum of 5,750 talents ; and the total assessment re- mained, according to the evidence we possess, at approximately the same amount up to the end of the 4th century.^ Boeckh, arguing from the consideration that the total amount of the property of the Athenians at that date must be estimated at between 30 and 40 was first effected in the 5th cent., and Poll. 8, 130 refers to the adjustment of the old census classes to the coinage system current in the 5th cent. 1 Cf. the epigram of Anthemion in Arist. 7, 4 ; Poll. 8, 131, a man who was promoted from the Thetes to the class of Hippeis. 2 The account given in the text is attested in the case of the Metoicoi by two passages in Isocr. 17, a speech delivered not later than 392 b.c, and therefore "before the assessment under Nausinicos. See Blass, ait. Bereds.^ 2, 210. Isocr. 17, 49 : Tbv airbv U tovtov d-rreypaxf/aTO (Uaaicou) fj^v iv roTs Tifirifiaa-Lv ets, as a term found in Lysias ; eiriypaipias robs Kade- (TTTjKbTas iirl tu) ypdcpeiu, birbcrov dipeiv ttju elacpopdv means that for an estate worth 15 talents the Eisphora was assessed on 3 talents. " The guardians considered 3 talents to be the proper Eisphora for my estate." Though 14 tal. would increase to more than three times that sum in 10 yrs. (Dem. 27, 59), still a maximum Eisphora of ^ the entire estate for the first class seems a monstrous amount to our ideas ; but it may 367 Gilbert 1. 348-9.] Athens, [Gilbert II. 412-3. archonship seems to have been carried out as before : individuals liable to Eisphora, and also corporations holding property, sent in returns estimated by themselves ; these returns were then accepted or corrected by a special assessment-committee.^ I do not think it probable that re-assessments took place at fixed or regular intervals ; it is more likely that revisions of the assessment were instituted only on extraordinary occasions by special decree of the Ecclesia. Yet there must have been some method by which a person who had suffered losses and consequently found himself assessed too high could get his assessment altered.^ The citizens liable to be taxed were classified into a number of Symmories, each headed by a yyeijuov, who was the richest man in s mm li *^® Symmory, and each representing an approximately equal part of the entire wealth of the State. The 300 richest men formed the first assessment class.^ It was the duty seem credible when we remember the high rate of interest yielded by capital and the great sacrifices demanded from rich citizens in ancient Athens, especially if the tax actually levied never reached the theoretical maximum. Demosthenes in the 10 yrs. of his minority paid 18 minae as Eisphora : 27, 37. There were maximum and minimum limits in the case of ^TTtSoVets also : C.I.A., II. 334. In Eerm. 22, 218, 3 v. Wilamowitz calls attention to a similar system in force in Mecklenburg. Enquiries made on the spot have shown that in that State in the case of the Landessteuer, a tax assessed according to income and property, on many occasions not the full amount but only § or f of it is levied. ^ Cf. Is. 7, 39 : Kal fxrjv koI avrbs ^AiroXkodiopos ovx io(nrep JIpovdTrrjs aveypd\}/aTo fji^ rifjL'rj/j.a fjuKpov—a, passage which may very well refer to the assessment of Nausinicos. For the chronology of the speech see Schomann, p. 352 if. For individuals making their own assessment returns cf. also Dem. 27, 7 ; 29, 59. Eisphora from property held by corporations: C.I.A., II. 600, 1055, 1058, 1059, and see also Bull. 15, 211. We are justified in supposing that there was an assessment-committee by the fact that there was such a committee before Nausinicos's year. To this committee 1 refer the ehcpopav ela^epeiv in C.I. A., II. 86. Any one who tried to avoid being assessed probably had his property confiscated. Kohler regards the fragmentary list of names in C.I.A., II. 779, under the heading : (r)a5' iirpdOrj dS{d(pr)) . . . dTifirjTa 6vTa, as a list of such confiscations. 2 Such a revision of assessments by decree of the Ecclesia is attested by Suid. dvaaOvra^is' rd diayeypapLfieva Tifi-^fiara ra'is cvfi/jiopLais drav do^rj t^ Sy^jxi^p XPii^f-v Trpo(Tdr]K'q$ ^ dcpaip^creojs Kal eXojPTai roiis toOto Trpd^ovras, tovto dvacivra^LV KaXovcriv. It must have been possible to obtain a modification of the assess- ment even without a general re-assessment, not only in the case of the 300 vpoeiacpipovTes, (Dem.) 42, 5, but for the other persons assessed as well. » I agree with Lipsius in the Jahrb. f. cl. Phil., 1878, p. 294 ff., that the Symmories included all persons liable to the tax, not merely the 1,200 richest. The 1,200 formed the trierarchic Symmories. This view is con- 368 GiLBEHT I. 349-50.] The Symmory- System. [Gilbert II. 413-4. of the Strategoi to distribute the citizens liable to be taxed among the various Symmories.^ When an Eisphora had been ordered by decree of the Ecclesia, the sum specified in the decree was first apportioned out among the various Symmories. Each Symmory then ^^^^^ode of lery- up a list in which the payments to be demanded from ingthe the members of the Symmory were calculated accord- ^^ ing to the assessment of each.^ According to these lists the Eisphora was collected from the citizens ; and for some time after the archonship of Nausinicos this was done directly by the State.^ firmed by the fact that Philochor. discussed the institution of the Sym- mories in Nausinicos' year in book 5 (cf. Harp, a-v/x/xopia), but did not mention the 1,200 till Book 6 (cf . Harp. x^Xioi diaKdaioi) ; and also that there is no trace of the 1,200 previous to the time when the Symmory-system was applied to the Trierarchy. Direct evidence against the existence of the 1,200 before that time is supplied by Dem. 21, 155, who tells of the creation of the trierarchic Symmories in the words : Sre ■ irpCiTov fx^v diaKoaiovs Kal XiX^ovs ireiroL-qKaTe avvreXels v/xeis. This hypothesis also gets rid of the strange peculiarity of the system as represented by Boeckh, Publ. Econ., 1, 684 ff., viz. that all citizens liable paid the tax, but all were not members of the Symmories. Dem. 1, 20 ; 2, 31 shows that all had to pay. Demosthenes was TTYefjiijjv a-vfifiopias during the ten years of his minority : Dem. 28, 4 ; 21, 157. Harp. TjyenCbv avfifxaplas. Ace. to Is. 6, 60 delivered 364/3 b.c. (SchO- mann, p. 322), ol rpiaKocnoi must have formed the first assessment class long before that. It does not necessarily follow from Dem. 14, 16. 17. that there were 20 Symmories for the Eisphora, for that passage refers to the trier- archic Symmories. i Dem. 39, 8. 2 Each Symmory kept a list of the assessments of its members. Cf. Lex. Seguer. 236, 9 : didypa/xfia rb avvTifirjfxa rijs oiaias biaypafxixa iKokelTO, iv gJ evey^ypaTTTo, ri ^Kaaros ^x^'j ^ud Suid. dvaa^vra^LS ' rd diayeypafifi^ua TL/M-qfMaTa rats av/xfiopiaLs. The list of the various sums which had to be paid towards a particular Eisphora by the various members of the Symmory, was drawn up in each Symmory by the diaypacfye^s on the basis of the assessment-lists and was called 5idypa/MfMa. Cf. Harp, didypa/xfxa. 'Twepidrjs iv rtjj 7rp6s 'ETrtAcX^a. TO TaTrd/xevov iv rals (rv/M/xopiais, oirbaov '^Kaarov dvdpa €l^p€iv dei. iraTTeTo dk OX) rb avTO ttcLo'lv, dXXd xpos Tr]v TifM7}cri.v rrji oixriat. vepl toijtwv aacpiaTdTa. 8eS7i\(i}K€v'TTr€pL8r]s iv Ti^ Kara HoXve^iKTov irepl dLaypafifiaros. diaypacpeij^ fxivroi eariv 6 KadiaTdfxevos iv rats avfxixopLais iirl r€vs. Siaypd/xixaTa. Lex. Seguer. 241, 3 ; 236, 13. The double meaning of didypa/x/xa here assumed is not surprising. See Boeckh, Seeurk., 204. 8 Dem. 22, 54 ; 24, 166 ; Lys. 29, 9. When payments of Eisphora were made the accounts were kept by public slaves as dvTLypacpeis. Lex. Seguer. 197, 24 ; Dem. 22, 70/ 1. Ace. to Suid. iKXoyeis the Eisphora was paid to the itcXoyeis. Any one who failed to pay had his property confiscated. Cf. Suid. Tru)\r]Tr]s. Phot. iruA-qTOiL The Symmories of the Metoicoi had rajxiai. Poll. 8, 144. G.A. 369 B B Gilbert I. 350-1.] A tkens. [Gilbert II. 414-5. Not long after 362/1 B.C. a modification was introduced ; the 300 richest citizens were required to advance the entire amount of Eisphora decreed ; they then had to recover the amounts owing from other citizens according to the lists.^ This payment in ad- vance by the rich citizens was called Trpoeta-Kfiopa, and was so far regarded as a leiturgy, that Antidosis was applicable to it.^ The extraordinary indirect revenue of the State consisted in Extra- the rpi-qpap^^ia which private individuals had to per- ^^*^Srect^' f^^^- This term was still retained after Tetreremes revenues, and Penteremes were introduced. The Trierarchia could not be required again of the same person till two years had elapsed since he last served.^ It admitted of very few cases of Trierarchia. ^^^^P^ion. Originally one individual performed the duty by himself. In the course of the Peloponnesian war the wealth of individual citizens was much diminished, and two Trierarchs were allowed to join in equipping one vessel. Syntrier- ^^^ ^^^^ instance of this is in 405/4 B.C. The duty arcMa. might be performed for a whole year by one man acting for himself and his partner, or they might take it for six months each. Trierarchy and Syntrierarchy, according to the wealth of the persons called upon to serve, co-existed side by side after the conclusion of the Peloponnesian war, till the establishment of the trierarchic Symmories.* * For the change in the method of levying see Lipsius, ih., p. 297 if. The earliest mention of the Trpoeto-^ooci is in 362/ 1 B.C., when the Bouleutai were to draw up a list of citizens required to pay the irpo€L(T(popa for their demes- men: Dem. 50, 8. I conjecture that this method too was soon found awkward, and abandoned in favour of making the 300 richest citizens liable to pay the irpoeLacpopa, as was the case in (Dem.) 42, 25. The irpoeiff- (p^povres recovered the sums due from the poorer members : Dem. 50, 9. The irpo€L(r(popa is still found mentioned in inscriptions in the 3rd cent. : C.I.A., II. 380. 2 Cf. (Dem.) 42, 4. 5. The rules laid down for the other leiturgies— that none need serve two leiturgies at once, or the same leiturgy two years in succession — cannot have applied to the irpo€taopa, in spite of Dem. 50, '9. 3 Trierarchs of Triremes and Tetreremes : Seeurk., XVIIa. 18 ff. p. 563= C.I.A., II. 812a. 17 sq., of a rpiaKbPTopot: XlVa. 95 ff. p. 455=C.I.A., II. 809a, 91 sq. Trierarch of a Pentereme, Polyb. 16, 5, 1. See Boeckh, Seeurk., 167. For the whole of the account which follows I may refer once for all to the exhaustive investigations of Boeckh, Puhl. Econ., 1, 699 ff., Seeurk., 166 ff., though my account varies from his in many points. See also Thumser, de civ. Ath. munerib., p. 58 ff. * First instance of Syntrierarchia 405/4 b.c. : Isocr. 18, 59, 60. Lys. 32, OiLfiERT I. 351-2.] Trierarchies. [Gilbert II. 415-6. In 357/6 B.C. by the decree of Periandros the Symmory system already established for the purposes of the Eisphora was extended with some modifications to the Trierarchy also.^ The TrierarcMc 1,200 richest men in the Eisphora-Symmories were ^y°^^'^®^' classified into 20 trierarchic Symmories of 60 members each.* In this case again the classificatioQ must naturally have been so arranged that each Symmory represented an approximately equal part of the total assessed wealth of the whole 1,200; and accord- ingly the 300 mentioned above must have been distributed equally among the 20 Symmories.^ In these Symmories, as in those for Eisphora purposes, the richest members were i7y€/xov€5 ; there were also iTTifx^K-qTai of the Symmories. With these l-miiiX-qTai I should identify " the twenty," as they were called, who undertook in con- junction' with the Strategoi the apportionment of the trierarchic burdens among the members of the Symmories.* This theory of 24 supplies no definite data. One Syntrierarch relieves the othar at the end of 6 months : Dem. 50, 39. 68. For the existence of Trierarchy and Syntrierarchy side by side cf. Is. 5, 36, delivered about 390 B.c.,.(Schoraann on Is. p. 290 if.) : dXXd fxriv TpLripdpxv KaracrTad^VTcav oUt avrb^ iTpi'qpapx'r} ^s hv fKdrj iK rris av/xfjiopias iirl ttjv vavv : (Dem.) 47, 29. Thumser, de civ. Ath. munerih., p. 65 ff., explains the varying numbers of men in the Synteleiai, by supposing that the 1,200 were divided into various classes, and that for each class it was fixed how many partners should undertake a Trierarchy. ^ The abuses which had arisen in the distribution of the burdens within the Symmories are described by Dem. 18, 102 sqq.; 21, 155. When Dem. 18, 104 speaks of Synteleiai of 16 persons each for one Trierarchy, he can only refer to a time when the State needed very few ships, and when therefore large Synteleiai could be formed in the Symmories for each ship: for it is certain that the number of men in each Synteleia must have varied according to the size of the fleet to be equipped. In all probability during the whole period of the Symmories a number of ships had definite indi- viduals from among the Symmories assigned to them as Trierarchs, each Trierarch being the representative of a Synteleia ; and this was done even in time of peace when the ships were lying in dock. See Boeekh, Seeurk., p. 168. These Synteleiai may have consisted as a rule of 16 persons, and this is what Demosthenes contrasts with his own system, with rhetorical exaggeration. 2 For' the programme of reform in the Symmory-speech cf. Dem. 14, 16 sq. Boeekh, P. Econ., 1, 727 ff. ; Schaefer, Dem., 1\ 417 if. I agree with Scho- mann, decomit., 291, 20, and Schaefer, ih., 424, that this programme was not carried out. For the date of the reform Dem. actually carried out see Boeekh, Pm6. ^cow., 1, 741 if. Seeurk. 189 &. Schaefer, Z)em., 2^, 494. That Dem. then held the extraordinary office of ^TncrrdT-qt toO vavriKov is attested by ^sch. in Ctes. 222. 373 Gilbert I. 355-6.] Athens. [Gilbert II. 419-20. tically in proportion to his assessment : the equipment of two ships was fixed as the maximum leiturgy to be demanded from any one. Any one who did not possess sufficient wealth for a com- plete Trierarchy, had to give help to others in performing a Trierarchy in proportion to the wealth he did possess. Similarly in the case of those who had means more than sufficient for one Trierarchy but not enough for two ; they were required to take one Trierarchy by themselves, and in addition to contribute their fair share towards a second Trierarchy. No one was required to perform more than two Trierarchies at the same time.^ Not long after Demosthenes passed his law, ^schines effected some alteration of its provisions, but we are not informed to what . Modification extent the law was changed. At any rate the general of -fflscMnes. principles of Demosthenes' reform seem to have been retained in subsequent times.^ As concerns the nature of the services performed by the Trier- archs, the State supplied the Trierarch with the ships, and as a Extent of the g®^®^^^ ^'^l® with the apparatus belonging to it, and trierarcMc with the pay and ration-money for the crew. The Trierarch was then required to keep the ship and all its belongings in good condition and repair during the period of his Trierarchy. It need scarcely be said that any one could do more than this as a voluntary service if he chose.^ * Dem. 18, 102 sq. gives a general statement of the principle of his law. I reject as spurious the portion of a law inserted in Dem. 18, 106 (see Schaefer, Dem., 2*, 490, 3), mainly because according to § 104 the double Trierarchy seems to have been the highest burden imposed by the Demos- thenic law. The fact that the 300 richest citizens were especially affected by this law explains expressions like ^/o/io^erTjo-as Tre/jt rOiv TpLUKoaiwv in iEsch. in Ctes. 222, and iireiST] 8^ ravra KaTi5r] put out on kei7roTa$Lov ; but in practice this rule was seldom en- forced. ^ The Trierarchs were bound to return their ships to the State at the end of their time of service in proper condition, unless they could prove that the vessel had been rendered useless Returning the by the enemy or by storms. Anj question whether ^^^P- this was the case or not, was decided in the form of a diadicasia between the State and the Trierarch before a Heliastic court. If the Council decided in favour of the Trierarch, he had, as a rule, merely to restore the beak of the disabled vessel; if the verdict went against him, he had either to build a new ship and hand it over to the State, — the old ship, with the exception of the beak, remaining in his hands, — or else to return the old ship to the State, and pay in addition 5,000 drachmas for the building of But we may infer from Aristoph., Eq., 911 sqq., that at that date it was already customary for the State to supply the general apparatus as well. See Seeurk., 201 if. For later times cf . Dem. 21, 155 ; (Dem.) 47, 20 If. From the description in Dem. 50 of the voluntary trierarchic contributions of Apollodoros it may be seen that the Trierarch was not obliged to perform any services beyond what are given in the text ; though in the 4th cent, it was not very unusual for the Trierarch to supply also the pay of the vir7ipes. See Kirchholf, Ber. d. Berl. Ak., 1874, p. 105 if. Schomann, Jahrh. f. cl. Phil., 1876, p. 12 ff., attacked Kirchhoff's view, but without justification. Gilbert I. 358.] Jl^dge and Jury. [Gilbert II. 422-3. sentence.^ This hegemonia was generally the duty of the magis- trate, to whose province the subject of the charge belonged.^ Only in certain cases was the presidency held by special magis- trates, whose duties were strictly and entirely judicial. To this class of magistrate belonged the cto-aytoyetg, the StKao-ral Kara 8rJ/xovs and the vavroSt^at. The five cio-aywyeis were appointed by lot, each representing two tribes ; they presided at the c/x/^iyvot StVat, and seem to have had the hegemonia in cases arising out of the assessment of the allies for tribute.^ The judges of the Demes, ol Kara Srj/xovs StKao-rat', at first 30 in number, then, after the rule of the Thirty Tyrants, increased to 40, and so called ol TerrapaLKovTa^ were certainly ^^ ^^^^ appointed by lot in the fourth century. In earlier 8t|(i,ovs times they were circuit-judges, travelling over the Demes and giving judgment there ; in later times they apparently sat at Athens. Before their court were brought lawsuits about property, each case coming before the four judges belonging to the tribe of the defendant. Actions, involving sums not exceeding- 10 drachmas, they decided themselves ; actions involving greater amounts they brought before a Diaitetes, and, if the parties were not satisfied with his decision, before a Heliastic court.* 1 Meier2, p. 41 ff. 2 Meier2, p. 53 ff. ^ Arist. 52, 2 : K\rjpovv\i]v Tov (peiuyovTos diKd^ofres. Cf. Lys. 23, Harp. 6'rt, passages from which Lipsius 377 Gilbert I. 359-60.] Athens. [Gilbert II. 423-4. The vavToSUaL were in all probability instituted in tbe fifth century, when, during the first Athenian confederacy, many _, mercantile suits were brought to Athens for decision.^ That the vairroSt/cat, before whose tribunal the BUat ifiTTopiKol and the ypatfyr/ ^€»/ias came, only presided in these cases, and did not give the verdict, I believe we may assume on the strength of an extant inscription.^ As our authorities mention the vavToSiKai for the last time in B.C. 397, and in the fourth century, the Thesmothetai presided at commercial suits and at ypa(j>al ^evtas, we may reasonably conclude that the office of the vavToSi/cat was abolished soon after the beginning of the fourth century.^ vy As regards the judges, we have to distinguish at Athens between permanent judges, arbitrators,. and juries. The permanent judges were the Council of the Areo- pagus, composed of ex-Archons, and the Ephetai. The latter, in Meier ^ 90 had already deduced what Aristotle now proves. According to Dem. 37, 33, i] aUla Kai ra twv ^luluv belonged to the jurisdiction of the T€TTapa.KovTa. When Aristotle wrote, the diKT] aiKias belonged to the eia- aywyels. See Arist. 52, 2, the source of Harp. Kara 8-rifiovs diKaarai ; Poll. 8, 100 ; Suid. kutci drj/xovs diKaa-Tai ; Phot. TerrapaKovTa ; Lex. Seguer. 306, 15 sqq. The T€TTapdKovTa are mentioned in C.I.A., II. 349. Cf . Meier ^ 88 sqq., 643 sqq. ^ Mention of the vavTo5lKai in Aristophanes (Harp. vavTobUaL) in the Daitaleis^ in Cratinos (Schol. to Aristoph., Aves, 766), and in C.I.A., I. 29, \vhich, according to Kirchhoff, is not later than 444 b.c. The psephism from the collection of Crateros ap. Harp., in which they are mentioned, I agree v/ith Philippi, Beitr. z. e. Gesch. d. att. Burgerr., 40 sqq., in referring to the year 404/3. 2 They are styled dpxv or &pxoin-es in Harp., Poll. 8, 126, diKaarai in Hesych. vavrodlKat. Schomann, Verf. Ath., 47/8, on the strength of Lys. 17, 5: pvvl d^ XaxovTos ev t^j VapLrfKiibvL jmrjvi ol vavTodiKai ovk i^ediKaaav, takes them to be judges as well as presidents. That they were only presidents I con- clude from C.I.A., I. 29, lines 4, 5, where vavrodiKat and biKaaT-r^pLov are evidently distinguished. So Lipsius in Meier ^ 97. Cf . Lys. 17, 8, in which Toi)s dp^avras evidently means the same as toi>s vavroSiKas, though Baumstark, de curatorih. emporii et nautodicis, p. 71, 1827, understands the Thesmothetai by Tot's dp^avras. Their duties as judges in mercantile suits : Suid. vavroSUai dpXovT^s el(TL Toh vavKkfjpoLs diKdi^ovres Kal tols irepi t6 ifXTropLov ipya^ofx^voLS. Cf. Lex. Seguer. 283, 3. Hesych., s.v. For the ypaVTe% Ta{dTa), points to Heliasts as the judges. For the Ephetai, see p. 123-4. 2 For the interpreters of Divine Law I would refer the reader to Otf. Miiller, Eumen., 162 sqq., and Chr. Petersen in the 1st suppl. vol. of Phil., p. 155 fF. That they gave the prosecutor advice in murder cases is clear from Plato, Euthyphro, 4 ; (Dem.) 47, 68 sqq. See Petersen, p. 174 sqq. 3 On trials for homicide in heroic times cf .■ Philippi, d. Areojp. u. d. Eph., p. 4 ; for Sparta Xen., An., 4, 8, 25. 379 Gilbert I. 361-2.] Athens. Gilbert II. 425-6. own hands the regulation of vengeance for bloodshed it respected the right of sanctuary in so far that the three places of trial were connected with three sanctuaries.^ The most venerable tribunal at Athens for cases of bloodshed was 17 /SovXy rj ii 'Apciov vdyov or ev 'Apctitp Trayo), that is, the Council of, or on, the hill of the 'Apai, the goddesses of T| BoVATj "f] ic , Till' •Apeiovird-yov curse and vengeance, who had their sanctuary at the or Iv 'Apeiw foot of the hill.2 The precincts of the sanctuary of these goddesses were still a place of refuge in the fifth century,-^ and the murderer who took refuge there — when private vengeance for bloodshed was still permitted — escaped the venge- ance of man by surrendering himself to the vengeance of the goddesses. After the abolition of private vengeance, when the State took into its own hands the punishment of the murderer, it judged, so to say, as the representative of the goddesses of vengeance, keeping the court of homicide connected with the old sanctuary. Premeditated murder, premeditated wounding with intent to kill, arson, which was regarded as a crime against life and limb, and premeditated poisoning resulting in the death of the victim, were all within the jurisdiction of this court on the 1 KOhler in Herm., 6, 102 sqq., has justly insisted that the origin of all the Athenian courts for trying homicide is the right of sanctuar3\ ' Wachsmuth, d. St. Athen im AUerthum, 1, 428, considers the "Apetos wdyos to be the hill of cursing or expiation, and very properly denies any con- nexion between the murder-court on the Areopagus and the Ares-cult. The other explanations of the name are brought together in Philippi, ib., p. 8 sqq. But, I think, Wachsmuth cannot be right in connecting the origin of the name of the hill with Athena Apela, the only goddess who had a shrine on the hill (Pans. 1, 28, 5) ; it is rather connected with the Se/xj/a/, whose name, 'Apai, is found in ^sch., Eumen., 417. For the shrine of the 'LeixvaL cf. ^sch., Eumen., 804 sqq.; Schol. Eurip., Orest., 1650: (paa-l 8^, 'drt Koi iepbv o^TOS (6 'Opiarrjs) iv 'ApeLc{} Trdycp tQv deCJv (tCjv ^Vfji.evi5(x}p) idpijcraTO ; Schol. ^ Lucian III., p. 68 (Jacobitz) : aefxvas ^eas Tds"Epiv6as' tovtuv yap to iepbv TrK-rjaLov tov 'Apeiov irdyov. A connexion between the court on the Areopagus and the l^efivai is further shown in the oath taken before these goddesses (Dein. in Dem., 47), and in the sacrifice offered in their sanctuary by those acquitted (Pans. 1, 28, 6). Otfr. Mtiller, Eum.^ 154, had previously directed attention to this connexion. The derivation of the adjective (ipetos, from dpd, is no difficulty. 'Apeid is, without doubt, originally an adjectival derivative from dpd, accentuated like d5eX0et6s from d5eX06s; and the differently accentuated dpeios was introduced as the adjectival form after dpecd had become a substantive. ^ Cf. Arist., Tliesm., 224, with the Schol. : &(tv\ov yap elxov ol KaraXafifidvovTes rd iepd tQv 'EpiJ'uwv. 380 Gilbert I. 362-3.] Homicide- Coutts. [Gilbert II. 426-7. Areopagus.^ The penalties, which the court on the Areopag^s > imposed, were, in case of premeditated murder, death and confisca- tion of property ; for premeditated wounding with intent to kill, exile and confiscation ; for premeditated poisoning with intent to kill, probably either the penalty for murder or that for intentional wounding, according to the circumstances of the case.^ The second Athenian court for cases of bloodshed sat on the -^ east side of the city, outside the walls, at the Palladion, the old ^ sanctuary of Pallas.^ This court at the Palladion ^^ SiKaoT-fi- judged unpremeditated manslaughter, the crime of ptovTblirl instigating another to do bodily harm to a third per- * <=^ *?• son, whether with intent to kill or not, and the murder of a slave, a metic, or a foreigner.^ The punishments inflicted by the court 1 Of. the law in Dem. 23, 22 : SiKa^eiv 5^ ttjv ^ovKtjv ttjv iu 'Ape^y irdy({) dpfMaKa : Philippi 120. 3 Dem. 23, 71 : rb dLKaarripiov rb iirl IlaXXaStV- The legend of the origin of the court quoted from Cleidemos and Phanodemos in Suid. iiri XlaXXaStc^;. See Harp. Poll. 8, 118; Pans. 1, 28, 8/9; Philippi, 13 sqq. * Arist. 57, 3 : tuv 5' aKOvaiojv («c. (pbvuv) Kal ^ovXeOa-ecos Kdi.v oiKirrjv drroKTeivig TLs ^ fxiroiKov -^ ^evov oi i[Trl] U.a[X\]a8ii{}. Cf. Harp, iirl XlaXXaSiCfj and jSouXeiyorews, for which Isaios makes the court the Palladion, Deinarchos the Areopagus. Forchhammer brings arguments to shew that Deinarchos' statements are of little weight, and Philippi, 43 ff., agrees with him. What information we have about ^o^tXevats makes in favour of the Palladion, as Philippi shews, 29 sqq. His view is opposed by Lipsius, in Bursian'a Jahresber., 1878, pp. 289/90, and in Meier* 384 sqq., and by Heikel, die sogen. ^oijXeva-is in Mordproc, Helsingfors, 1886. Forchhammer, de Areopago, 30 ff., defines j3oi;Xeu(rt$ as the inception or origination of a plot to murder; W. Passow, 381 -£. Gilbert I. 363.] . Athens. [Gilbert II. 427-8. were : for unintentional manslaughter, exile without confiscation of property for a limited period until the murderer had propitiated the relatives of the murdered man, or, in case they would not relent, exile for a certain time, the length of which we do not know ; for inciting another, the same punishment as if the offen- der had himself committed the crime. ^ The third Athenian court for cases of bloodshed also sat outside I the walls, on the east side of the town, near the Delphinion, the rb SiKaoT-A- Sanctuary of Apollo Delphinios.^ This court tried piov Ti> lirl those who pleaded that the homicide which they had ****'^ **** committed was by law exempt from punishment.^ de crimine j8oi;Xei5(rews, Goett., 1886, will have it to be a murder committed by a man *' insidias machinatus quaslibet clandestinas consiliomagis quam vi aperta" (p. 17), while avrdx^tp in his view is a man who kills another " manifesta vi" (p. 12), or " cruenta caede " (p. 14). The erroneousness of this, as Thalheim has already noticed, Berl. phil. Wochenschr., 1887, p. 784, is evident from Plato, Laws, 9, 865b : eav 8^ avrdxeip fi^v, &kuv de diroKTeivri tis ?re/Jos 'erepov, elre Tip eavroO adofiari \f/i\ip etre opydvip ^ ^i\ei i) iribfiaTOS fj alrov d6T] ^ovXevaecjs. So Heikel, ibid. But now that we have the express statement of Aristotle himself, there can be no further doubt about it ; see also Plato, Laws, 9, 872. The Palladion is proved by Arist. to have been the court also for the trial of the murderer of a foreigner, a fact previously doubted by Philippi, 52 ff. ; Welsing, however, took the right view, de inquilinor. et peregrinor. ap. Athen. iudiciis, 48 sqq., Miinster, 1887. That the murder of a foreigner was punished differently to that of a citizen was inferred by Lipsius, in Bursiav^s Jahresber., 1878, p. 290, from Dem. 23, 89. Cf . the same writer in Meier ^ 379. Lex. Seguer. 194, 11 says : idv ixeroLKhv tls diroKTelv-g, (pvyijs fiovov KaTcSiKa^eTO' idv fxevToi daTov, ddvaTos 17 i^rj/xia. 1 Punishments for os dKo^fixios : C.I.A., I. 61 ; Dem. 23, 45. 72 ; see Philippi 114 sqq.; for ^ovXevcris: Andoc, de MysL, 94; without irpovoia to murder: Antiph., de Chor.,'7] with irpbvoia: Antiph., Accus. Venen., 27; Philippi 118 sqq. As to the punishment for the murder of a foreigner, we know that the murder of a metic was punished with banishment: Lex. Seguer. 194, 11. * Dem. 23, 74 sqq. : t6 diKaffT-^piov rb ivl AeX^tviV- Harp. iTrt AeX^ipLtp. The legend of the origin of the court in Paus. 1, 28, 10 ; Poll. 8, 119. See Philippi 15/6. ^ Arist. 57, 3 : ^dj' 5' d.Tro/cTcti'at fi^y tis bfxoXoy^, s vbfiovs, o\lov\ixoLX'^v \a^it)V i) iv iroKifxip dyvor\aas fj iy AdXip dyivvi^ofievos, TOv[Tif}] ewi AeXipLviip SiKd^ovaiv. Cf. Harp, ewl AeX>. cide in self-defence.* -^ If the prosecutor recognised the homicide as unpunishable, the court probably had simply to confirm this. But it would usually happen that the prosecutor brought a charge of premeditated murder, while the Basileus, accepting the defence of the accused that the case was one of justifiable homicide only, brought the case before the court at the Delphinion.^ As this defence might be rejected by the court, and the murder be pro- nounced premeditated and punishable, the court at the Delphinion must have had the power of passing sentence of death.^ The fourth court, " in Phreatto," sat in the Pirseus on the sea-^v/. shore, but was probably very seldom needed. It tried any man .'^ who was banished for an unintentional murder and ^-^ giKao-T'/i- was accused of an intentional murder or intentional ptov to kv wounding — whether before or during his exile is P^arTot. doubtful. As the exile was not allowed to enter the country, he conducted his defence from a ship before judges sitting on the shore. If he was found guilty, he incurred the penalty for the crime in question \ if he was acquitted, he returned into exile until his reconciliation with the relatives for the unpremeditated murder had been effected.'* /y' The fifth court, that at the Prytaneion, composed of the four P^ vXo/3a(TL\€L? under the presidency of the ^ao-cAeu?, ,.?) SiKao-x'^- had only a ceremonial importance. If a murder was P;:^^ t6 cttI IIpvTav€iu>. ^ That Draco enumerated the several cases in his laws is evident from Dem. 20, 158. Among the cases specified by Draco, Philippi 55 sqq. reckons those given in Dem. 23, 54 sqq. The correctness of their inclusion is partly confirmed by the psephism of b.c. 409/8 (C.I.A., I, 61), and by the formula frequent in the Orators: idv ns d/jLvvo/xevos dpxopra X'^'-P^^ olUkuv Kreivri, of which there are also traces in C.I.A., I. 61, line 33. Later the number of cases of diKaios (pbvoi was increased still further ; see Philippi 57 sqq. * Philippi 59 sqq. 3 Philippi 123 ff. * Dem. 23, 77 sqq. : t5 SiKaari^piov rb iv ^pearToT, from which Harp, it/ ^peaTToc is taken. Arist. 57, 3 says : idv 5i vyfiv, Cjv atSeais eariv, ai[Tiau ?XV diro]kTeivaL ij TpCxrai riva, roi/ry 5' iv ^pedrov SiKd^ovaiv. [6 5^ dToXo]7eiTai Tpoa-opfj.Ladfxevos iv irXolip. Cf. Poll. 8, 120 ; Hellad. in Phot., BiUioth., 535a, 28 ; Lex. Seguer. 311, 17 sqq. The legend of the origin of the court in Paus. 1, 28, 11. See Philippi 18/9. 383 GiLBEKT I. b64-5.] Athens. [Gix^bert II. 430-431. committed, and the murderer could not be discovered, then this court pronounced sentence upon him, and condemned the tools that had been employed in the murder; it also tried and con- victed inanimate objects that had fallen and caused the death of a human being. These were then thrown by the Phylobasileis beyond the frontier.* In early times, none but the relatives of the murdered man were entitled to vengeance ; similarly, in historic times, the right to Right to prosecute for murder was restricted to certain persons. prosecute a Such a prosecution could only be instituted by the murderer. ^ j man himself, if wounded, or if death followed, by his relatives ; and the law directed that notice of the charge was to be given to the murderer, and the accusation brought before the Basileus by the sons, brothers and sisters, or nephews and nieces, of the murdered man, and that they were to be assisted in the prosecution of the murderer by his cousins and their sons, his relatives by marriage, sons-in-law, father-in-law, and Phrateres.^ For slaves the master, for metics the Trpoo-rttTTy?, had to prosecute.^ ^ Dem. 23, 76 : rh BiKacrT'^pLov t6 iirl UpvTaveicf}. — toOto 5' iarivj iav \l6o$ fj ^i\ov i) aid7]pos ij tl toiovtov ifxireabv Trard^r] Kai rbv fxh ^aXSvra dyvorj rts, avrb 5' eiSy Kai ^XV "^^ '^oj' (f>ovQv dpyaafi^vov, tovtois ivravda Xayxdverai. From this are derived Harp, iwi UpvTaveii^, Poll. 8, 120 : 5i/cdfei irepl tCjp diroKTeLvdvTiav^ kSlv Cbaiv dcpaveTs, Kai irepl tQv dxpix^^v tQv ifnreadvrcov Kai diroKTeLvdvrwv, The addition ifpoeLar-qKeffav dk tovtov toO dLKaarTjpiov ^uXo/Sao-tXecs, ovs ^5ei rb ifxireabv d.\pvxov vTepopiaai (see also Paus. 6, 11, 6) is set right by Arist. 57, 4 : 6'roi' 5^ [/*]?; e[t5]i7 rbu TTOLTjcravTa, Tip dpdaravrt XayxducL, SiKd^ei 5' 6 /3acrtXei>s Kai ol s 5^ dpyoi'is \idov$ is dyei rtyl ivi.ii<>}v XaSovres oi rerrapd- icovra 8iave/j.ovLcr^'r)Tovpras Stainjras els b'lKrjv eKdarrju (Miiller's read- ing for the diaLTTjTeis 5^/ca ^ttj of the MSS.) Xafx^dveiv 5t6 Kal ^kcito v6/j.os fi^ elcrdyeadai diKrjv, el jxr] irpbTepov i^eracrdeLr] Trap'' avrocs rb irpdyixa. See too Poll. 8, 126. Arist. 53, 1. 2 describes the procedure that was usual in the suits tried by the Deme-judges : ra 5' virkp tovto rb rifjLrjfia (10 drachmas) rot's 5tatr7/rats irapadLdbacriv. (53, 5 he says : rb 5^ reXevralov twv iiruvO/xoji' Xa^ovres oi Terra- Gilbert 1. 371-2.] , Athens. [Gilbert II. 437-8. / There were two legal remedies against the verdict. If the sentence had been pronounced in default and if the defaulter maintained that the verdict in default had been given although he was innocent, he might bring a motion to quash the verdict, which was probably decided by another Diaitetes. If it were not a judg- ment in default, he might appeal to a Heliastic court. In the latter case the documents prepared by the president were trans- ferred to the Heliastic court. ^ Against any proceedings of any individual Diaitetes an Eisange- lia could be brought before the whole body ; the defendant was free however to appeal from them to a Heliastic court. The penalty, if he was condemned, was Atimia.^ It does not appear p&Kovra 8iay^fjt,ovaiv€iv, to acquit is dTrodiairdv, to condemn KaTadiaLTciv. See also Hubert 42 sqq. Plaintiff and defendant each paid into court a irapda-Taais of one drachma : Poll. 8, 39. 127, and the same amount at each viru/jLoaia : Harp. Trapdaraacs. ^ For the quashing of a sentence see Lex. Cantabr. 673 in the preceding note; Poll. 8, 60; Lex. Seguer. 278, 29; Hubert 48 sqq. Cf. however Thaliieim in Procjr. v. Schneidemiihl, 1892, p. 5. sqq. Arist. 53, 2, describes the procedure in an appeal : dv d'' 6 'irepos icpy rlhv avTidiKuju eis rb bLKaar-qpiov ^ ifx^dXdpres rds fiapTvpias Kai rds irpoKX-rjcreLS /cat toi>s vdfxovs eis ixi-^ovs, xwpts fieu rds Tou 8nbK0VT0S, X^P'-^ ^^ '''"■^ "^^^ (j)ev'yovTos, Kal toOtovs KaTa(xr)p,r]vdfj.evoi Kal tt)v [ypC3](nv Tov dLairrjToO y^ypafxpLeptjp ip ypa/x/xaTeiip irpoaapTriaaPTes, irapadidoaaL rois d' Tois TT]P (pvXrjp rou (peuyopTos dLKa^ovai (these are ol ttjv (pvXrjp dLKd^opres in Arist. 58, 2, i.e. the four Deme-judges of the particular tribe ; see Arist. 53). ol S^ TrapaXa^oPTes eiadyovcrip els t6 diKaarripLOP, [rd fxkp ejj'xos X'^"*"' ^'5 ^va Kal diaKoaiovs, rd 5' virkp x'Xtcts eis ^pa Kal TerpaKoaiovs. ovk e^ecrfrt 5' o{j]t€ v6/j.oi,s oijTe TrpoKXrjaecn oiire fMaprvpiais dW r) rats irapd tov diaLTrjToO xPW^o,l rah els rods ixlvovs eix^e^Xyjixepais. See also Harp., 5tatT7;Tai = Suid., SiatxTjrats ; Poll. 8, 126/7 ; Hubert 46 sqq. ^ Arist. 53, 6 : ^ctip 8k Kal elaayyiXXeiP els rods StaiTTjTds, edp tis d8iKT}drj virb TOV StaLTTjTov^ K&p TLPos KaTaypQaip, aTip-ovadaL KeXeuovatP ol po/xol' ^(peats 5' iaTl Kal To&roLS. Harp., elaayyeXia makes the Eisangelia come irpbs tovs SiKaards. Bergk, i6., wished to read in Harp. StairTjrds instead of irpbs tovs Si/cacrrds, supposing the Eisangelia to be brought before the whole body of Diaitetai. This is confirmed by Arist. For an instance of such a proceeding he refers to Dem. 21, 83 ff. Frankel, d. att. Geschwarenger.^ p. 72, 4, and Hubert 51 ff. agree with him ; E,. Schoell, el\ovaiov5 TrpCjTOS e^ihpKLcyev. Qe6(l>paaTos 5' tV rots irepl vo/xojv 5r]\oi, ujs KareXiXvTO rb ^6os TovTo. Cf. Lex. Seguer. 443, 24; Suid. rfKiaaTTj^^ Poll. 8, 122, with the re- marks of Lipsius in Meier ^ 161, 29. That the Heliasts took the oath once only and not before each meeting of the court follows from Isocr. 18, 34. The oath is called 6 6pKos 6 rjXiaa-TLKSs : Hyper., Euxenipp., xlix. ; 6 ruiv T)Xias irepi tuiv ffv/ii^oXaiuiu tQv ^/MTTopLKcHu dLKa^ovras. 2 As a single dt-Kaa-Ti^pLou in. the fourth century still consisted of 500 members (Dem. 24, 9; Harp. r^Xtaia ; Poll. 8, 123), although in all prob- ability this was then only a theoretical number, we must suppose 500 to have been the number in the 5th century : to be retained afterwards as a fictitious number, it must have once had a real meaning. In the trial of Pericles there were 1,500 judges: Plut., Per., 32. The view that there were 10 Dicasteria of 500 each, and 1,000 substitutes, was first advanced by Matthiae, de iudiciis Atheniensium, in Miscell. phil., 1, p. 251, and adopted by Schomann, op. ac, 1, 200 fF. Schoell, in Ber. d. bayr. Ak., 1887, pp. 7/8, supposes that the several diKaarripia consisted of members of the same tribe. He does so on the strength of the following words in an inscription of the fifth century : (i)epo7roioi>(s S)^ o'lTLves i€poiroLr](Tova{i t7]v dvaiav dfdpas 5e/ca 8ia)KX7j{pu)craL) iK tCjv 8{iKa)v\as 5e/ca fiepr) oi diKaaral, 7rapa7rX[7;(r] iojs t(Toi iu €KdcrT({} Tip ypdfjL[iJLa]TL, sc. from. A to K as appears from the preceding words. This division, as Aristoph., EccL, 680 fF., shews, was already in use in the year that the Ecclesiazusai was brought out. The normal figure for the sectional diKaaTT^pia was still 500 in Demosthenes' day: Dem. 24, 9. That individual Heliasts were members of several sections is inferred by Frankel, 96 sqq., from Arist., Plut, 1166/7 : ovk ^tos dirauTes ol diKa^ovTes Band "Lire^bovaLv ev iroWoh yeypdcpduL ypdfi/xaacv, where, as Frankel shews, there evidently can be no question of any merely fraudulent practice, however common. 2 Bribery first practised by Anytos, Arist. 27, 5 ; Diod. 13, 64. The new method of drawing the jurors and the courts by lot is parodied in Arist., Eccles., 676 ff. ; see Schomann, op. ac, 1, 215 sqq. Praxagora wishes to* draw for the various sections from the whole body of Athenians : Kara arricraaa Trap' 'Ap/xoSi'y (sc. rd KXTjpajTrjpLo) Kkripihcro} irdvTas, ews dv Ei'Swj 6 \ax^v diriri xai-poiy €v 6woi({} ypdixfiaTi denrveT. The judges are chosen by lot from those that have made application at the beginning of the year. Then Praxagora wishes to 395 Gilbert I. 375-7.] Athens. [Gilbert II. 444-5. Aristotle's account of the arrangements in his own day shews that the method of drawing Heliasts for the several courts was Arrange- subsequently made much more complicated — probably Aristotle's with the object of preventing bribery as far as possible. day. The division of the jurors into 10 sections was retained, but apparently no special regard was paid to this division at the drawing.^ There were at that time, it appears, 10 courts, with differently coloured lintels.^ As to the names of courts, we hear of SiKacrTT^pLov T/atyoovov, Trapd/SvcrTov, fxicrov^ /aet^ov, Kaivov, to irpooivLKLOvVj to Mryrt^^ou, to KdWiov. But cases were tried also in the Odeion and in the CTTOa TTOLKcXr].^ make proclamation by the herald what places the various sections are to go to for their meals : /cat KTjpij^ec rods iK rod jStjt' eirl tt)v aroiav aKoXovdeiv Tt]v ^affiXeiov 5enrvfj(TovTar to 8k diJT'' els rrfv irapa TaiT-qv, Toi>s 5' ^/c rod Kciinr'' is ttiv aroiav x^P^^f '''W d\(pLT6Tru}\iv. That the courts were assigned to the sections by sortition follows from Blepyros' objection : Src^ 8k rd ypdixfia Mt) '^eXKvcrdy, Kad'' 8 8eLTrv'qv\ds 8iKa /xiprj oi 8LKa(XTai, TrapaTr\[ri(T\i(as laoi eu CKaaTi^ rt^ ypd/xfiart. The account of the drawing that follows shews that at it no regard was paid to the sections. * I obtain the number of the courts from a comparison of ^repa Ki^dinla 8iKa, els A ej/i/SaXXerai tCov Xaxdvrwv 8iKa(TTQv rd irLvaKia in Arist. 63, 2, with col. 31, 29 if., as to which something will be said further on. In favour of the number 10 we have also the testimony — decidedly dubious, it is true — of the Schol. on Arist., PluL, 277. For the different colour of the courts see Arist., col. 32, 8 sqq.: [rots yap St/cacrrT/p] tots x/)u)[/Lt]a iirLyiypairT\aL e/cao-ry] eirl Tip o-07/[/c]^(r/cv r^s eiV65oy. So in the quotation from Aristot. in the Schol. to Aristoph., PluL, 278. For the meaning of a-(f>7jKlcrKos see Wachsmuth 2, 1, 382, 2. I have followed Boeckh, kl. Schr., 7, 478 sqq., in the text. * That most of the courts of justice were situated near the market is an Gilbert I. 374-8.] The Dicasteries. [Gilbert II. 415-6. • Every morning those Heliasts who were prepared to administer justice on that day assembled in the market-place, before the place where the drawing took place, provided with their j^^^^ ^^ juror's tokens of boxwood, on which were inscribed their making up own name, their father's name, that of their Deme, and the letter of their section.^ The place where the drawing of the juries took place was called KkrjpuiT^pLov, or, as each tribe had its own division, perhaps also Kkrjpfjyrrjpia ; it was, perhaps, the same as the great court called 'HAtata. It had ten entrances, one for each tribe, leading into the compartments of the several tribes. In each compartment there were 2 KXrjpwT-rjpLa^ 10 kl^wtlu, with the letters A to K on them, 10 others with the letters A to Y, and 2 inference from Isocr. 7, 54 ; Lys. 19. 55. But there was also one irpbs rots reixioLs : Arist., Wasps, 1109 ; and others in the street of the Hermoglypheis : Plut., de gen. Socr., c. 10. Perhaps several of the following names denote the same place: rpiyupov : Poll. 8, 121; Paus. 1, 28, 8; Schol. on Arist., Wasps, 120 ; Harp., s.v. ; Trapd^varov : Poll. ; Paus. ; Schol. Arist. ; Harp. Phot., s.v. ; Lex. Seguer. 292, 24 ; C.I. A., II. 822; fxiaov. Poll. ; Schd. Arist.; fxeH^ov : Poll.; Kaivbv : Arist., Wasps, V10\ SiKacrTripLov irpbs rois reixl^oi-s: Arist., Wasps, 1109 ; ^arpaxiovv : Paus. ; (poivlKiovv : Paus. ; rb MtjtLxov : Paus. 8, 1, 21; Lex. Seguer. 309, 17; rb KdXKtov : Poll.; Phot., s.v. Trial in the Odeion: Arist., Wasps, 1109; in the (ttool TroiKiKr] : C.I.A., II. 778. Por the various courts of justice compare Meier ^ 172 sqq. 1 The drawing took place in front of the Dicasteries, most of which abutted on the market-place : Isocr. 7, 54 inel vvv ye ris ovk hv iirl rols yiyvofievois tQv ed (ppopo^/PTiov aXyrjaeiev, Srav i8y 7ro\Xoi>s tCjv ttoXctQv avrods fx^v irepl Twv dvayKaiwu, eW ^^ovcriv etre jxi], irpb tQv SiKaaTriplwv KXrjpovfievovs ', the market is referred to as the place where the drawing took place by Eubulos, in the Olhia in Athen., 14, 640b, where we read : iv t(^ yap aur^ Trdvd' ofxov TTwXiqa-eTai 'Ev rais 'M-qvais, and then, besides other articles for sale, KXrjpooTrjpLa are mentioned. Cf. Wachsmuth 2, 1, 382. All the Dicasts assembled in order to be drawn (Dem.) 25, 27 : dW vfieTs avrol irdvTuv Apri Kkt^poviihuiv 'Mrjvaiwv (sc. those who had taken the jurors' oath) Kal irdvTuv eC oIS' 6rt liovXofihwv els touto Xax^^v rb 5LKa(rT7]piop, ixbvoi. diKd^ed'' ijfup. 8cd tL ; 6ti iXdxere, etr' dTr€KX7]pivd7)T€. ravra dk ol pS/xoi Xiyovaip. For the tokens of the Heliasts cf. Arist. 63, 4 : ^x" ^^ ^kclcttos (Jiy St/cacrTTjs trwdKiop Tr^^LPOP^ iiriyeypafjLfx^pop rb 6po/j.a rb eavrov irarpodep /cat rod dri/jLov /cat ypdfji.[iua] ^p tCop (XToixeiup fx^XP'- toO k. See also Hesych. xo.X'coDj' iripdKi-op; Schol. Arist. ^ Plut., 277. As the official tokens were made of boxwood, we must suppose that the bronze tokens of this kind which have been found were ornamental ones, which enthusiastic Heliasts had made for them, to carry with them to their graves. They have been discussed by C. Curtius, in N. Rh. Mus., 3, 283 sqq. ; Klein, in Jahrh. d. Vereins v. Alterthumsfreunden im Rheinl., 58, p. 57 sqq., 1876 ; Girard, in Bull., 2, 1878, p. 524 sqq. ; E-ayet in Annuaire de Vassociation pour V encourageiaent des etudes Grecques, 12, p. 201 sqq. They are now col- lected in C.I. A., II. 875-940; Bull., 7, 32 sqq.; 'E0. dpx-, 1883, 105 sqq., 1887, 53/4. 397 Gilbert I. 376.] Athens. [Gilbert II. 446-7. vSpiat.^ The nine Archons, with the secretary to the Thesmothetai, had to draw the juries, each drawing for one tribe in one of the compartments of the hall. Before the drawing began a letter from A onwards was drawn for by the Thesmothetai (whose duty it was to arrange all matters relating to the judicature) to be given to each of the courts that were that day to be used. These courts were already fixed upon, as it was known what magistrates were to be sitting on that day. In this way if, for instance, trials had to be held in five courts, the letters A to O, representing the five courts that were to be constituted, had to be drawn for. The letter, drawn for each court, was fixed up by a servant of the Thesmothetai, probably over the entrance to the court. ^ Next the Thesmothetai appor- ^ The Kkf^puT-qpiov is the name given to the place by C.I. A., II. 441, and by Aristophanes ap. Poll., 10, 61. The plural occurs in Lex. Seguer. 47, 13 ; KXrjpwTTjpia' ^vda KXripovvrai. oi diKaaral. The plural is either because each tribe had its own KXrjpcor-^pLov — Arist., col. 31, 17 : 6 ^pxwj/ rrjv v\r} eKaarri, koI acXt; [pwri^/Jta] etKOcri, 8[iJo] rrj (pvKrj eKdaTTj, Kat Kipdina (Karbv, 8iKa rrj v\rj eKaarrj, Kai ^repa Kt^(VTi[a 5e/ca, els & i]/Ji.paK\eTai tQ>v Xaxovruv 8iKacrTuiv ra iripaKLa, Kal vdplaL 56o. This description refers to the hall where the drawing took place, as appears from the account of the drawing in col. 31. The awkward [ra] St/cao-r [T^jpta in Arist. may perhaps be taken to mean the 'HXtatct, i.e., the place (see p. 393^) where several sectional SLKaar-qpia regularly assembled, and where, perhaps, all of them met under certain circumstances ; otherwise biKaar-fipia must be changed into KK-qpwTrj- pia. The preceding [K]\T]p[ov(riv] is sufficient to prepare the way for thig mention of KXrjpcoT-^pia ; and the alteration of KkrjpwT'fjpia into SiKaffT-^pia in the MS. may be explained by supposing that the copyist ignorantly objected to the first KXrjpcoTTipta on account of the following Kal KX-qpcaTTjpLa eUoffi, and so substituted BiKaaTijpia for it from the clause before. For the letters on the different Ki^dyria see below. * Arist. 63, 1: rd 8^ SiKaa-rripia [K]\7)p[ova-iv] ol & Apxovres Karh v\as,o 8^ ypafxfiareds tGjv 6e(rfio[deTu)v ttjs] SeKdrrjS (pvXrjs. In C.I. A., 5676, it is said of Phyleus, the priest of Asclepios, appointed by lot, who is supposed to have been a Thesmothetes in the year in which the document was drawn up : iirifieXelTai 8^ Kal ttjs KXTjpdbaecas tCop SiKaa-Ttjpluv. The drawing of letters, from A onwards, to be attached to the courts that were to be used on the par- ticular day, is described by Arist. 63, 5 in these words : iireiSdp 8^ 6 decrfioder-qs iinKXrjpiba-rj to. yp[dfJi]fiaTa, Si. 8e2 irpoaTrapaTideadai Tots 8cKaaT7}pLOLS, kiridTjKe oLVLKLovv were to sit, and the former had been allotted the letter A and the latter M, and the first was to have 200, the latter 400 jurymen, then 200 green batons, and 400 red, 200 acorns marked A and 400 marked M had to be apportioned. Probably the batons and acorns were divided among the compartments in proportion to the number of jurors coming from the several tribes. The batons were deposited at the entrance to the ten compartments, and the acorns in one of the two hydriai placed in each compartment.^ Then the drawing began. The jurors from the various tribes were drawn for in different compartments. The sortition was done by the nine Archons, the tenth tribe being drawn for by the Secretary to the Thesmothetai. According to Aristotle's account (which however is by no means complete), the sortition proceeded in some such way as this. Inside each compartment there were 10 KtySwrta, each marked with one of the first ten letters of the alphabet. Every Heliast, who was prepared to serve on the particular day, de- posited his juror's token in the Kt^wrtov, which had the same letter as was upon the token.^ Their tokens having been thus grouped in the several boxes, an attendant gave them a good shaking, and then the presiding official drew from each box one token. The ten Heliasts, whose tokens were drawn, had to assist in the rest of the sortition and were called ifjLirrJKTai. For what followed each KX-qpinTrjpiov required 10 KavovtSe?. Each of these, like the boxes, was marked with one of the first ten letters. The ^jxirrfKr-qf; fastened the tokens that were drawn out from his kl/3mtlov in the KavovU that bore the same letter as the kl^mtlov. We must ^ Arist. 63, 2: Kal ^aKTrjpiat TraparideuTaL Kara tt)v e[tv]\'fiu. ^7r[i]7^[7/)a7rrat 5']e7r' ai^rcDv TO. (r[Tot]xera fiixP'- '■o[i' k. iTr]€L5dv 5' ifx^dXwaiv oi 8LKaaT[ai] T[d TrcvdJKLa els rb kl^u)tl[ov]^ i(f) o5 B,v 7] iirt[yeypa]fXfJL^vov to ypd/j.[fjt.a] rb airb^ 8ir{e]p eTr[l ry] TTLvaKLip earlv. These are the 10 kl^Jotio. which Arist. 63, 2 first informed us of. 399 Gilbert I. 376.] Athens. [Gilbert 11. 448-50. suppose these Kai/ovtSes to have been contrivances in which the tokens were set, as they were drawn, or (if they were perforated) on which they were strung ; so that they could only be removed again from the k(xvov\% in the reverse order.^ After twice as many tokens had been drawn (an equal number from each ki^wtiov) as the tribe had to supply jurors for the day, the presiding official placed one white and one black die for every five of the tokens drawn, in the second /cA-r/pwrTJ/otov, and then called the Heliasts of his tribe (who had until then been waiting at the entrance) into the allotment-hall. 2 Then the Archon drew the dice for his KX-qpuiTTjpiov^ whilst the ifXTrrJKTac for each die drawn took the five uppermost tokens from their KavovU, most probably taking their turn in. the order of the sections they had charge of from A to K. If the die was white, they put the tokens in the second unused vSpta, retaining them and afterwards restoring them to their owners if the die was black. When the drawing was finished, the Archon took the tokens one by one from the vSpta calling out the names written on them. The ifXTrrJKTau eo ipso were included in the jury-list for the day.^ The juryman, whose name was ^ Arist col. 31, 7 sqq. : d[7r6] tQ)v (TTOLX^i[wu diajcreiaavTOs tou {j[Trr)]p€Tov A/cet 6 [^ecr/Ao] ^^T7?s i^ €Kd •^s TO a\vTb ypdfi/xa ^irecrTLv, Sirep cttI tov [kl^wtLov. KkqpovTai 5'] o^to%^ tva fxi] del 6 auTos ivirirjyv^cju] KaKOVpyy. elal 5^ KavopiSes [5^/ca €]v CKdaTip tQp KXrjpojTrjlpicov]^ i.e. in the 10 compartments of the hall. Hesych. is hardly accurate: ifjt,ir-riKTT}$' 6 TO. diKacTTLKa ypafifiaTidia (for the ypdix/xara Sid of the M.S.) trapd TOV deap-od^TOV {6€(T/xo o5 rb avrb ypjd/xfia [6]'jrep iv Ty ^aXdvi^^ X[va dvayKlatov y ai>T(p [ejiaeXdeiu els r[6] €av[Tod diKaa] T'qpiov. edv yap [e]ls ^repov €l[$ Tapil{a)s rCop ttjs deov Kard top {v6)p.op. Arist. col. 37, 5 sqq., says : iireiSdp 5^ avToh y de8i.KacriJi.epa rd eK tQp v&ficop, diroXafM^dpova-iP TOf paaOop h rip fi^pei o5 ^Xaxop eKaaroi. These are the 8eKa pt^pr] mentioned in Arist. 63, 4 : so that the sections must have been paid separately. 2 That this, according to Athenian ideas, was indispensable in a Dicas- terion follows from such passages as Arist., Wa.sps, 389 sqq., 818 sqq., and is also attested by Eratosthenes ap. Harp: Avkos icrrip ijpios trpbs roh ip Ad-qrais StKaarrjpioLS, rod drjptov p-opcprjP ^X'»"'> ""/ods 8p oi So}po8oKOUPTes Kard S^Ka yiypbp.eP0L dpearp^cpopro, odep e'lprjraL Avkov 8^Kas. The meaning of AOkov 8eKas is uncertain. See Wachsmuth 2, 1, 376, 2. Lex. Cantabr. 672, 26: Avkos rjpois- iSpv/xipos odros fjp ip rois SiKaarri plots,

-qy7}crL's and €v8€6^ts. It seems to have €^"yTi' i^ Tifirjfia wpia-fi^vov iK tCov vbixwv oi> Kelrai, dXXot rods SiKaaras idet TLfx,dadai, 6tl xPV Tradeiv i) dTroTia(ris. prosecutor. Phaseis were brought against those who had injured the fiscal interests of the State, especially those who had contravened the laws relating to trade, the customs, and mining, and also against guardians who had either omitted alto- gether to invest their ward's fortune or had made a bad invest- ment.'^ The dTroypa(f>7] was an action for the confiscation of anything ^ in private hands, which was claimed as State-pro- perty The ela-ayyeXta and the Trpo/3o\r} have been discussed already.* The regular mode of procedure (which was pretty much the same in public and private suits) began with the summons Ordinarv i.'^poo'KXrjcrLs) of the defendant by the plaintiff, who was Process, commonly accompanied by two witnesses {KXrjTrjpe<;). The witnesses had to prove the summons in the court, Suuunoiis. before which the case was brought, in order that judgment might be given in default, if the accused failed to appear on the day named in the summons.^ 1 For details see Meier 2 270 ff., 776 ff. 2 Meier = 294 sqq. 3 Meier 2 302 sqq. ■* P. 304 ff. and 303 f . For two special kinds of elo-ayyeXia cf. Meier 2 332 ff. • Meier 2 769 sqq. 406 diro-ypa^)!!. ^ ^ GiMERT I. 382-3.] Regular Procedure in Suits. [Gilbert II. 457-8. The action was entered by handing in a statement of the accu- sation in writing to the magistrate who presided at Lodgment of trials of that particular class. *^® ^^*- If the suit was accepted by the competent magistrate, then the court-fees had to be paid. These were called -irpvrtxvda. in civil actions and were paid by both parties, but the loser had to return to the other what he had paid. The fees were 3 drachmas, if the amount in. dispute was from 100 to 1,000 drachmas, and 30 drachmas, if it exceeded 1,000 drachmas. In public actions only the prosecutor had to pay — whether in all cases is doubtful — and the fee was a small fixed sum, called Tra/DaoTTaort?, probably one drachma ; TrpvTavela were paid only when the prosecutor had a claim to part of the penalty which the defen- dant would have to pay if condemned. Lastly, in suits concerning inheritances, where the plaintiff tried to recover an inheritance which had already been taken possession of by another party, and in suits to recover property seized by the State, the plaintiff had to deposit the Trapa/cara/JoArJ, as it was termed, which in* the first case amounted to one-tenth, in the second to one-fifth of the property in dispute. This was not returned if the case were lost.^ After lodgment of the suit, the competent court fixed a day for the preliminary investigation (di/aKpto-ts), and during the interval the articles of the charge were published, sometimes preliminary in extenso, sometimes abridged.^ At this preliminary "^"^®^*^^^*^°^- investigation an oath was taken by both plaintiff and defendant. The plaintiff swore to the truth of his accusation, the defendant to that of his defence (which had at the same time to be sent in in writing).^ If the accused admitted that the institution of the action was formally and technically correct, the process was called evOvSiKia ; he was free however to enter special pleas or objections demurrers — Sta/xapruptat and TrapaypacftaL. In the SiafxapTvpta and witnesses for and against the legality of the suit were produced, and its admissibility was discussed. In the 7rapaypa(f)y the objection was not supported by witnesses ; recourse was had 1 See Boeckh, 1, 461 sqq. (Bk. 3, ch. 9), Meier 2 809 sqq. napdaraa-is for all public suits is assumed by Boeckh, 466 (Bk. 3, ch. 9). From Arist. 59, 3, this seems doubtful. See also Lipsius in Meier ^ 73/4, 813/4. 2 Meier 2 790 if. ; Wachsmuth 2, 1, 297, 2 ; 387 ff. 3 Meier 2 823 sqq. Philippi, d. Areop. u. d. Uph., 87 sqq., supposes that the plaintiff alone took the oath. 407 Gilbert I. 383-4] Athens. [Gilbkrt II. 458-9. to other means of proof. The accused was now the plaintiff and so had the right of speaking first. Both forms of objection h.ad to be decided before the original suit could be proceeded with. If the decision were in the defendant's favour, the main suit was either quashed as inadmissible or, at any rate, could not be prose- cuted in the way proposed or before the same court.^ The dvTLypa(f>r} or cross-action was different. The defendant would bring this against the plaintiff, and it might relate either to the subject of the original accusation or to any other subject. The verdict in the a.vTLypar} did not affect the issue of the original suit.^ In the preliminary examination laws, documents, depositions of witnesses or slaves, and affidavits could be produced as evidence. The laws bearing on the case were produced in copies ; Evidence. ^, , . •. ^i, w . ^. ' the documents, if they were public papers, m copies ; if private, the original was if possible produced. If the original was in the possession of the other party, he was challenged to produce it, that a copy of it might be taken ; if it was in the hands of a third person, he was required to give a copy of it certified by witnesses, and in case this was refused, a Slky) ek e/x<^avaiv KaTaa-Taa-Lv Could be instituted. The depositions of witnesses were either made before the presiding official himself and taken down in court, or if the witnesses were prevented through illness or other cause from appearing personally they might be sent in in writing. In such a case, their authenticity had to be certified by witnesses. Depositions by slaves were not accepted as evidence, unless made under torture. This examination by torture probably took place, in most cases, out of court in the presence of both parties, and the evidence thus extracted was certified by witnesses present ait the torture, and then added to the other documents in the case. The party interested in extracting a deposition from slaves used either to offer his own slaves for examination by torture or to challenge his opponent to produce his. It was not obligatory however for the party challenged to accept such a TTpoKXrja-Ls €ts pda-avov, but a refusal would create a presumption against his case. The oaths which the parties offered to take themselves, or were challenged to take by their opponents, were taken before the presiding magistrate and reduced to writing. If such a challenge were refused, this fact was likewise put down in 1 Meier 2 833 ff. « Meier » 857 sqq. 408 Gilbert I. 384-5.] Regular Procedure in Suits. [Gilbert II. 459-60. writing. At the close of the preliminary investigation, the docu- ments in civil cases were first sent on to a public Diaitetes to try amicable mediation. In all public cases, and in private suits when an appeal had been made from the decision of the Diaitetes, the presiding official sealed up the documents relating to the case in a vessel called cp^tvos and took charge of them until the case came into court.^ Not infrequently the trial was postponed for some time ; but in certain cases the suit had to be decided within a month ; such suits were consequently called hUai. t^iir^voi.^ The date * +«4 i of the trial might be postponed either by mutual agreement or in consequence of a motion for delay made by one party. This would be made on the day of the trial by the attor- neys or friends of the absent party, who had to shew cause under oath for his absence. Hence this motion was called vTrw^ocria. The other party to the suit could object to the adjournment of the case by an avOvTrw/xoa-ca, in which he impugned the validity of the reasons advanced to explain the absence of his opponent. If the motion for delay was refused by the court, and it was the accused who did not make his appearance, judgment went by default ; if the prosecutor failed to appear, the defendant was acquitted.^ At the trial the same official presided as had conducted the preliminary inquiry. To keep order, he had some Sky thai at his disposal. The proceedings were interrupted, if Scoo-rj- „». « • , fxtat occurred. They began with a solemn sacrifice, after which the bars of the court were closed.* Then followed the reading by the clerk of the accusation, and of the defendant's reply. After that the plaintiff first addressed the court, and the defendant followed. The law required every man to conduct his own case ; but it seldom happened that the Dicasts refused to give ^ ^ Meier ^ 865 ff. That the Diaitetai necessarily first heard private causes is proved by Lex. Cantabr. 673, /xrj odaa dUr]. Cf. Arist. 53 [where see Wyse in Sandys, p. 190]=Poll. 8, 126 ; Lipsius in Meier 2 1009 sqq. » For the 8iKai '^ixfi-qvoi cf. Arist. 52, 2. 3 ; Poll. 8, 63. 101 ; Harp. s.v. ; Lex. Seguer. 237, 33 ; Meier 2 907. The dUai ifiiropiKai had at one time not been f/xfjLrjvoL : (Dem.) 7, 12 ; cf. Xen., de VecL 8, 3. 3 Meier 906 sqq. * For dcoarjfiiai. see Poll. 8, 124. Skythai at the trial : Poll. 8, 131. That there was a sacrifice at the outset of the proceedings appears from Arist., Wasps, 860 fi"., which is evidently copied from the real courts. Closing of the bars after the sacrifice : Wasps, S91I2', ci. 77b. For the trial itself cf. Meier 2 917 ff. 409 GiLBEKT I. 385-6.] Athe7lS. [Gilbert 11. 460-1. either party permission for the appearance, after their own speeches, of one or more advocates ((ruvr/yopot). In many cases the first speeches were followed by a second speech and a second reply. The duration of the speeches was in some cases fixed by law and checked by a water-clock {KXeij/vSpa) : in other cases no limit was fixed. The defence of the accused was not unfrequently supported by the entreaties of his friends and relations.^ After the speeches were over, the votes of the jury were taken ; most likely this always was by ballot.^ The mode of voting in the „^ ^, fifth century differed from that in the fourth. In the The voting. *^ fifth century they voted with muscle shells, at first with real shells, later probably with artificial ones of bronze. I .Each juror received a shell, which he cast into one of two vessels placed one behind the other and probably covered over. By de- positing his shell in the front vessel, the juror declared himself in favour of acquittal ; by depositing it in the second, he voted for condemnation. If the penalty was not determined by law, a second vote was taken, after hearing the penalties proposed by both parties. Wax-tablets were used for this : by a long line on them the Dicast pronounced in favour of the plaintiffs proposal, by a short line for that of the defendant.'^ ^ Arist., Wasps, 894 sqq. Dem. 19, 213 shows that X6yoL varepoi were not allowed in all suits. 2 Our evidence of secret voting begins at a time subsequent to Eucleides: Lys. 12, 91 ; Dem. 19, 239 ; Lye. 146. But from the antithesis in Lys. 13, 37 : 5vo 8k Tpdire^ai iu T(p irpoadev rQ>v rpiaKOvra eKelcrdrjv • ttjv 8k \pT]0L that have been preserved cf. Vischer, Kl. Schr., 2, 288 ff. ; Wachsmuth in Arch. Anz., 1861, 223/4. 2 Arist., col. 36, 10 sqq.: eirecddu 5^ 5i.a\l/T]i^€[(rdai.] /u.iX[X]oi}opev<;, received the second ballot given to each juror. The juryman, taking the axis of the ballot with which he intended to vote between two fingers, so that no one could see whether it was perforated or not, approached the KvpLo^ a/j.cf>op€vs and dropped the ballot {Kvpia \l/7Jo<:) into the copper vessel through a slit just wide enough to admit it. He then dropped the other disc {aKvpos xJ/rj(f>oov<; €i\7])(6Te<;. The president then counted the votes — the perforated ballots for the plaintiff, those not perforated for the defendant. He then had the result given out by the herald. The party that received most votes was victorious, a tie counting in favour of the defendant.^ ^ Arist., col. 36, 3 sqq. : etV[i S'] dfJL(p[o]p€cs [5vo Kei]iJ.€voi iv r^ diKacrrrjpiii), 6 fxh x[a]X«:oDs, [6 U ^i^jXtj/os, dLaiperoi, [^Jttws [/a]-^ [rtvejs viro[^]d\\(Op[Tat y/ri(p]ovs, eis oOs yp-qipl^ovrai. ol 8LKaL(r-Tos ; dviardcOw. KdvicTairju iiri rots Krjfxocs "ifij^i^ofxhuj/ 6 TeXevraios. It seems likely that the batons were given up at the voting, because, when a second vote was necessary, the jurymen first received them back again. See the next note. For the counting of the ballots see Arist., col. 36, 22 sqq.: ol 8^ [TeTay]iJ.ho(, Xa^[6]vTes [Sv' v]Trr]piT[as rbv d]iJ.(popia rbv Kljpiop [iTra]id[/)i]s 5^ r&s Te[Tpvir]7]iJ.iva$. Kal d»'a[7o]pei;et 6 KT][pv^] rbv [dpt.d]fibv rCbv \f/7i[/co»']ros rds Terpvirrj/i^vas, rod d^ [€{iyovTos T]dCs irX-qpeis' biroTepifi d' [Slv irXeiuv 7]^f77[Tai, o5]tos vik^, hv dk [f rjfids, KaUaKOiv Terrdpuv red^vrcov Kara rbv v6/xop, et/corws, ol/xai, ol SiKaaral e^irar-qdrjaav Kal earaaiaaav dWriXois Kal irapaKpovadevres virb riji TrapatTKevrjs ixf/rjcpi^ovTO 6ti ^tvx^v ^KacTits. Kal at ^pijcpoL 6\Lyai.i trdvv eyivovro rXeiovSy ij rpiixiv ij TeTTapatu, iu tj rrjs iraTpidos, rds dk virkp das 6 rd^as rats TrjXecrLV toi)s Trpihrovs ^rei rplri^ fxera rrjv iv 'ZaXafuui vavfiax^av iirl TLijioad^vovs &PXOVTOS, Kal tovs 6pKovs &fxofievoL iba-wsp ol dWoL. It is im- possible to say what t6 KOLvbv ttjs may refer to in C.I. A., IV. 38a, a psephism dealing with conditions of tribute. s Thuc. 1, 114 : Diod. 12, 7 ; Plut., Per., 22, 23. 1,000 Athenian Cleruchs were sent to Hestiaia according to Diod. 12, 22 ; 2,000 according to Theop., fr. 164 in Miiller's/r. hist, gr., 1, 305. The treaty with Chalkis is preserved, 'C.I.A., IV. 27«. * Thuc. 1, 115. 116. 117; Diod. 12, 27. 28; Plut., Per., 24-28. H. Droysen, in Herm., 13, 566/7, doubts whether Samos became tributary. He supposes that part of the island was seized for Athenian Cleruchs. From C.I.A., I. 38 and Thuc. 7, 57 it appears that we must regard her as tributary, but the name of Samos has nob been found in the Tribute-Lists yet : Kohler, Urk. u. Unters., etc., p. 142, 1. Beloch, in N. Rh. Mus., 39, 36 ff., believes that the customs in Samos were collected wholly or in part for the Federal chest. With this he connects ra ix '^o-IJ-ov {xpv/J-aTa) in C.I.A., I. 188. 5 Thuc. 3, 50. 419 Gilbert I. 392-4.] Athens. [GiLnEux 11. 472-3. League left independent, Metbymna and the island of Chios, had to submit to Athenian encroachments on their independence.^ They remained faithful to Athens, however, till 412 B.C., when the League was broken ui^.- The members of the Athenian Confederacy were styled offi- cially o\ crvixixay(oi or ai TroXets ; they were also commonly known as Members of ^Tn/zcoot.^ They were divided into two classes — auto- tlie League— nomous and non-autonomous allies.* The autonomous how desig'- nated and allies had to furnish the Athenians with a specified c assifled. contingent of ships of war ready manned, but they were independent so far as their internal administration was con- cerned.^ The non-autonomous allies had to pay an annual tribute, and were subject to restrictions as to the character of their con- stitution and internal administration.^ The total amount of tribute which the tributary States had to furnish was at first 460 talents. Diminished for a time in some particulars, it was again raised to the same amount by the assessment of B.C. 439/8. It was not tiJl the fissessment of 425/4 that the tribute was raised to 1,200 talents, though even then only 800 to 900 talents a year were paid in reality.''' The tributary allies were subsequently divided into Tribute- ^ Thuc. 7, 57 : MiiGv/xvaioi. p.h vcval koL ov (popuj virriKooi. XEot ovx vToreXe^s cvT€S (fibpov^ vavs 5e irapixovres avrbi'op.oL ^vv^ctttovto. Cf. 6, 85. Prayers for the welfare of the Chians were offered at the public sacrifices in Athens : Arist., Av., 878 ff., and Sclwl. on 1. 880. In 425 u.c. the Chians pulled down their new walls on the order of the Athenians : Thuc. 4, 51. 2 Thuc. 8, 14. 22. 3 For the official title, see C.I. A., 1. 31. 37. 40 ; I. 9 has 17 'Mrjvaiwv ^v/xfiaxia. For their usual name, see Thuc. 7. 57 ; 6, 22. 43. 69. Cf. A. Frankel, de con- dicione, iure, iurudict. sociorum Atheniensium. Leipzig, 1878, p. 9if. ; Chris- tensen, de hire et condicione sccioriim Atlieniens. In Opusc. pJiilol. ad Mad- vigium a discijmlis missa, p. IfF., 1876. ^ Thuc. 7, 57 distinguishes a-uTGvofxoi and vTorekth (pLpov. This is not exact. Cf. ], 19; 3, 10 ; 6,85. ^ Thuc. 6, 85 says : Xtofs p-h koI 'MrjOvpivaiovs veCov irapoxv (or irapoKwxv as Stahl reads) avTov6pt,ovs ; 7, 57 : Xiol vavs irapixovres avTbvop.oL. MTjdvpvaloi. vavalv virrjKooi. Among the autonomous allies we find aristocracies or oligarchies, as at Samos (Thuc. 1, 115) and Mytilene (Thuc. 3, 27. 47) hefore their sub- jugation. On the limits of Federal autonomy, cf. Busolt, d. zweite ath. Bund in Suppl. vol. 7 of Jahrh.f. cl. Phil., p. 645 If. ^ Thuc. dwells only on their tributary position: 6, So ; 7, 57. But he makes the Mytilenpeans say 3, 10 : ol ^iV/«axot idovXudrjaav ttXtjv 7}p.Q}v koX XiW. 7 See p. 357.1 420 G I LUERT 1. 334-5.] Federal A dm in is t ration. [G i lbkrt II. 473-4. Districts, which, it appears, were also used as divisions for ad- ministrative purposes.^ These divisions form the Tribute basis of classification in the tribute-lists which have districts, been preserved to us from 446 B.C. onwards ; after 443 B.C. they are strictly observed, and the cities arranged under definite heads. Eive districts are given 6 'Iwvt/6po<;j o 'EWrja-TrovTcos ^opo'^^ o eTTt (*)pa.Krjo/)05, 6 KapcKo? <^Oj0O9, and 6 VYjcrLO)TLKu<; cf)6po6pos, KapLKos (popos, l^TjaMTLKos ^p€Lv. Cf. KChler, p. 127. 134. ^ C.LA., I. 37 : (Kard. rdSe ^Ta)^ev Top. 4>b{pov r^)(TL TroKeaiv i] {j3)ov\{r}) ij (n\)eicrrias Tr{pu)TOS iypaiJ,fx)d(Tev€ — t)7rt 2T/)aro/cX(eoi;s &)pxovTOS, iirl (tuj)i' (eo-)a7W7(^a>)j', oh Ka{—iypafjt,pdT€ve). That the Ecclesia had the final voice in the matter is proved by the first decree for Methone, C.I.A., L 40: 5L{a)x^i-pOTOvi]aai rbv 5rip.ov avrlKia irpbs M)€6(>}vaiovs etre (f>bpov 8ok€i TdrreLV rbv 5rjfio{v avTiK)a fidXa — . Heydemann has written against this, de senatu Aiheniensium in Diss. phil. Argentorat. sel., 4, 177, but I cannot agree with him. KOhler, p. 66 ff"., holds that the same formalities were observed in making the assessment as in passing a law : but Kohler himself admits in effect that this statement needs qualification, by expressing a doubt as to whether all the figures were examined by the coui't, and I cannot regard his view as correct. He is followed, however, by Schoell in Ber. d. hayr. Akad.f 1886, p. 127 ff., though Schoell does not share his doubts. Guirand, De la condition des allies pendant la premiere confederation Afhenienne, p. 44, Paris, 1883, conceives that the tribute was assessed by a psephism ; and it is true that the assessment was sanctioned by a psephism, for Crateros' \i/T,ipL(Tp.dTb3v avvaywyx] contained Tribute-Lists : see fr. 2, 12 in Mliller, fr. hist, gr., 2, 618. 622. Frankel, p. 43 ff., is substantially correct. In the second Athenian League, too, the estimate of the avvrd^ei-s was made by a psephism: (Dem.) 58, 37/8. ^ C.I.A., I. 37 : xf'po('''0'' — ^^rt Ta)s wbXeis 8vo (p,h iirt rdj iirl Qpg.K7js), S6o di iiirl 'lufiav, 8vo 5)^ iirl v{i](Tovs, 5vo di iirl 'E\\r](nr)ovTo{v). There can be no doubt that the riiKrai mentioned in C.I.A., I. 266 are h^re meant. 422 G iLHERT 1.396-7.] A dministration of the First League. [Gilbert II.476-7. Ecclesia, appear in the Tribute-Lists without any separate head- ing. These form the bulk of the allies. Cities that carried their own assessment in the Ecclesia as against the assessment of the Tct/crai are called ttoXcis avrat f^opov ra^afxevai} On the other hand, cities that were unsuccessful in their appeal to the Ecclesia against the rating of the Ta/crat, formed the class known as 7roA,ct9, as cra^av ol TctKTat.^ Just as it was allowable to move an amend- ment in the Ecclesia to any proposal of the Council, so it was open to any private citizen, when the Assessment was before the Ecclesia, to move an increase or a reduction for this or that allied city. If such a motion was accepted by the Ecclesia, the cities thus assessed were placed under the heading ttoAcis, as ol tStairat €Ta$ay or iviypaij/av (fiopov cfiipuv.^ As any member of the Ec- clesia might appeal to a Heliastic court against its resolutions by a ypas (popovs, ws IluiroXts (f>rjai.v iv HbXecnv. According to (Xen.) de Hep. Ath. 3, 2 it is one of the duties of the Council ^5pov di^aadac. ° So much may be inferred for certain from C.I. A., I. '68 fr. c. d. 424 Gilbert I. 398-9.] Federal Administration, [Gilbert II. 478-9. had €/bpov iyXi^ovres and towards the end: {s €K\oyias rod (pbpov diravra aTroy pacpo/xeOa. Suid. *.v., Lex. Seguer. 245, 33. Kohler 132/3 supposes that eKXoyels were first appointed B.C. 446, because, from that date onwards, there are but few and doubtful traces of arrears in the tribute-lists. Hence some new method of collecting the tribute must have been introduced at that time. The ships which convoyed the €K\oyeTs were called vijes dpyvpoXoyot, Thuc. 3, 19 5 4, 50. 75. There were no officials called dpyvpoXoyoi : Beitr.^ p. 67, 26. 2 This follows from C.I.A., IV. 38a. 3 Introduction of the eiKoarri in b.c. 413/2: Thuc. 7, 28; as to the motive for the change he says TrAe/w voixi^ovres h.v a(pLcn xP'JMara ovtu irpocnivaL, and so Beloch in N. Eh. Mns., 39, 43 if. ; according to Kohler, howev^ r, in Mi(th., 7, 316, it was because of the irregularity with which the tribute was paid. Another proof of the existence of the dKoarT) in the fifth century may be found in the fact that, when the Athenians were endeavouring to found a new confederacy at the beginning of the fourth century, they introduced an eiKoa-ry] at Clazomenai and Thasos, probably in 390/89 b.c. An Athenian psephism of 387/6 b.c. speaks of {vTr)oT€{\ovi')ras KXa^ofxeviovs TT]v eirl {Q)paav^ov\ov elKoarrju : Mitth. d. dtsch. arch. Inst, in Ath., 7, 174. An eUoaTT] in Thasos : ibid., 314. Even after b.c. 413/2 tribute was paid: Xen., Hell., ], 3, 9; C.I.A., I. 258; IV. 51. Muller-Strubing, ThuJcyd. Forsch., 30 if., following Grote, maintains that the new system of taxation was never extended to the whole League : but this does not prove that it was not introduced in a number of allied States ; Beitr., 285 sqq. The ei/cocrxTj is mentioned in Lex. Seguer. 185, 21. 425 Gilbert I. 399-400.] Athens, [Gilbert 11. 479-80. service, nor indeed had tliey any other duty to the League beyond Personal obli-^^® obligation to pay tribute.^ But when the League gation of the ^as converted into an Athenian Empire, and its ad- Alliesto ... . serve in time ministration conducted with greater strictness, a change of -war. ^^^1^ place in this respect, and more was exacted from the dependent States. At any rate during the Peloponnesian war, the allies were regularly drafted for military service.^ The allied cities had each to contribute a ram and a couple of sheep for the sacrifices at the Panathenaia. This was not required Tithes to as tribute ; it was a symbol of their relation to Athens, the gods. ^^^ ^]^Q Cleruchs had to make a like contribution.^ Similarly, the allies took part in the sacrificial festivities, and had to present to the Eleusiuian goddesses tbe same tribute of grain as did the Athenians : on every 100 medimnoi of barley a kKTcvs ^ap^dpovs dueipyopreSj oi>x tTnrou, ov vavUf ovx ottXIttjVj dWd xP'OP-^t^'- f^ovov TeKoTuvriav k.t.X., a passage taken, as Sauppe argues, Quellen d. Plut. ivi Leben d, Perikles, 26 ff., 1867, from the speech actually delivered by Pericles, and preserved by Ion of Chios in his 'ErrtOTj^tai. 2 Many instances of this are to be found in Thuc, as 4, 23. 42. 53. 54 ; 5, 2 ; 6, 43 ; 7, 17. 20. 57 ; C.I.A., I. 432. Thuc. 2, 9 says of the Athenian allies : to^tuv vavriKov irapelxovTO 'KIol, A^a^ioi, KepKupahi, oi 5' dWot Tre^oj' Kal XpviJ-oLTa. In the oath to be taken by the Chalkidians there occur the words : koI ry 5?j/iy r^ 'A9r]Paiu}v ^orjdricra} Kal dfivvQ, idv rts ddiKy rbv drj/xof rhv 'Adrjvaiujy, C.LA., IV. 27a ; cf. C.I.A., I. 40. And in the treaty with Selymbria we read : (Slv iTray)y^X\{iO(T)L' Adr]v{a?oL — K)aTdXoyov Kar — , referring to the right of conscription; C.I.A., IV. 61a. According to Busolt N. Ph. Mus., 37, 637 fF., allies who revolted were made liable to conscription after their reduction; cf. v. Wilamowitz-MOllendorf, in pidl. Unters., 1, 71 if.; his views have been challenged, however, on several points by Busolt, ibid. ; Guirand 39 fF. ; Giilde, d. Kriegsverf. d. ersten ait. Bundes, Progr. v. Neuhaldensleben, 1888. "'' C.I.A., I. 37 : /3o(0j' Kal — ) X( — dwdyeLU es naj'a^)7?j'ata rd fi^^yaXa) d-rrda-as. Cf. the treaty with the Erythraians: C.I. A., I. 9. For the Cleruchs cf. I. 31. * See the psephism of 440 b.c. in Dittenberger, Syll., 13 : drrdpxecrdaL dk Kal Toi>s x<^^l^l^<^Xov^ /f""^^ ravrd (sc. rois 'AdrjpaioLS, whose contribution was fixed before at what is stated in the text), rds 5^ ttoXcls (ey)X{o)y^as iXicrdai rod KapiroOjKadoTi du Sok^l avr^ai dpiara 6 Kapirbii) eyXey-qaecrdai. iweiddv 5k iyXex^JJi-, diroirefKfxrdvTUV 'Adrjvaj^e. Toi/s 8k dyaybvras Trapadidopai rots lepoxoioh rdis 'EXevaiyddey 'l^Xevaiydde. 426 Gilbert 1.400.] Administration of the First League. [GilbeutII.480-1. League was some species of democracy.^ As to the extent of their independence in matters of internal administration, no general statement is possible. We have seen the Government direction in which the constitution of the League i|/^*ijyeg developed, and have traced the progress of that de- velopment ; and we can feel how natural it consequently was that, as time went od, separate treaties with single States superseded the federal treaty perhaps originally concluded. The result was that Athens did not retain precisely the same rights over the allies as she originally possessed ; in some cases she gained more powers, in others she lost some of those formerly conceded to her.^ In Erythrai, for instance, the Atlienians regulated the constitution down to the smallest details. A psephism of the time of Kimon contains rules as to the number of Bouleutai there, the mode of appointing them, their Dokimasia and their age, the time to elapse between two ySovXctat, and the oath they were to take, the very words of which are prescribed. Not only did Athenian cTrto-KOTrot revise the Erythraian constitution in harmony with this psephism, but the Athenian (fipovpap^os continued lo exercise an immediate control over the administration; every year, assisted by the retir- ^ That a democratic constitution was the rule in the confederate cities follows from Thuc. 8, 43. 64. 65. The Lesbians, Cliians, and Samians were in a privileged position, for Arist. 24, 2 to say : to^tovs d^ ^vXaicas elxoj' rrjs apxv^ eCjvres rds re TroXire/as Trap' auTo7s Kal dpx^i-^ ^v '^tvxov dpxovres. It is quite incredible that oligarchical States, which revolted from Athens and were again subdued, should have had their oligarchies left intact. Hence we should not reject Diodorus' statement (12, 28) that a democracy was estab- lished in Samos after its subjugation in 439 b.c. (cf. Thuc. 1, 115). We may explain Thuc. 8, 21 by supposing that the democrats, who formed the government, proceeded against those of oligarchic sentiments. Similarly, there can be no doubt that a democracy was established in Chalkis 446 B.C., and the expulsion of the Hippobotai confirms this idea: Plut.jPer., 23; cf. Thuc. 6, 76. I mention this fact because it has been overlooked by Frankel, de condic. iure ivrisdict. soc. Ath., p. 23 ff. It is evidently an exceptional privilege when Athens guarantees to the Selymbrians, 4C9 b.c (ehai 5^ /caracr-^crat 27jXi»;u/3)ptaj'oi)s ttj/* woXiireiav — Tpoirt^) 5ry hv iiri(TTWvT[aC) : C.I.A., IV. 61a. Cf. Guirand 22 ff. ' This has very rightly been insisted on by H. Droysen in Herm., 13, 567. We should regard as separate treaties of this type the psephisms touching Erythrai; C LA., L 9, 10. 11; Colophon: L 13; Miletus: L 22a; whilst the psephism touching Chalkis, C.I.A., IV. 27a, seems to have merely defined with greater precision some conditions in the treaty of peace proper. We can still discern differences of detail in these treaties, notwithstanding their fragmentary character. Even the oath for the Council at Erythi^ai varies from that for the Council at Colophon. 427. GiLBEKT I. 401.] A thens. [Gilbert 1 1. 481-2. ing Boule, he appointed the new Bouleutai by sortition, and they formed the supreme executive power in the State. The psephism also contained detailed regulations relative to the administration of justice, determining in each case the appropriate court and penalty. The magistrates were expressly bound to obey the reso- lutions of the Athenian people.^ We need have no hesitation in supposing that similar conditions also obtained in the other cities of the League. At Miletus, for instance, where even the tribes of Cleisthenes were introduced, the constitution was remodelled by five Athenians chosen fcr the office.^ And when the members of the second Athenian Confederacy, besides having liberty and autonomy secured to them, are guaranteed the right to live under any constitution they choose, with no garrison to keep, no officials to admit, no tribute to pay, these express assurances justify the conclusion that in the first Confederacy the very reverse must have been the case.^ A mass of evidence makes it practically cer- tain that the Athenians maintained garrisons in many of the confederate towns, and their commanders would inevitably have as commanding a control over the administration of the place as the Phrourach had at Erythrai."^ The Itt'kjkq-koi were Athenian officers chosen by sortition to go and supervise the internal ad- ministration of the various cities of the League.^ ^ C.I.A., r. 9. 10. 11. * C.IA., IV. 22a. The tribes of Cleisthenes at Miletus : Lebas, Asie Min., 238. 240. 242. See vol. 2, 141. =* C.I.A., II. 17, lines 19 ff. : efeiJ/ai ay(r)!S(i i\€vd4p)u3 6vtl Kal avrovofit^, 'rro\LT{evo/xiv)(p voKLrelav fjv hv ^ovXyjraL, fxrjre {(ppovp)av elaSexo/J-evcf MT€ dpxoyra vTo{8€x)o/Ji^i^q) fji.7]Te (popov (p^povri. 4 Before the time of the Thirty Tyrants, Isocr. 7, 65 speaks of the Athenians as tAs tQu aXXuu aKpoTroXeis (ppovpovvras. ^povph in Erythrai : C.I.A., I. 9. 10; Miletus: IV. 22a; Kyzicos : Eupol. ap. Schol. Arist., Fax, 1176 ; Samos : Thuc. 1, 115 ; the cities of Thrace : Thuc. 4, 7. 108 ; 5, 39. The s prjaLUTaSy fJii(x6ous iTa^av /xeydXovs Toh (pvXdTTovaiv utt' avrOiv xo/)777et(r^at rwv vrjcnuTQu. ^ Harp. eiricTKOTros' 'Aptlv h rep irepl rod Kivdiwv (popov xal ev tlo Kara 428 Gilbert I. 401-3.] Federal AdmillisU'ation, [Gilbert II. 482-4. But the independence of the allies was curtailed most seriously by their deprivation of the right of trying any important lawsuit. It was of course only natural that Athens should pro- nounce on all offences against federal institutions or against herself as head of the League.^ But, besides this, all penal processes against the citizens of an allied city were finally decided at Athens. The power of sentencing members of a Federal city to death, to banishment, or to Atimia, was expressly reserved to the Athenian Heliaia.^ And even in private suits the Kcn(j-KO^iov. eolKaai ^KT^/jLireadai rives vTrb 'Adrjvaliov els rks VTrrjKoovs iroXeis liTLffKeirTljixevoL ra Trap' ^/cdorots ; Suid. eirlvy'^ i^rjfiLuaio oi'd^ ^vWrjxpo/xaL ov8^ dTTOKrevQ ov8k xp??/uaTa dcpaLprjcro/xai. aKpLrov ovoevos dvev rod 5rjp.ov rod 'AOrjvalwv. Stahl p. 18 ff. reiers this to suits between Chalkidians and Athenians. The meaning of dvev rod otj/jlov rod "'AOrjvaLiav here is not clear. Ivohler 191/2 translates it " except by order of the Ecclesia." But it is impossible to see what this could mean in an oath taken by the Dicasts, and the words quoted are in the oath of the Dicasts (Dittenberger. Syll., 10, 5). It can hardly mean : " I will not condemn any man without giving him an opportunity to defend himself, unless the Ecclesia so decrees." The or}ix6(noi KXrjrvpes were employed for the summonses in these cases ; cf. C.I.A., I. 37-38. AristoiDhanes, in the Birds, 1422 ff., introduces a KXrjrrip v-qcrLUTLKcs assisting at a summons, but we cannot say whether he is one of these d-rijULoacoL KXrjrrjpes. 2 Antiph., de caede Herod., 47 : 5 ov8^ -rroXei ^^ea-riv dvev ^Adrjvaiwv ovdha eavdrcp ^yjfiLuaai, Avhere 6 ov8^ iroXei 'i^eanv applies to all the cities of the League, as has been shewn by A. Frankel, p. 33 ff. Cf. (Xen.), de Rep. Ath., 1, 16, where we are told that in consequence of the citizens of the allied cities being tried at Athens : Kal roiis [xkv rod 8qiJ.ov aJj^ovai, toi>s 5' euavriovs diroWvovaiv ev rots oiKaarvplots' el 5' olVot etxov eKaaroL rds SIkus, dr dx06/jLevoL Tois ''AQyjvacoLS, rcurovs dv ccpQiv diruiXkvcrai', oiriyes (piXot p.dXiar'' rjr€{s \ot6(X7]S b.v Bokt] A^(tos eij'ai) (fr. d. e. 11). We may conclude from these fragments that the jurisdiction of the courts of Miletus was limited to suits where the claim did not exceed a certain sum of money, 100 drachmas, or the p3nalt\' a certain limit. Lipsius in Meier* 1004 holds that in cases involving 100 drachmas an appeal might be made to Athens. (Xen.), de JRep. AtJi., 1, IG, mentions as one consequence of the allies bringing their suits to Athens, irpiOTOv jxkv airb tCjv it pvrav eiwv rov pnadov 6i' eviavrov XapL^dveiv. Boeckh sup- poses (1, 466 sqq.) that irpvTavela. wer3 only paid in private actions, and therefore (1, 531) takes these words to relate to them. A. Frankel p. 34 if. tries to refute this view. To jne it seems that the regulations in the treaty with Miletus must refer to private actions only; Stahl, however (24 fi.), maintains this to be impossible. That private suits of the allies were decided at Athens is proved by Isocr. 4, 113: dXXa vpos toU &\Xols Kal irepl Tuv 5ikCju Kal tCjv ypa(j)G}V rCov ttotc 7ra/>' i]fJLTi> yevo[xivo3v Xeyeiv roXfiQaiu (sc. the oligarchs when they governed the cities under Spartan protection), avrol irXetovi ev rpial ixrjalv aKpirovs diroKreivavTes, (Zv ij iroXis iirl rrji dpxv^ aTrdarj^ ^Kpivev. So Isocr. 12, 63 says that the censurers of the Athenian people Kal rds re SiKas Kal rds Kplaeis xdj evddSe yiyvop.^vas toIs yevrjrai (irpos ^)a€r7]'St{T)u}v riva, ^A67)(vr)ac t&.s 8)iKas yiyveadai ir{apa. tu) iro\)€iui.dpx(i> Kaddirep X(tots Kai) dWodi /xrjde dp-oO' TiL{v ok dWcov) aTrb ^u/^i^iSXajv KaT{d rds Xiujv) ^vp.^o\ds irphs ^a{a7j\iTas) ras Si/cas €(lva)i., T^s (S^ . . . ) d€X€iv' idv dk t{wv dWaxov (Jp)x(w)j' d{€)^(rj)TaL d{LK-t]v Kard) 4>acrr]\iTu)u r{L)vos, (tovtov p.r) Tiv)€Lv KaradiKas, (dW r/ /JLev 8lk7)) [or as Ditten- berger, Syll., 57, perhaps more correctly, reads : (tovto 5' d(p€)i\€ip Kara- 8LKarais irp)b^ roiis i5iwra(s) ^ i'Stwrry 7r/)6s TO K{oivhv t) t($ Koi)vf irpbs l8nbTr]{v) rj edv tl &{X)\o yiy(v7]TaL, dLa)\v€L/x ir(p)bs dWrjXovs' 8ti 5' div dpL(f)L(T^rj{TC)s avuidpovs toov (rv/xfmxojp as witnesses to an event that happened in the Federal Council 3 years previously ; Busolt, p. 693 ; cf Lenz, d. Sijnedrion d. Bundesgen. im 2 Ath. Bund, pp. 6/7. Konigsberg. A aivedpos rwv Teuediwv is mentioned in 'E0. apx- 1886, p. 1S7 =Herm. 24, 134/5. C.I.A., II. 52c shows that single States might have more than one avvedpos at Athens ; see Hock in the Jahrh. f. d. Phil., 1878, p. 473 ff. In that case of course they still had only one vote between them. 1 We may infer from C.I.A., II. 17 that there were no Articles of Federa- tion, defining the constitution of the League. Had there been, the pro- visions concerning the League in this decree would have been superfluous : and further, the names of the new States admitted would have been recorded not in this decree, but in the Act of Federation. The treaties of alliance were in general made by each State separately with Athens ; cf. C.I. A., II. 49, 109. 176. ^%h.=Bull. 13, 354 ff., 12, 139. The conclusion of no. 49, so far as it is legible, will not justify us in arguing from it, as Lenz 16 if. does, that the Federal Council had any voice as to the reception of new members. In the passage in question the allies are required to be parties to the oath of allegiance, but so also are the Knights, though we cannot suppose that the Knights had any special rights in the matter. See also Bull. 12, 139. 576 is no exception, for that inscription is simply a treaty between Athens and her allies on the one part and the Peloponnesian States there men- tioned on the other. See also Lenz p. 17 ff. The treaty by which Kerkyra joined the League is headed : tru/t/iax^a KopKvpaicju Kal 'Adrjvaiuv {€l)s rbv (dei) Xpi>vov : Bidl. 13, 354. 440 Gilbert 1.414-5.] Second League : Adtninistration. [Gilbert II. 496-7. conditions of the peace, though it was made against their ex- pressed opinion.^ The usual course of procedure in Federal affairs was that a dogma was drawn up by the Federal Council, and sent up to the Athenian Boule for discussion. If it met with the „ . ^^ Procedure approval of the Boule, it was adopted by that body m in the their probouleuma, with an intimation that it had^^^^^^^^a primarily proceeded from the Federal Council. If the of the Boule did not approve of it, an amendment or counter- proposal of the Boule was sent, with the original dogma, for the consideration of the Ecclesia. In either case, the final decision rested with the Ecclesia.^ The Athenian Boule sometimes requested the Federal Council to send their dogma direct to the Ecclesia ; but this was probably a departure from the ordinary rule. Here again, of course, the Ecclesia determined what course should be taken.3 * The 56y/jt.a twv a-vfifidxiop concerning peace with Philip 346 b.c. in JEsch., Fals. Leg., 60 sq., in Cfes. 69. 70, was rejected by the Athenian Ecclesia on the 19th of Elaphebolion, and a few days afterwards the Ecclesia decreed that the allies should be required to swear to keep the peace concluded in opposition to their ddyfia ; cf. iEsch. in Ctes. 73/4. Hock, op. cit., 475 if., arguing against Busolt, p. 691. 701/2, supposes that the allies had consented to the Athenian decree in the interval (see also Lenz, p. 60), but this is a mere conjecture which cannot be proved, and seems to me highly improb- able. I see no sufficient reason for supposing that the limitation of the Federal Council to merely deliberative functions, as Busolt, p. 691 (see also Hartel, Demosth. Stud., 2, 46/7. 82) correctly describes it, was true of the period after the Social War merely. ^ Cf. C.I.A., II. 576 : (^TretS-fj S)k oi a-vjxixaxof. SSy/na elarjveyKav els (ttju ^ovXrjv d)4x^a6ai t7]v cvfifxaxiav, KaOcL iTrayy^\{\ovTai ol ^Ap)Kdd€s /cat 'Axatoi Kal 'HXetot Kal ^\€(tdes), which in one point, at any rate, agrees with the contents of the ypd/jL/mra 1. 5 sqq. 441 Gilbert I. 415-6.] Athens. [Gilbert 11. 497-8. The occasions on which it was customary to obtain a dogma of the Federal Council were mainly those when foreign affairs were Competence to come under discussion.^ Thus, the Federal Council Federal g^"^® ^^^ opinion on questions of war, peace, and CouncU. alliance ; it sometimes sent representatives on em- bassies along with Athenian ambassadors ; its members sometimes ratified treaties of peace or alliance by oath.^ Further, a dogma of the Federal Council was apparently customary when it was proposed- to occupy an allied town with an Athenian garrison ,3 or when the employment of the revenues of the League upon some object was to be sanctioned.* Lastly, the Federal Council acted as The Boule proposed in return for this the grant of Athenian citizenship to Dionysios and his sons. The inferences which have been drawn from the formulae of this inscription are none of them certain. Lenz, p. 84, does not convince me. That C.I.A., II. 52 is in close connexion with 51 cannot be demonstrated. ^ Lex. Saguer. 302, 14 : avvedpoi ol dirb tuiu cvfx/idxf^t^ fJi-eTd tQv 'Ad-qvaluv ^ovXevd/xei^oi jrepl tCou it pay fidruv . 2 C.I.A., II. 51. 576. Hock, op. cit., p. 477 (see id. in the Husum Progr., 1881, p. 8 ff., and also Lenz, p. 24 ff.) goes much too far when he infers from the oaths taken by the Athenians and Kerkyraians, at the admittance of the latter into the naval alliance in 375/4 b.c, C.I.A., II. 496, that the Athenians could not commence war or make peace in cases where the League was interested without the consent of a majority of the Federal Council. Cf. the passage in the treaty between Athens and Kerkyra : 7r(5(X) e(/i)ov 5^ Kal eiprjvqv fir) e^eivai K{opKvp)aioLS Troi'^(raadaL (dt)f eu ^A(dr]vaiu)p) Kal (too 'nr)\Tf]dovs tQjv v (rvfiixdxi} M^v) airQ dTlfi({} elvaL Kal to. {Xp)wa{Ta adT)ov 8r]/x6crLa 'icrrw /cat r?7s (9(eoO T)b ^ind{iKa)Tov Kal KpLviaOw ev ' Adr}v{alo)LS Kal to?s (TVfXfxdxoi.s (lis ScaXijcov Tr}(v) crv/nfiaxia^v, ^)-r]fiLoivTO)v 5k avrhv SavaTip ij (pvyfi, o^irep) 'Mrjvatot Kal ol v oUre vavs oUre xP^I^^J-ra irKeLova hv yeviadai, xP'ni^^'ro. refers to the money spent on their own fleet ; see Hahn, p. 458. Lenz's arguments to the contrary, p. 22, do not appear sound. Cf. Isocr. 7, 2, a piece of evidence not invalidated by Busolt's criticisms, p. 711 ff. : G}tot 8tKat of the Naxians.2 C. The Athenian Cleruchies. The planting of Cleruchies contributed very materially to the growth of Athenian supremacy over the first League ; when the second League was founded the Athenians explicitly pledged themselves not to plant any Cleruchies.^ No the Athenian part of the Athenian policy was so odious to the Szanto has restored and discussed this inscription in Mitth. 16, 33 ff. Again, in the decree of the Kean town Coresos, after directions as to the legal proceedings to be instituted at Coresos in case of violation of the laws concerning the export of red earth, the decree continues : {elv)ai. {5k) Kal ^(peaiv ''M-qva^e koL r^ (p/jvavTi. koI t^ ivM{^avTi). Of. C.I.A., II. 546, 1. 20. Sonne, de arhitris externis^ quos Graeci adhihuerunt ad lites et intestinas et jjeregrlnas compon&idas, 101 if., Goett., 1888, refuses to admit that an appeal liiy to Athens, and understands by ^kkXt/tos 7r6Xts the State to which juris- diction was entrusted for a shorter or longer period by one or more towns. ^ Schaefer, Dem. u. s. Zeit, V, 38, cf . his de soc. Ath., 10 if., is right in dating the accession of Naxos to the Athenian League immediately after the battle of Naxos. Busolt, p. 757 f., holds that Naxos never joined the League, but this is controverted with good reason by Hahn, pp. 465/ 6. We cannot imagine that after his victory Chabrias would have omitted to resume the blockade and reduce Naxos to capitulation. The statement of Diod. 15, 35 : Xa/3/)/as fikv o^v iirKpaurj vavfxax^OLV viK-ficras KaT^irXevcre fxera iroWQv XacpvpQu els rhv Heipaia does not prove that he did not, before his return to Athens, induce various States to join the League, as Dem. 20, 77 says that he did. 2 The fragments of the treaty are published by Kumanudes in the 'A^Tyv., 7, p. 95 ; he dates the inscription in the first quarter of the fourth century. In 1. 6 ff. we read : birbca 5' h.{v) — {rod) ''At6\\uvos Kard, rods pdfxovs —{to)v diairr)' TiKbv vdfiov, eav fih o{i) — {diKaca)ra rbv v6/xov' iav 5k pJr) (TVfKpepoivTai ( — ) t6 SiKaa- T-qpiov TO ^AOrjvrjai' rd 8k vpo — {i)a.v T](jaii]d-§' fxiadov 5k rots 5t/s dea-fModerai els rbv XP — • No certain restoration is possible. I believe the fragments justify us in conjecturing with fair probability the arrangements described in the text. Sonne 73, 46 gives a restoration consistent with his theory; another by Szanto is in the Mitth. d. dtsch. Arch., etc. 16, 42/3. ^ C.I.A., II. 17, 1. 35 sq. : (d)7r6 '^ava-ivlKOV &pxo{vt)os fXT) k^eHuai ix-qre I5iq, ix-qre 57}/j.ocr(L)q. ^AOrjvalwv fnjdevl eyKT-qcracrOai iv r{a)ls tCjv (rv/xjmdxf^" X^P^'-^ I^VT^ oIkIuv fxrjre x'^P'O'' P-vre Trpiap.^v(p /x^re inrode{p)ivifi p.-r]Te fiXXy Tp6ir(^ p.-qdevL The Athenians, it is true, planted Cleruchies during the second League, in spite of this, in Samos : Schaefer, Dem. u. s. Zeit., V, 87/8, in Potidaia: Schaefer IS 90, in Sestos : Schaefer 1^, 400; 2\ 28 ff. 445 Gilbert 1.419-20.] Athens. [Gilbeut II. 502-3. members of the first League as this system of Cleruchies. As a natural consequence, on the disastrous termination of the Pelopon- nesian war, the Athenians were forced to abandon those they had established in the fifth century.^ Even Lemnos, Imbros and Skyros were then lost, but we soon find these three islands again in the possession of the Athenians ; they were recognised as Athenian property by the King's Peace of 387 B.C., and in later times they still appear, though with some temporary interruptions, as Athenian possessions.^ Even the Romans in 197 B.C. gave Athens Imbros and Skyros, which she had held up to 200 B.C., and added Paros ; in 166 B.C. these possessions were increased by the grant of Lemnos and Delos (also former possessions of Athens), and of her ancient frontier town Haliartos.^ The lands on which the Athenian Cleruchs of the fifth century were planted were acquired by Athens, either by right Types of of conquest, or by pacific agreements with the States Cleruchies. ^^ ^hich they originally belonged. In the first case the earlier population was completely removed and a compact terri- tory was formed, inhabited exclusively by Cleruchs; or, if the former owners were only deprived of a portion of their lands, the Cleruchies lay, scattered here and there, in the midst of the territory retained by the older inhabitants. In the second case, where the Athenians acquired the territory pacifically in return for some equivalent concession, — generally a reduction of tribute, 1 Cf. Xen., Mem., 2, 8, 1. In my opinion the provisions in the decree of the Ecclesia 378/7 b.c, C.I.A., II. 17, 1. 25 sq. : rots hk ■jroLr)(ra/ji,tv{oL)s avfifiaxl-a-'' Trpbs ''AdTjvaLovs Koi rods £ru(/a,u)dxoys dcpeluat. rbv drj/xov to, eyKTrifxara 6(7r)6(r' B.v Tvyx^^V ^f{Ta -^ i5i)a (i) 8)T]fioala ''Ad(Tf})va'nx3v ev rrj x('^p9 tCju TroLOv)nevu}v rriv avfx- /jLax'i'O.v f(ai Trepl ToiTwv iryaTiv Bovpai CAdTjvaiovs) (cf. Diod. 15. 29), refer, not as Schaefer supposes (Dem. u. s. Zeit., V, 30), to estates still occupied by Athenians, but to claims to property, dating from the period of the first League. 2 Among the terms of peace in the Sky tale of the Ephors in Plut., Lys., 14, was : /cat eK^avres eK iraaCjv tCjv TrbXewv rav avTuu ydu ^x°'^'^^^- Andoc, de Pace, 12, shows that even Lemnos, Imbros and Skyros were relinquished. Before the peace of 387 the Athenians had again occupied these islands, though the possession was disputed (cf . Xen. 4. 8, 15), and was not formally guaranteed till the peace was made. Cf. Xen. 5, 1, 31. 3 Cf. Liv. 33, 30 (adicit Antias Valerius) Atheniensibus insulas datas Parum (so Cod. Mogunt. for the Vulg. Lemnum), Imbrum, Delum ('?), Scyrum. For their acquisitions after the defeat of Perseus cf. Polyb. 30, 18 (21). For the history of the Athenian Cleruchies see Kohler in the Mitth. 1, 257 ff., 5, 278/9 ; Wachsmuth, d. St. Ath., 1, 637 ff. 446 Gilbert I. 420-1.] The ClerucJlies, [Gilbert 11. 503-4. — the Cleruchies wore scattered allotments within the territory of the other State.^ The Athenians had two reasons for sending out their Cleru- chies. First, they served to secure the supremacy of p ^g^ ^^ Athens in the League, and may be regarded, according the cieruciiy to the manner in which they were founded, either as ^® ®°^* Athenian military outposts, or as permanent garrisons.^ The second object in view was to secure the means of livelihood for needy Athenians by granting them allotments of land.^ The Cleruchs were accordingly taken from the lower Solonian census classes.* The size of the allotments of land varied in the different Cleruchies according to the quality of the land to be allotted ; but the income each Cleruch was to be granted was fixed normally at a certain amount, which may be estimated from the annual revenues of the Cleruchs of Lesbos at 200 drachmas 'per annum. Now an annual revenue of 200 drachmas corresponds to the minimum census of the Zeugitai. Hence Thetes, sent out as Cleruchs, were thereby promoted into the class of Zeugitai.^ In this way the State obtained an accession of military strength ; for the hoplite forces, in which the Thetes did not serve, were con- siderably increased by the transformation of so many Thetes into Zeugitai. In about 50 years of the fifth century Athens can be proved to have sent out more than 10,000 Cleruchs, and to have thus increased her hoplite forces by that number of men.^ ^ For the various kinds of Cleruchies distinguished in the text see Kirchhoif in the Abh. d. Berl. Ak., 1873, p. 1 ff., where there is also a list of the Cleruchies planted in the fifth century. 2 The military object, Plut., Per., 11 : (f)6^ov U Kal (j)povpa.v rod fii] veurepl^eip Ti irapaKaTOLKl^v rois a-vfijuLdxoLS. Cf. Isocr. 4, 107. In 441 b.c. the Samian hostages were left in the custody of the Cleruchs in Lemnos : Thuc. 1 115 ; Kirchhoff, op. cit., 32. ^ Plut., Per.j 11 : Kal raOr' ^irpaTrev diroKov4>i^}u rods tirKTKdTovs Ka)TCL ras ^y(/Lt,8o)Xds, at 9j(rav irpb totutov rod xp^^ov. The trial for the murder of Herodes was held at Athens. The dpxovTes mentioned in Antiph., de caede Ilerodis, 47, are probably the eirliSvaLOv a8e\'qVj ws e/c ravrr]'; TraiSa? aTrocjiavwv kol etcTTronyo-wi/ ets tov oikov, ct M o'vyxdipoiy tovtov da-axOrjvai (22). The union, into which Eu- ctemon entered by this iyyvrjac? with Democrates' sister, was a law- ful marriage, as the repeated use of yafielv §§ 24/5 demonstrates clearly. (See Zimmermann 18.) But Buermann 571 shews from §§21 and 39-41 that it is a mistake to suppose that Euctemon had previously divorced his wife. It follows that Euctemon pro- posed to commit bigamy (see Hruza, Beitr. z. Gesch. d. griecli. u. rbm. FamilienrechteSj 27 ff.), for the lyyv-qa-i'i proved that he con- templated a lawful marriage. But his object was simply to break down Philoctemon's opposition. In all probability it never came to an actual ya/xo? : had that been so, a divorce from his first wife would have probably followed. Philoctemon gave up his opposi- 455 Appendix, tiou before the ya/xos was consummated ; and that explains the ex- pression in § 24 : aTrrjXX.ayq Trj<: yvvaiKo^ {sc. Democrates' sister) 6 EuKTT^/xwv Kol cVeSet^aro otl ov TracSwv eveKa iyd/xei. Here iyoLfxeL is the imperfect of an incompleted action, and, instead of aTrrjXXdyyjj the technical expression, if the yd/xos had taken place, would have been dTreTre/xi/^c ttjv ywatKa. 456 INDEX. The index and table of contents supplement each other. The index does not mention subjects which can readily be found in the table of contents. AxvtdSaL Phratry, 210. Acropolis, 275. Adeia, 288, 336, 356. adLCLTaKTOL, 176.* Adoption, 196. a^ivaTOL, 347. iEschines, 374. 'A7id5at, 5, 42. Aglauros, 310. a.y>v tQ}v (rK€vo(p6pu}v, 74, 76. at Athens, 111, 120, 136. dpxoj'Tes, 131, 136. eTTi TTjj' 8rip.os, 109, 120, 125, 136. ^aaiXiuva, 253. fiaLcns, 208. SUai dya/Jiiov KaKoyafxiov dipiyafiiov at Sparta, 39. * dXoylov, 228. dTToaraaiov 175. els ifKpavQv KaTd(TTa(nv, 408. ^,j.fi7}Poi, 238, 409, 452. ilxiropLKai, 378, 414. €^u, 411. dt-Kaaral oi Kara b-qixovt, 144, 157. diKaaTTjpia, 396. Dionysia, 252. Dionysos, 258.^ • Sioa-nfila, 292, 409. Dodecapolis, 99. SoKifiacria, 255. dpaxfiv, 329. AvaXeU Phratry, 210. Av/JMvei, 40. AifJiT], 41. Index. E. ekoo-TiJ, 425, 435. eiaayyeXia, 255, 281, 390. elcrayuyeis, 424. elaiTT^pia, 266. ela-cpopas elcr€K, 180, 365. 'BTTtXiy/cetoj', 112, 254. iTTifieXrjrai, at Kainepolis, 29. at Athens, 165, 168. T^s ^uX^X, 202. of religious associations, 213. T^s irofnrijs Tip Acovvacf, 252. TWJ' fivaTTjpiojv, 254. of the Symmories, 371. federal officials, 431. iTTKpOpd, 424. iTriaKOTTOc, 428. iiria-rdTai rod ved), dydX/xaTos, 263.^ iTriaTdTT]s, 166. TWJ' TrpvTdueuv, 272 sq. TcDi/ irpo^dpuu, 274 sq. Epitadeus, 14. iiriTd^ca, 254. eiriTifirjTaLj 206. eTiTt/uda, 199. i7ri.Tpn)pdpxvi^o., 375. iiroj^eXla, 414. iTrJ}pvfjt,oi, 166, 251,2 315. ipaviaral, 212. , TTjj' ipr)ixov dvTLXaxeiy, 390, 415. ipya^oixivwv, rb KOivbu, 214. Eubulos, 245. evepy^TTjs, 181. Eumolpidai, 254. Eupatridai, 135.^ Euryleon, 7, 19.i Eurypontidai, 42. Eurystheus, 42.3 evOvdida, 407. eiidvva, 255. eiidwoL in the Demes, 207. of the State, 224-5. i^rjyriTT]^ tQ)v AvKovpyetuv, 28.^ i^eX€iL>d€pos, 175.* F. Flamininus, T. Quinctius, 25. G. Tafji7]Xia, 189. r?7 at Athens, 99. TeX^oi/res, 103, 150.2 Y^j/t;, rd /caXoi^/iei/a, 107,2 148, 195.3 Georgoi, 135. ^ yeuvb/MOL, 448. yepwxloL, 47. yepovria, 47. yvufjLoves, 283. ypafi/jLareXov Xrj^iapxi'Kbv, 198, 205. (pparepLKbv, 196, 210. ypa/xfiare^s in general, 229. TTjs ^ovXijs Kal Tov drj/Jiov, 270 sq. /card Trpvraueiav, ttJs ^ovXrjs, 268 sq. in the Cieruchies, 451. of the Epheboi, 314. eTTt roi>s vbfJLovs, 270^. of religious societies, 213. in E.om. per., 166, 168. 459 Index. ypa(t}ri^ meaning of, 404. adLKlov, 226. dirpocTTaa-iov, 177, 239. dpylas, 284. dcre/Setas, 155, 283. acrTpareias, 318. 8ei\las, 318. dwpuu, 227.1 KXoTrijs 5riixo(yio3V xPV/^<^t^^j 226-7. XiTOTa^iov, 318, 375. Trapai/^Aicov, 184, 255, 302, 423, 444. irvpKal'ds, 155. V^pem, 171. uTTo/SoX^s, 196. ^ejz/as, 196, 239, 378. yv/j.vao/)oi, 117 and Addenda. ' EWa/'oSkat, 75. ^j/Sexa, 131, 136. Hephaisteia, 181, 360. Hephaistos, 99. Heptachalcon, 100. Heracles, 42,^ 97, 100. icrriaais, 361. ea-Tidrcjp, 202. Upeta rijs "H/St^s /cai r^s 'AX/c^tjvt??, 206. ie/)€i>s Tu)i' 'Hpa/cXetSwj', 206. of the Phratry gods, 210. lepoTTOLol els rb T7]s"R^r}s leptv, 206. of religious associations, 213. liriraypiraL^ 1'2. iTnrapxoi, 120-1. in the Cleruchies, 451. 'nnrapiJ.o, ^). ITatai'iets rpiTTlJS, 209. 7rat5es, 63. Trai5oTpij37j$, 314. nc£/Lt0i;Xot, 40. Pan, 361. Ilam^^vata, 101, 181, 324,360, 422, 448. 7rai/07rXi'a, 319, 347. irapaypa(p^, 407. TrapaKarajSoX-)] , 407. UapdXioi, 143. Paralos, 348. irapdaraaLs, 407. irdpedpoi, 225, 228, 252, 254, 255. Parthenon, 334. Pasiphaa, 59. Pausanias, 22. UediaKoi, 142. Ueipatets rpiTrds, 209. Peisistratos, 144. TreXapop, 78. ireXdrai, 117. TrevTaKoa-Lon^dLinvoi, 115, 120, 122, 130 131, 132. 7revTr]K6vTapxoi, 327. irivTrjKOVT-qp, 70, 71, 75. TrevTTjKoaTiJS, 70, 71. TrevT-fjpeLs, 325. Pericles, 154. TrepiTToXoi, 312. TrepicTTia, 291. irepL(TTiapxoL, 291. HeppiSat, 98.5 Phalanthos, 18.3 Phaleron, 97. 0(^.(ns, 261, 281. 461 Index, (peWeis, 95. (pidXai i^eXevdepiKal, 176. (pidiria, 66. ^LXatdai, 98.5 Philopoemen, 25. Phoenicians, 97. povLp8tKoi 168, 207. avvedpoi at Gytheion, 29. Twv (Tu^/xdxwj', 439. avv-^yopoi, 195, 207, 225, 301, 410, 424. avvT^yopos rov Ta/xidov, 165. ^vvolKia, 102. o-wrdi^as, 444. cri'j'TeXeia, 372. aviTKrjvoi., 65. poTroiol, 264. rd^ts, 319. Tegea, 82. reLxoiroioi, 264. TiXr], 54.3 HerpaKW/xoL, 99.^ TerpdTToXis, 99, ^ 212. TeTpaKbaioi ot, 158. rerp^pets, 325. 6a\afUTaL, 326. Qapy-^Xia, 252. Theopompos, 16, 17. Theoriai, 252, 343. deiopiKSv, 338, 342-3. deojpol, 85. Theras, 6. ' OeppiKiddai Phratry, 210. QeppiKuuiSai Phratry, 210. Theseus, 101. ee