^\ t REESE LIBRARY OF THE DIVERSITY OF CALIFORNL %eceived APR ^^ 1893 ,^^ zylccessions Mo, Sci ^ S ^. Class No, Digitized by tine Internet Arciiive in 2007 witii funding from IVIicrosoft Corporation littp://www.arcliive.org/details/aristotleonatlienOOarisricli ARISTOTLE ON THE ATHENIAN CONSTITUTION. vd^?^ UNIVERSITY i -^^ 51^ "^ -^ ^ V r^ ^' SL '?:.: is*.-.,., ,.,-«„ it']' tM ^s O CO < ? m ARISTOTLE ON THE LTHENIAN CONSTITUTION TRANSLATED WITH INTRODUCTION AND NOTES By F. G. KENYON, M.A. Fellow of Magdalen College^ Oxford LONDON : GEORGE BELL AND SONS, YORK STREET, COVENT GARDEN. TJNIVEBSITl ,roqS c^^^-^ CHISWICK PRESS .'— C. WHITTINGHAM AND CO., TOOKS COURT, CHANCERY LAKE. (: university) INTRODUCTION. nPHE re-appearance of the Aristotelian trea- •^ tise on the Constitution of Athens has a considerable claim to rank as the most striking event in the history of classical literature for perhaps the last three centuries. It is not that the work itself is equal in importance to many which have long been known ; but, though this may be freely admitted, few would question that it possesses a high intrinsic value, and the manner of its re-appearance has, naturally enough, invested it for the moment with a special interest of its own. After the lapse of a period which' some scholars had reckoned at eighteen cen turies, and which none could place at less than twelve, since it was last seen by mortal eye, it was hardly to be held within the bounds or possibility that this work, well-known though it was to scholars by name, should ever be re- covered in an approximately complete state. vi INTRODUCTION. The discovery of lost works of classical antiquity has been the dream of scholars and of lovers of literature ever since the days of the Renaissance, when such discoveries were being made on every side, but it is a dream which, since those days, has been but scantily fulfilled. " The wreck of Herculanean lore," so far from restoring to us a fragment of Pindar or Simonides, has pro- duced nothing but a number of works by an indifferent Epicurean philosopher, with a few by the master of that school himself. The monastic libraries of the East, from which have been un- earthed the inestimable Qij^§x^SmcUMcM^ of the New Testament and several other valuable theological manuscripts, have given practically nothing to classical literature ; and the chance of such discoveries grows less as this field is more thoroughly examined. For a time there were wide-spread hopes that many hitherto un- t suspected treasures might be preserved in the shape of palimpsests, such as that in which the Igreat work of Gains was discovered at the be- I ginning of the present century; but the libraries ]of Europe have been searched, and nothing of equal value has come to light. There have been rumours, indeed, of treasures to be found in the Sultan's library at Constantinople when the day INTRODUCTION, tK shall come for European eyes to examine its unexplored recesses ; but the basis of these rumours is hard to trace. One source, however, unsuspected until within this present century, has of late years shown results which may revive the hopes that had begun to fade. It is now certain that beneath the sands of Egypt, in its tombs and its buried cities, manuscripts written on papyrus have been preserved, to an extent which cannot be fairly estimated as yet. The majority of these are, no doubt, of very slight interest to the world at large, being principally col- lections of magical formulas, monetary accounts, leases, wills, and other private documents. But, here and there, works of classical literature have been discovered, though always in a more or less fragmentary state. Some of them were evidently copies intended to be pleasing to the eye as well as profitable to the mind, and are written elegantly and formally upon good papyrus ; others, perhaps the majority, were rough transcripts intended for the owner's private benefit without much regard to appearance, written in hands which make no pretence to the neatness and regularity of the pro- fessional scribe, and sometimes, since papyrus was valuable, on the back of sheets of which the front had already been used for other purposes. Most Viii INTRO D UC TlON. of the works thus preserved are such as we ^ knew already. Homer, as is right, is by far the I most largely represented, and always, it may be observed, by the Iliad^ never by the Odyssey; but portions of Thucydides, Euripides, Plato, Demosthenes, Isocrates, and others of the great writers of Greece have also been discovered, though for the most part only in small fragments. But there have also been occasional discoveries of works hitherto known only by name and in isolated quotations, though these have so far been of rare occurrence. The most important, until these latter days, consisted of some four speeches (not all complete) of the great Athenian orator Hyperides, the contemporary and col- league of Demosthenes ; but these have fairly been thrown into the shade by the recent re-appearance of the treatise attributed to Aris- totle on the constitutional history of the Athenian people. Such a work has an interest for others besides professed scholars and historians, and perhaps for many who lack either the wish or the ability to read it in the original Greek. To these persons, if there be such, this translation is primarily offered ; since the original has, for the most part, neither that difficulty which makes it INTRODUCTION. ix interesting even to the best scholars to see how the problem of translation has been solved, nor that beauty of style which tempts translators again and again to the hopeless labour of love which is involved in the effort to reproduce a masterpiece of literature in another tongue. But there may be many persons with an interest in Greek histoiy beside the scholar and the spe- cialist to v/hom a translation is worse than use- less. To these an English version may be of service ; and it may also be useful to prefix to that translation some brief account of the work that is here placed before them, and of the unique manuscript which has preserved its text for the benefit of this late posterity. The latter does not need a long description. It belongs to the second of the classes of papyrus manuscripts mentioned above, those, namely, in which the matter alone has been the object, while outward beauty of form has been neglected. The neglect is, indeed, considerable in this case. The text of the Aristotle is written on the back of four rolls of papyrus, of unequal dimensions, amount- ing in all to some eighteen feet eight inches in length by eleven inches in height. The front of this papyrus had already been used for the baser purpose of recording the daily accounts of a X INTRODUCTION. bailiff on a small Egyptian farm. The bailiff was a Greek, and his accounts are therefore in that language, and are not without some interest of their own ; but their chief value in connection with the Aristotle lies in the fact that they bear dates of the years 78-79 A.D., and therefore give us a clue to the probable date of the text which is written on the other side. It is not likely that accounts of this description would be preserved for very long for their own sake, and it is there- fore reasonable to suppose that the Aristotle was copied on to the back of them by about the end of the first century ; and this opinion is supported by what little is known of the naiaeagjca^ih^ of that early period. But not only is the treatise written on the back of old accounts, and on rolls of uneven length, but it is not even all in the same hand. No less than four different styles of writing appear in it, none of them very orna- mental ; and the most ornamental is the least correct. It is written in thirty-seven columns, of very varying widths ; in one place a column and a half of different matter had previously been written and has been struck out ; finally the early chapters of the work seem never to have been transcribed, the last seven columns of the MS. are hopelessly mutilated, several INTR OD UC TION. xi lacuna^ occur elsewhere in the course of the text, 'andm very many places the writing has been considerably rubbed and defaced. Altogether the manuscript unquestionably owes its value to its contents, and not to the external form in which they are presented to us. Of the nature of these contents there is, speaking broadly, no doubt. Though it bears new title nor author's name, no one has been foundj at any rate as yet, to dispute that it is thej treatise known in ancient times as Aristotle'sl Constitution of Athens. Tbis treatise was oneV section, and probably the longest and most important section, of a collection known as "The Constitutions," in which information concerning the constitutional history of no less than a hundred and fifty-eight states was gathered together, pre- sumably to provide material on which might be based the general statements on political science, which Aristotle embodied in his Politics. The Constiiictions is included in all the lists of Aristotle's works which have been preserved, and sixty-eight of the 158 sections are known to us by" quotations or references of greater or less length. The section on Athens was represented by some ninety such quotations, nearly all of which are either found in the treatise now before xii INTR OD UC TION. US, or else evidently belong to those parts of it which are imperfect in the MS. ; but no section had survived entire, and the exact nature of the work was therefore a matter of controversy, — a controversy which will, indeed, only rage the more acutely since the discovery of one of them in a practically complete state, but which may now hope to attain to some definite and accepted conclusion. One of the first points to which the attention of scholars and historians must be directed is the important one whether this is indeed the very work of Aristotle himself or not. Marvellous and multiform though both the knowledge and the industry of the great philosopher must have been, he cannot have written all the works which are ascribed to him in the extant lists of his writings. Some of them must have been com- posed, perhaps by his instructions, perhaps with- out any direct connection with him, by pupils and later members of the Peripatetic school. The Constitutions^ involving as it did re- searches into the histories of so large a number of communities, and reaching so far as Carthage on the one side and the B rahrnins of India on the other, suggests itself at once as a work which might easily have been committed by the master INTR OD UC TION. xiii to some of his disciples, just as Mr. Herbert Spencer has availed himself of the assistance of various friends in the compilation of the facts (embodied in Descriptive Sociology) which he used as materials for his work on The Prin- ciples of Sociology. In support of this a priori reasoning might be adduced the first impressions of several learned and unquestionably competent judges, who doubt if this treatise exhibits that compression of thought or those illuminating flashes of insight which we are accustomed to associate with Aristotle, or if the style is as abrupt and disjointed as that in which the great thinker commonly conveys or conceals his mean- ing. On the other hand it may fairly be urged that we have no other work of Aristotle's which belongs to the same class as this, and that almost every writer will be more lucid and straightfor- ward in narrative than in philosophy ; while the general cast of the language, the soberness and even dryness of the style, and the impartiality of the judgments, suggest at least the influence, if not the actual pen, of Aristotle. Moreover, if any of the sections of the Constitutions was composed by Aristotle, it would probably be that dealing with Athens, as being at once the most important of them and the one as to xiv INTR OD UC TION. which criticism would be the liveliest and the most capable. Finally we have the unanimous testimony of antiquity, which unhesitatingly assigns this extensively quoted and still more extensively consulted work to the hand of Aris- totle. The whole question, however, is one which cannot be settled in a day ; and if the most eminent authorities are divided in their opinions on the matter (and many, especially abroad, have expressed themselves strongly in favour of actual Aristotelian authorship), it is the more incumbent on lesser folk not to be too positive. But one consideration of the greatest importance has so far been unduly overlooked by many critics. If the treatise be not the actual work of Aristotle's own hand, there is at least the strongest reason to believe that it was composed under his direction and for his use,^ and that it carried the weight of his authority in subsequent ages ; nor do we hear that its authenticity was ever questioned. If this be so, then it carries for us still a weight 1 Aristotle died in 322 B.C., and not only is it certain, from the fact that the number of the tribes is repeatedly spoken of as being ten, that the work must have been written before 307 B.C., in which year they were raised to twelve, but there is also internal evidence (see ch. 46) that it was written before 325 B.C. On the other hand, there is an allusion in ch. 54 to the year 329 B.C., which shows that it must have been written, or at least added to, after that date. INTR OD UCTION. xv hardly less than if it were written in the actual words of Aristotle. Details about the obscurer and less important states might indeed escape his eye or be outside his knowledge ; but in deahng with the history of Athens he must have known what authorities his pupil made use of, and have approved of the manner in which he dealt with them. The broad statements of consti- tutional and general history which it contains come to us with the imprimatur of Aristotle, and those who have read Aristotle most know bes»t how much that means. Whatever view we take as to the literary parentage of the work, its historical utterances have a weight which is not lightly to be put aside. At the same time some ^ of these statements/ are unquestionably startling, and it is not to be; wondered at if the first instinct of many persons is to reject as impossible matter which refuses so uncompromisingly to conform to the recon-^ structions of Greek history with which we have become familiar. Still it must be remembered that in many cases they are only reconstructions, which have served to fill the many and serious gaps in the original records on which our histories are based. What we have to do is to try to put ourselves in thought into the position xvi IN TR OD UC TION. which we should occupy if the treatise on the Constitution of Athens had never been lost, but had come down to us together with Herodotus and Thucydides and Xenophon. The state- ments made in it are not indeed to be accepted at once and without questioning ; but neither are those of any fallible mortal who ever wrote history upon earth. Still, accepted or not, they must be accounted for ; and whenever the time shall come that the new evidence can be weighed with an equal mind, it will probably be found that it ranks very high among the sources of our knowledge of Athenian history. Mean- while, the first reflection to which its disclosures , give rise is one of scepticism as to the value of I conjectural restoration of historical facts. So 1 many eminently reasonable theories and con- 1 jectures are scattered to the winds by this slight addition to the ancient testimonies, that con- siderable caution seems to be imposed for the future alike on the propounding and the accept- ing of similar and equally plausible imaginations. Meanwhile it may be of use briefly to enume- rate the chief points in which this treatise (which in future will be spoken of as Aristotle's, as being at least the outcome of his inspiration and direction) tends to alter or modify the view of INTR OD UC TION. xvii Athenian history which has been derived from the sources hitherto extant. It is in the earUer periods that its information is at once the most novel and the most important ; and naturally so, ' since it is on these periods that we have hitherto / had the least trustworthy information from / ancient authorities and have been left the most to the conjectures and restorations of modern , writers. The treatise appears to have begun with \ the original settlement of Attica by the at least | semi-mythical Ion, and next to have described 1 the changes introduced into the government of * the country by Theseus. But this part of the work is still lost to us, for the newly-discovered i MS. is imperfect at the beginning. A portion % of the papyrus has been left blank to receive the earlier chapters, but they appear never to have ; been transcribed, and the narrative now com- i mences in the middle of a subject and even in I the middle of a sentence. It is only in a retrospect " of the constitution as it existed before the time of Draco that any fresh light is thrown on the obscure period of the kings of Attica and the government which immediately succeeded them. The exact bearing of the new evidence cannot be settled ofF-hand ; but, in the first place, it seems to clear up some of the doubt which has xviii INTRODUCTION. always attached to the change which took place in the position of the kings after the death of Codrus, and, secondly, it establishes in a manner that will hardly be questioned the early impor- tance of the Council of Areopagus. The old story ran that after the heroic death of Codrus on behalf of his country, the Athenians, out of gratitude to his memory, decreed that no one should henceforth bear the name of king. This tale has naturally been suspected of concealing a constitutional change to the disadvantage of the monarchy, and such it proves to have been. The king had previously had associated with him a commander-in-chief for purposes of war, with the title of Polemarch ; and after the death |of Codrus a third magistrate was created, known as the Archon, to whom some of the civil powers of the king were delegated. Further it appears that, not only these two officers, but even the king himself was elected by the Council of Areo- pagus, though its choice in respect of the sovereign was no doubt limited to the descendants of Cpdrus. Of the composition of the Areopagus at this period we are told nothing, but it un- questionably represented the ancient families of the land, and it appears to have exercised a general supervision of the state. INTRODUCTION. xtx The next change that took place is one with which we have been acquainted before. At a date which is commonly fixed at the year 752 B.C. (though these early dates are possibly open to criticism) the monarchy was altered from a life magistracy to a term of ten years. At the same time a change was made in the nomen- clature. The name of Archon was substituted for that of king as the title of the chief magis- trate of the state ; the king (for the title was still preserved) occupied the second post and Vv^as confined chiefly to sacrificial and ceremonial duties ; and the Polemarch, who had been the second officer in the state, now became the third. At first the office of Archon was still confined to the house of Codrus ; but after four members of that house had ruled on these terms, it was thrown open to all the Eupatridae, a name which denotes the ancient families of the land. Thirty years later, in 682 B.C., according to the tradi- tional dates, another change was made. The ten-year term was abolished ; six new magis- trates were created, with the title of Thesmo- thetae or Lawgivers ; and these, together with the three elder officers, formed the board subse- quently known as the nine Archons, which con- tinued for two centuries to be the highest official UNIVEESITI XX * INTR OD UC TION. body in the state. It was of annual creation, and from the name of the Archon par excelle^ice^ the titular chief of the state, the years were hence- forth dated, just as they were in Rome by the consuls. Hitherto it has been believed that the change at this period was from a single magis' trate to a board of nine ; but,: the pre-existence of a board of three is one of the new facts con- tained in the present treatise. The nine Archons were elected, just as their predecessors had been, by the Areopagus ; and a change was made in the composition of that body which must probably be assigned to this date. In early times its members may have been nomi- nated by the head of the state ; but from hence- forward it was recruited from those who had served as Archons, who passed into it at the end of their year of office, a system which continued in force as long as the Areopagus existed. Such are the conclusions to be derived from Aristotle's retrospect of the early history of the constitution of Athens, and he next passes on to describe the reforms introduced by Draco. Here his information is not less novel and startling. Hitherto nothinghasbeen known of Draco except that he was the first person to codify the criminal law of Athens, which he did on lines of great INTR OD UC TION. xxi severity. But this work is almost ignored by Aristotle, who represents him in the totally ri^w light of a constitutional reformer. The details of his constitution are such as to arouse the ^ greatest surprise, not to say scepticism, in stu- ' dents of Greek history. He is stated to have given a share in the government to all persons capable of furnishing themselves with the equip- ment of a hea\^ infantry soldier ; that is, a popular assembly was formed, including all per- sons possessing this qualification, and to it was committed the duty of electing the various magistrates. Several of these magistrates are mentioned, some of whom were not previously known to have existed at so early a date ; and it is stated that property qualifications of various amounts were required for the holders of these offices. A new Council was created, consisting of 401 members ; and for the election to- this and to certain other posts the principle of the lot was introduced, apparently for the first time. It must be noted, however, that the Areopagus still continued to be the guardian of the laws and the chief power in the state, and it„iiiay. be suspected that the change in the constitution was more apparent than real. The reforms of Draco were the outcome of a xxii INTR OD UC TION. long conflict between the rich and the poor, — "the classes" and "the masses," if a modern political phrase may be allowed, — arising from the miserable condition of the poor labourers and agriculturists, who, though once indepen- dent yeomen, had sunk by the pressure of debt into the position of serfs attached to the soil and working for the benefit of their creditors. Their economical condition was not, however, touched by the measures of Draco, and the discontent and the state of almost civil war which resulted therefrom continued unabated, until, nearly thirty years after the probable date of Draco, both parties agreed to entrust Solon^ with full powers to deal with all matters, economical and political alike. With the account of the reforms of Solon we reach a period as to which we have a much larger amount of previous knowledge, but here too something new is to be derived from the present treatise. Solon has always been a striking figure in the traditional history of Athens ; he is not less striking in the work of Aristotle. His character as a statesman, as a poet (for Aristotle quotes extensively from his verses), and as a man of inflexible honesty and high principle stands unimpaired ; it is only the details of his legislation that are altered or made INTR OD UC TION. xjtUi more clear. The new treatise confirms the view of those who regarded his celebrated measure for the relief of the economic situation as having , ^ consisted in a complete cancelling of all existing 1/ debts. His reform of the currency is represented t as unconnected with the measure just mentioned, and it appears to have had a purely commercial; purpose. On the political side, Solon has hitherto been credited with the invention of the division of the people into four classes according to the value of their property ; it now appears that that division existed before his time, but that he adopted it as a basis for the political scheme of the state, by assigning the various magistracies to the several grades of this scale. The most important feature of Solon's legisla- tion, however, remains unchanged, namely the introduction of the lowest classes into political ^ life. H enceforward every ad.ultmale^ of A^^ birth had a share in the government of his country. It is true that at first tHat share was limitedr to a seat in the popular Assembly and eligibility to serve on the juries in the law-courts. But these privileges were sufficient, in course of time, to secure to the democracy the full control of the state ; for the Assembly directed the policy of the nation, and the juries (large bodies x-xi V INTR OD UC TION. ) of several hundred members, combining in them- / selves the functions of judge and jury) reviewed i the conduct of every magistrate at the end of his term of office. Solon was therefore justly X \ ISS^J^deji in later days as the founder of the ^ Athenian democracy. To the character and ability of Solon, as well as to the importance of his reforms, Aristotle bears emphatic testimony ; but he also brings out, not less clearly, a fact which has hardly been realized hitherto, namely that these mea- sures had at the time only a very limited success in their primary object, the restoration of peace to the distracted community. For four years there was, indeed, comparative quiet ; but after this short respite the conflict of factions began again with unabated vigour, and twice within five years it was found impossible to elect a chief magistrate of the state at all. Solon's reforms had been sweeping enough to exasperate the moneyed and landed classes, while on the other hand they had not gone far enough to satisfy the cupidity of the lower orders. This condition of chronic civil disorder was one through which most Greek states passed, and which led in most of them to the same result. It is a result with which we are familiar on a INTR OD UC TION, xxv larger scale in modern history, in which it has more than once happened that a period of revolution has only been brought to a close by the establishment of a despotism. So it has been in England and in France, and so it was in Athens and in many another Greek state. One episode of this period has been preserved to us by Aristotle alone and was first revealed to the modem world nine or ten years ago, when two little scraps of this same treatise were discovered on some fragments of papyrus in Berlin. About twelve years after the reforms of Solon (the exact date is a matter of dispute) one Damasias was elected Archon in the ordinary course of things. By some means of which we know nothing he contrived to remain in office during a second year ; and even after the ex- piration of this he attempted to repeat the same manoeuvre, and succeeded in retaining his post for two additional months. His object was, however, by this time sufficiently clear. He hoped to establish himself gradually as despot or " tyrant " of Athens ; but he had no armed force on whose support he could rely when his unconstitutional aim was discovered. Accor- dingly he was expelled from his position without much difficulty, and a mixed board of ten xxvi INTR OD UC TION. Archons, containing representatives of all classes in the community, ruled for the remainder of the year ; after which it is to be presumed that the constitution of Solon was restored. The attempt of Damasias was, however, only a foretaste of the fate to come ; and the manner of its coming is known to all. On the time of Pisistratus Aristotle throws little new light. The narrative of his altemate periods of government and exile is much the same as that which we have known already, and indeed is largely taken from Herodotus. The chief additions consist of some chronological details, though it may be questioned whether these do not raise as many difficulties as they lay. It should be noticed, however, that Aristotle expressly confirms the view that the -administration of Pisistratus was mild and considerate, and the main principle of his policy was to keep the people occupied and contented. In this attempt he was successful, and he was able to hand down his government to his sons without difficulty and without ques- tion. The rule of Hippias a,nd Hipparchus was uneventful and is passed over briefly, as being a mere continuation of that of their father, until the sudden and unexpected catastrophe of the assassination of the younger brother by Har- TNTR ODUC TION. xx vii modius and Aristogeiton. The narrative of Aris- totle is chiefly remarkable here for one express correction of the account given by Thucydides (who is not, however, mentioned by name), and for several departures from it in minor points. The rest of the story of the expulsion of the Pisistratidae is evidently taken from Herodotus, and there is no occasion to repeat its details here. The fall of the house of Pisistratus brought about the restoration of the democracy, and in the hands of its new leader, Cleisthenes, that democracy assumed a new form. Once back again on the ground of constitutional alterations, the record of Aristotle again becomes novel and important, at any rate to the students of Athe- nian constitutional history. The main reform of Cleisthenes consisted in the abolition of the four ancient tribes, and the division of the citizen- body (which was considerably increased in numbers by additions from outside) into ten new ones. Collaterally with this innovation he made the " deme^"^or parish, the unit of the national organization. Demes apparently had existed before ; but the arrangement of them was now altered, and they were for the first time made an integral portion of the political system, taking xxviii INTR OD UC TION. the place which had formerly been occupied by the bodies known as Naucraries. Aristotle does something to clear up a point which has hitherto been somewhat obscure. It has been recognized that a characteristic feature of this re-organi- zation of Cleisthenes consisted in the sub-division of the tribes into separate geographical sections. Aristotle explain^ Jiow^this was done. Attica included three districts of distinct physical cha- racters, the Lowland, tlie Cbast, and the High- lands, and these had formed the basis of the political parties whose strife had so long dis- tracted the state. Cleisthenes divided each of these districts into ten parts, and he gave one part from each to each of his ten tribes. Each I tribe consequently included within itself repre- I) fsentatives of each of the three rival districts, I and controversy on the ancient lines became ^'^ the future impossible. So far Aristotle only confirms and amplifies the received view of the work of Cleisthenes ; but in certain other respects he departs from it widely. One great innovation which has often been ascribed to Cleisthenes with some con- fidence is the introduction of the system of the lot as the method of conducting elections to poHtical offices. Aristotle makes it clear that it .rrf L INTRODUCTION. «*i* was not so, at any rate in the case of the higher magistrates. When the democracy was firmly estabhshed the lot might safely be instituted as ' a truly levelling measure, which gave the poor and obscure man an equal chance with the rich and powerful ; but when a despotism had but recently been overthrown, and party passions ran high, it would have been the enemies of the democracy who would have gained by the use of the lot. At such a time the people, if left free to choose, would be sure to elect leaders after their oWn heart, and it was necessary to secure the state against an accidental intrusion from some of the friends of the tyrants. Therefore, so far from establishing the method of the lot, Cleisthenes rejected even the modified form of it which had been in existence at an earlier time. Solon had enacted that, for the election of the nine Archons,each of the four tribes then existing should nominate ten candidates, and that then the lot should select the required nine from this body of forty. Cleisthenes, on the other hand, appears to have given the popular Assembly, or Ecclesia, the direct election of the Archons, and ] it was not till some twenty years later that the / lot was once more called into existence. Another institution which is closely connected XXX JNTR OD UC TION. with the name of Cleisthenes is that of Ostra- cism ; and here Aristotle supports the existing tradition, but adds details as to the earhest occasions of its use. It was originally intended, of course, as a safeguard against powerful in- dividuals, such as Pisistratus had been, who, without having made themselves in any way amenable to the ordinary laws, might yet be regarded as dangerous to the state. For over twenty years, however, this weapon remained in its scabbard ; and the reason which Aristotle assigns is noteworthy. He ascribes it to "the usual leniency of the democracy" ; and this testimony is the more remarkable since Aristotle, as appears later, was far from being an un- qualified admirer of popular government. It was not till after the first Persian invasion had shown that there was still danger to be feared from the partisans of the exiled tyrants, that the law of ostracism was put in force against the most prominent men of that faction ; though when the democracy had once tasted blood, it was not unwilHng to seek for fresh victims in other quarters. / The period between the reforms of Cleisthenes and the Persian wars is comparatively un- ..everitful, and Aristotle passes over it very briefly, INTRODUCTION. xxxi telling us merely that Athens grew with the growing democracy. With the victory of Mara- thon a fresh stimulus was given to political life, and Aristotle gives us the main outline of the progress which followed. First there came the earliest application of the law of ostracism, \ already alluded to, by which Hipparchus, the 1 son of Charmus, the leading representative of I the friends of the tyrants, was sent into ban- ^ ishment. Then, since the democracy now felt itself firmer in its seat, the Solonian method of electing Archons was restored, though, as there were now ten tribes instead of four, the total number of candidates among whom the final lot was cast was one hundred. Next came an event which, though not apparently of political bear- ing, was in its results one of the greatest importance to Athens. Silver mines were dis- ^ coveredJn Attica, and, through the shrewdness and foresight of Themistocles, the profit which the' stale' d^^ed from them was devoted, not to a mere distribution among the citizens, but to ship-building, and the hundred triremes thus obtained were the nucleus of the fleet with which, three years later, Athens fought and won the decisive battle of Salamis. When the danger from Persia was over, xxxii INTRODUCTION. Athens entered on a course of political deve^ lopment, on the details of which Aristotle throws much new light. Whatever view may be taken of the authorship of this treatise, the precise dates with which it abounds remain a factor j which all future historians of Greece must take I into account. For the period now under con-^ sideration we have hitherto had the brief, though invaluable, outline contained in the first book of Thucydides, and the interesting, but inexact, narratives given by Plutarch in his Lives. Hence there was certainly room for a record which should enable us to affix precise dates to known events, and to substantiate as facts what were previously conjectures. As an instance of the first, we have the alliance be- tween Athens and the maritime states of the ^gean and Asia Minor, known as the Con- federation of Delos, which is here assigned to 478 B.C., instead of 476 B.C. as has been usually ^supposed. An instance of the second is the ^account which Aristotle gives of the revival of the power of the Areopagus, owing to the prestige which it acquired by its spirited con- duct at the crisis of the struggle with Persia. Aristotle, in passing, gives a brief commenda-^ tion to its administration, which deserves to be INTR OD UC TION. xxxiii noted ; but ultimately this renewed vitality of a body, all the traditions of which were aristo- cratic and exclusive, necessitated the struggle in which the popular Assembly, led by Ephialtes, struck clown the obstacle which prevented the fuller expansion of the democracy. Here again Aristotle provides us with new material of a striking kind. Not only does he fix the date of the downfall of the Areopagus (462 B.C.), which was not hitherto precisely known, but he gives a new and somewhat startling story of the way in which it was accomplished. The ap- pearance of Themistocles in Athens at this time, and as taking an important part in this controversy, is indeed surprising ; and though the story, the details of which will be found in the text, is undeniably characteristic of that clever but unprincipled politician, it will cer- tainly be scrutinized with the utmost jealousy by historians, even by those who do not go on the principle that whatever is new is probably not true. Additional details as to the extension of the range of eligibility to the archonship, though valuable as showing the error of the belief that the office was thrown open to all classes shortly after the Persian wars, may be passed over xxxiv INTRODUCTION. here ; and with the middle of the century we reach the period of the supremacy of Pericles. Here the narrative of Aristotle is at least as remarkable for what it does not say as for what it does. It is clear that Pericles does not re- present to Aristotle so great a figure as he does tQ^^Thucydides. Aristotle does, indeed, recog- nize the loftiness of his character and his free- dom from sordid motives ; but it is clear that he considers the methods of his statesmanship as disastrous, from their opening the door to abuses which baser imitators were prompt to introduce after his death. It was he, according to Aristotle, who first introduced the practice of bribing the people with their own money, J|:)y establishing pay Tor service on the juries in the law-courts. Further, it was he who led the people to dwell on thoughts of a great maritime empire, raising in them expectations which Aristotle apparently thinks were beyond their reach. On both points it may be held that the policy of Pericles admits of defence, and Aristotle fully concedes that during his life- time no evil effects resulted from it. It was only after his strong hand and commanding character had been removed that these effects were visible. Pericles had taught the popular INTR OD UC TION. xxxv Assembly to regard itself as master, and he had taught aspiring politicians how to win its favour. Aristotle's opinion of the "demagogues,' Cleon, Cleophon, and the rest, will be found in the text ; and it need only be observed here that the fact that this opinion is strongly adverse to them cannot be held to destroy the claim of this treatise to impartiality. Sobriety of judg- ment is not inconsistent with definiteness of opinion ; and if Aristotle, in the light of a cen- tury of subsequent history, passed a severe condemnation on the popular leaders who suc- ceeded Pericles, who is there who, looking* at that same history, will venture to say him nay ? But that is a question which cannot now "be argued ; all that is required in this summary of the contents of this treatise, is to note that this judgment is expressed clearly, if not at great length. On the rest of the historical portion of Aristotle's work it will not be necessary to dwell long. The full development of the democracy through all its successive stages is completed with the ascendancy of Pericles, and it only remains to record the vicissitudes which befell it in the last eleven years of the century. Twice was the democracy overthrown, and twice re- stored. Aristotle tells in considerable detail *^^ xxxvi INTR OD UC TION. the story both of the Four Hundred and of the Thirty, and there is no occasion to paraphrase his narrative here. It is only to be observed that in reference to the former his account of the constitution set up by the oligarchs (which is described at great length) differs in several points from the shorter version of Thucydides ; and that his narrative of the period of the Thirty is frequently irreconcilable with Xeno- phon. To describe all the points Involved would be wearisome, and for the most part they interest only the professed historian ; neither is it possible, without a more prolonged con- sideration of the evidence, to determine how far the new treatise is to be accepted as the final guide in these matters. With the expulsion of the Thirty Tyrants and the restoration of the democracy, in the year 403 B.C., Aristotle closes his review of the his- torical development of the Athenian constitution. He had traced it from its earliest beginnings under a monarchy to the final establishment of a complete and unfettered democracy ; and he sums it up in a table of eleven stages through which it had passed (ch. 41). The three-quarters \ of a century which separated his own time from Hhe events just recorded seem to have offered INTRODUCTION. xxxvii to him nothing of interest from the point of viev/ of constitutional history. The democracy was established to the fullest extent, and there was no room for further development of it. All that could be done was to set forth the nature of that democracy in its matured working. It would have been exceedingly interesting if Aris totle had elected to illustrate this by concrete instances of the treatment of great questions by the sovereign Assembly, and to show how the good and bad features of democratic govern- ment were brought out in actual practice. But it can easily be understood that there might be many reasons to deter him from such a study of contemporary history ; and accordingly his representation of the completed democracy takes the form of a statement of the machinery of government as it existed in his own dajr. /• This forms the second part of the treatise (ch. 42— end), and in the course of it he describes the method of enrolling citizens, the manner of conducting business in the Council and the Assembly, the duties of the Council and the magistrates who act in concert with it, the numbers and duties of the magistrates in general (with an especially detailed account of the functions of the Archons), the payment xxxviii INTR OD UC TION. which the magistrates received, and finally the procedure of the law-courts. The last section, which was also the longest, is unfortunately mutilated in such a way as to make the deci- pherment of the text Hopeless ; but in the rest of this portion of the treatise we have an in- valuable hoard of information for all who are interested in the minuter details of Athenian life and government. Much of it has, it is true, been known before ; for the compilers of lexi- cons and the writers of commentaries in the early centuries of our era made free use of so precise and excellent an authority. Still many fresh details are brought to light, many conjec- tures confirmed and not a few refuted, and throughout the authority of a contemporary author (whether that author be Aristotle or another) is substituted for the unequal and uncertain value of the compilations in which the information was hitherto embedded. No doubt the contents of this portion of the treatise are mainly of interest to the professed student and historian ; but still there they are, and who- ever may desire to read them has the satisfaction of knowing that he is dealing with a first-hand authority. This sketch of the leading features of the INTRODUCTION. xxxlx Constitution of Athens has necessarily been very incomplete. It is impossible to explain briefly the precise bearing of each of its state- ments on the history as we have hitherto known it ; but it may have been possible to show something of the nature of the work, and of the directions in which it may be ex- pected to modify the received tradition. The main outlines, no doubt, remain the same ; and indeed it would not have inspired con- fidence in the new treatise if it had been found to contradict materially authorities so good as Herodotus and Thucydides. It is rather in supplementing them where they are deficient, and in giving precision where they are obscure, that the value of the new material is greatest. Wliat precisely that value is it is impossible to say at present. Certainly it must be looked for in the matter, not in the manner. There is no attempt _at an attractive Hterary style in the^ original, and the reader cannot expect to find more in the translation. The st^le is sober, plain, straightforward, sometimes flat and dry. - But the matter is plentiful and close-packecl, and / touches at every point on things of the greatest ) interest to the historian. It may be that this generation, which has been brought up on Jtl INTRODUCTIOJ^. histories uninfluenced by the evidence of Aris^ totle, is not in a position to weigh it accurately and fairly, without predispositions either for it 01: against it, simply bicause it is new. It may be that only a later age will be able to make full and proper use of the material which this age has been fortunate enough to discover ; but no superiority in dispassionateness and judg- ment which future generations may possess can outweigh the pleasure and the excitement of having been present at such a resurrection of the dead ; of having had the privilege to read as new . >vork written more than two thousand years ago. and which for some twelve or thir^ teen hundred years no mortal eye had seen ; and of knowing that this may be only the fore- runner of many such discoveries, Which may give back to us yet other masterpieces of the literature of that marvellous race to which the modern world owes the greater part of its culture and of its artistic inspiration. The duty of a trahslatbr of such a work as ^this is coniparatively simple. Where there is / little or no literary style in the Original, any attempt at such a style would be out of place in V a'translation. Thfe manner of the writer is not INTRODUCTION. jtll SO involved or idiomatic as to justify or require any considerable departure from the structure of the original. The most that can be aimed at is faithfulness to the meaning of the text> with such amount of precision and directness of expression as that text may seem to contain. At the same time it would be too much to hope that a final interpretation of all doubtful pas- sages has been reached. Even the text of the original is not yet in a settled condition, and will not be so for a long time to come. Under these circumstances a certain amount of indul- gence may perhaps be claimed, though it is to be hoped that in all material points the sense of the original has been truly represented. A translation of such a work is not offered to scholars and specialists, who have no need to look beyond the original. At the same time, as this translation may possibly be consulted by some who use the Greek text, all departures from the printed text which involve any altera- tion of meaning have been mentioned in foot- notes. But for the most part a translation is necessarily meant for those who hav? not access to the original, and therefore the majority of the notes which have been added are intended to make the obscurer passages and allusiOTis jtlH INTR OD UC TIO.V. clear to those who do not use any annotated edition of the Greek. • There remains only the pleasant duty of re- turning thanks to those who have given their assistance to this work. This is, perhaps, hardly the place to refer to the many kind and friendly criticisms which have been received, both from home and from abroad, with reference to the published edition of the Greek text ; but full use has been made of these criticisms, so far as they assisted the very necessary work of reforming the text to be translated, or were otherwise available for the present purpose. But especially I wish to thank most sincerely my friends Mr. F. Haverfield, assistant-master of Lancing Col- lege, and Mr. A. H. Cruickshank, Fellow of New College, Oxford, and assistant-master of Harrow School, for their kindness in revising the proofs of the translation, and for the many improvements which they have suggested. Finally, the translation has profited greatly by the advice and criticisms of a sister, to whom, in other respects also, I owe more than a mere acknowledgment can repay. Aprils i8qi. XJNIVEESITl ARISTOTLE ON THE ATHENIAN CONSTITUTION. .... [They ^ were tried] by a court empanelled from among the noble families, and sworn upon the sacrifices. The part of accuser was taken 1 The narrative opens with the trial of the Alcmeonidae for sacrilege. Cylon, a young noble, had attempted to seize des- potic power by force ; but his attempt failed, and his adherents fled to sanctuary, which they were only induced to leave under a safe conduct. This was violated by the archon Megacles, one of the great house of the Alcmeonidae, who caused them all to be put to death ; a sacrilege which was supposed to be the cause of the misfortunes which subsequently befell Athens, until the Alcmeonidae submitted themselves to trial. The date of Cylon's attempt to set himself up as tyrant has hitherto been doubtful, but it is clear from this treatise that it occurred before the time of Draco ; and, as Cylon was an Olympic victor in 640 B.C., and was apparently still a young man at the time of his attempt, the latter (which took place in an Olympic year) may be assigned to 6^2 B.C. The expulsion of the Alcmeonidae did not take place till many years afterwards ; and the visit of Epimenides, to purify the city from the pollution which still seemed to briiig ill-fortune on it, probably took place about 596 B.C., shortly B 2 ARISTOTLE ON THE [ch. i. by Myron. They were found guilty of the sacri- lege, and their dead were cast out of their graves and their race banished for evermore. Moreover, in addition to this,^ Epimenides the Cretan performed a purification of the city. p^i. After this event there was contention for a long time between the upper classes and the f populace. Not only was the constitution at this time oligarchical in every respect, but the poorer classes, men, women, and children, were in •absolute slavery to the rich. They were known as Pelatae^andalsoas Hectemori,^ because they cultivated the lands of the rich for a sixth part of the produce.^ The whole country was in the hands of a few persons, and if the tenants failed to pay their rent they were liable to be haled into slavery, and their children with them. Their persons were mortgaged to their creditors, a custom which prevailed until the time of Solon, who was the first to appear as a leader of the people. But the hardest and bitterest part of the condition of the masses was the fact that befare the legislation of Solon. Aristotle is here carrying down the story of Cylon's attempt to its conclusion, and he subse- quently goes back to the reforms of Draco, which, chrono- logically, intervene between the conspiracy of Cylon and the expulsion of the Alcmeonidae. 1 Or, "Upon this " ; the chronological relation of the visit of Epimenides to the expulsion of the Alcmeonidae is uncertain. 2 This word is used by Plutarch to represent the Roman ** client," but the position of the Greek pelates seems to have been one of more marked inferiority than that of the Roman client, and to correspond to the serf in early English history. 3 i.e. those who recei^Cd a sixth portion. CH. 3.] A THENIAN CONSTITUTION. 3 they had no share in the offices ^ then existing under the constitution. At the same time they were discontented with every other feature of their lot ; for, to speak generally, they had no part nor share in anything. 3. Now the ancient constitution, as it existed before the time of Draco, was organized as follows. The magistrates were elected according to qualifications of birth and wealth. At first they governed for life, but subsequently for terms of ten years.^ The first magistrates, both in date and in importance, were the King, the Pole- march [ = commander in war], and the Archon. The earliest of these offices was that of the King, which existed from the very beginning. To this was added, secondly, the office of Pole- 1 The word corresponding to this in the Greek is illegible in the MS., and it is uncertaiif whether this is the right restoration. 2 The absolute monarchy appears to have ended with Codrus, whose traditional date is about 1066 B.C. With the accession of his son, Medon, a change was evidently made in the nature of the kingly power, which appears to be described in the first part of this sentence. It seems that the Areopagus (as to the origin of which we know nothing, but which certainly existed from a very early time and possessed very considerable power) hence- forth elected the king for life from the members of the kingly house ; and with him were associated the Polemarch and the Archon, the latter officer, as stated below, being called into existence at that time. In 752 B.C. the title of Archon was transferred from the third to the chief magistrate of the state. He was still elected from the royal house, but his term was limited to ten years ; and the title of king was transferred to the second magistrate, with functions chiefly sacrificial. After four Archons had ruled on these conditions, the office was thrown open to all the Eupatridae, or nobles; and in 682 B.C. the board of nine annual archons was substituted for the decennial archon. 4 ARISTOTLE ON THE [cH. 3. march, on account of some of the kings being feeble in war; for which reason lon^ was invited to accept the post on an occasion of pressing need. The last of these three offices was that of the Archon, which most authorities state to have come into existence in the time of Medon. Others assign it to the time of Acastus,^ and adduce as proof the fact that the nine Archons take oath to administer the state "as in the days of Acastus," which seems to suggest that . \i was in his reign that the descendants of jtodrus abandoned a part of their prerogative in favour of the Archon.^ It is not a matter of much importance, however, and in any case the office came into existence about that period ; but that it was the last of these magistracies to be created is shown by the fact that the Archon has no part in the ancestral sacrifi«es, as the King and the Polemarch have, but only in those of later origin.* So it is only at a comparatively late date that the office of Archon has become of great importance, by successive accretions of power. The Thesmothetae ^ were appointed many years afterwards, when these offices had 1 Ion was said to have come to the assistance of his grand- father Erechtheus, when the latter was engaged in war ^ith Eumolpus of Eleusis, and to have been made Polemarch, or commander-in-chief, of the Athenians. 2 The successor of Medon. 3 This sentence, after the word " Codrus," is mutilated in the MS., and the sense is here supplied conjecturally. 4 The passage is mutilated in the MS., and the supplement is partly due to Mr. Wyse. 5 The six junior archons. CH. 3-] ATHENIAN CONSTITUTION. 5 already become annual ; and the object of their creation was that they might record in writing alljiegal decisions, and act as guardians of them with a view to ' executing judgment upon trans- gressors of the law. Accordingly their office, alone of those which kave been mentioned, was never of more than annual duration. So far, then, do these magistrates precede all others in point of date. At that time the nine | Archons did not all live together. The King / occupied the building now known as the Buco- lium, near the Prytaneum, as may be seen from the fact that even to the present day the marriage of the King's wife to Dionysus ^ takes place there. The Ar'chon lived in the Prytaneum, the Polemarch in the Epilyceum. The latter building was formerly called the Polemarcheum, but after Epilycus, during his term of office as Polemarch, had rebuilt it and fitted it up, it was called the Epilyceum. The Thesmothetae occu- pied the Thesmotheteum. In the time of Solon, 1 however, they all came together into the Thes- motheteum. They had power to decide cases fmaily on their own authority, not, as now, merely to hold a preliminary hearing. Such, then, was the arrangement of the magistracies. The Council of Areopagus had as its constitu- * tionally assigned duty the protection of the laws ; but in point of fact it administered the greater 1 The wife of the king-archon every year went through the ceremony of marriage to the god Dionysus, at the feast of the: Antiiestiiria. 6 ARISTOTLE ON THE [ch. 3. and most important part of the government of the state, and inflicted personal punishments and fines summarily upon all who misbehaved them- selves. This was the natural consequence of the facts that the Archons were elected under qualifi- cations of birth and wealth, and that the Areo- pagus was composed of those who had served as Archons; for which latter reason the member- ship of the Areopagus is the only office which has continued to be a life-magistracy to the present day. 4. Such was, in outline, the first constitution ; but not very long after the events above re- corded, in the archonship of Aristaichmes,^ Draco drew up his legislation. The organization he established had the following form. The ffan- /chise was given to all who could furnish them- \_^selves with a military equipment. The nine Archons and the Treasurers were elected by this body from persons possessing an un- encumbered property of not less than ten minas, the less important officials from those who could furnish themselves with a military equipment, and the generals [Strategi] and com- m.anders of the cavalry [Hipparchi] from those who could show an unencumbered property of not less than a hundred minas, and had children born in lawful wedlock over ten years of age. This qualification was to apply to the Prytanes,^ 1 The name of this archon is not otherwise knowTi, but the traditional date of Draco is 621 B.C. 2 The Prytanes were the presidents of the Council and Assem- CH. 4.] ATHENIAN CONSTITUTION. 7 the Strategi, and the Hipparchi/ .... There was also to be a Council, consisting of four hundred and one members, elected by lot from among those who possessed the franchise. Both for this and for the other magistracies ^ the lot was cast among those who were over thirty years of age ; and no one might hold office twice until everyone else had had his turn, after which they were to cast the lot afresh. If any member of the Council failed to attend when there was a sitting of the Council or of the Assembly, he paid a fine, to the amount of three drachmas, if he was a Pentacosiomedimnus,^ two if he was a Knight, and one if he was a Zeugites. The Council of Areopagus was guardian of the laws, and kept watch over the magistrates to see that they bly in later days ; see ch. 43. They have not hitherto been known to have existed so early as Draco, but presumably they were created as presidents of the new Assembly which he called into existence, consisting of all those who could furnish them- selves with the full equipment of a heavy infantry soldier. 1 The rest of the sentence is mutilated in the MS., and it is impossible to be certain of the sense of it. 2 i.e. the other magistracies to which election was made by lot. It does not mean that all the magistrates were at this time elected by lot, which certainly was not the case. This is the first appearance of the principle of the lot in Athenian politics, and, if the record is correct, it is certainly surprisingly early for it to have been adopted ; but, as Dr. H. Jackson has pointed out, the conclusion of this sentence shows that the idea upon which it rested was that every person holding the franchise was qualified for office and was expected to hold it in turn, and the lot simply determined in what order they should serve. 3 The meanings of these terms are explained in ch. 7. It has not hitherto been known that this division into classes according to property existed before the time of Solon. 8 ARISTOTLE ON THE [ch. 4. executed their offices in accordance with the laws. Any person who felt himself wronged might lay an information before the Council of Areopagus, on declaring what law was broken by the wrong done to him. But, as has been said before, the persons of the people were mort- gaged to their creditors, and the land was in the hands of a few. 5. Now seeing that such was the organization of the constitution, and that the many were in slavery to the few, the people rose against the upper class. The strife was keen, and for a long time the two parties were face to face with /one another, till at last,^ by common consent, /they appointed Solon to be mediator and lArchon, and committed the whole constitution \ to his hands. The immediate cause of his appointment was his poem, which begins with the words, — I see, and within my heart deep sadness has claimed its place, As I look on the oldest home of the ancient Ionian race : ^ and so he continues,^ fighting and disputing on behalf of each party in turn against the other, and finally he advises them to come to terms and put an end to the quarrel existing between 1 The traditional date for Solon's legislation is 594 B.C. 2 A passage of considerable length, which evidently comes from the same poem, is quoted by Demc^thenes {de Fals. Leg. ch. 255), but this beginning of it has not hitherto been known, nor yet the four lines quoted just below. 3 The reading of the MS. is extremely doubtful here, and perhaps it should be restored ** and so throughout the poem he figiits and disputes," etc. 4 CH. 6.] ATHENIAN CONSTITUTION them. By birth ^ and reputation Solon was one j of the foremost men of the day, but in wealth and I position he was of the middle class, as is mani- | fest from many circumstances, and especially from his own evidence in these poems, where he exhorts the wealthy not to be grasping. But ye who have store of good, who are sated and overflow. Restrain your swelling soul, and still it and keep it low : Let the heart that is great within you be trained a lowlier way ; Ye shall not have all at your will, and we will not for ever obey. Indeed, he constantly ascribes the origin of the conflict to the rich ; and accordingly at the beginning of the poem he says that he fears " the love of wealth and an overweening mind," evidently meaning that it was through these that the quarrel arose. 6. As soon as he was at the head of affairs, Solon liberated the people once and for all, by prohibiting all loans on the security of the| person of the debtor : and at the same time he ! made laws by which he cancelled all debts, j public and private. " Tliis measure is comriionly \ calleSTThF^etsachtheia [== removal of burdens], ) since thereby the people had their loads removed \ from them. In connection with it some persons try to traduce the character of Solon. It so happened that, when he was about to enact the Seisachtheia, he announced his intention to some members of the upper class, and then, as 1 Reading ^-^' CH. 7.] A THEN I A N CONS TITUTION, x 1 on the pillars,' and set up in the King's Porch, and all swore to obey them ; and the nine Archons made oath upon the stone ^ and declared that they would dedicate a golden statue if they should transgress any of them.^ , ^^ This is the origin of the oath to that effect which \ tfe^ they take to the present day. Solon ratified his :)' -'iWij^ laws for a hundred years ; and the following was the fashion of his organization of the consti- . tution. He made a division of all rateable pro- perty into four classes, just as it had been divided before,^ namely, Pentacosiomedimni, Knights, Zeugitae, and Thetes/ The various magistracies, namely, the nine Archons, the Trea- surers, the Commissioners for Public Contracts [Poletae], the Eleven,^ and the Exchequer Clerks [Colacretae],^ he assigned to the Pentacosio- 1 i.e. the well-known pillars, or, as they are rather believed to have been, triangular tablets forming a pyramid, made of wood. 2 See ch. 55, near the end. 3 This division has hitherto been universally ascribed to Solon. What he actually did was apparently to take this property qualifi- cation, which hitherto had no direct connection with the political organization, and make it the basis of the constitution, substi- tuting a qualification of wealth for the qualification of birth. 4 The name Pentacosiomedimnus means one who possesses 500 measures, as explained in the text below ; that of Knight, or Horseman, implies ability to keep a horse ; that of Zeugites, ability to keep a yoke of oxen ; while the Thetes were ori- ginally serfs attached to the soil. 5 The superintendents of the state prison ; see ch. 52. 6 These officers, whose original function was said to have been to "collect the pieces after a sacrifice," were the Treasury officials in early times, who received the taxes and handed them over to be kept by the Treasurers. In later times the X2 ARISTOTLE ON THE [ch. 7. meclimni, the Knights, and the Zeugitae, giving . offices to each class in proportion to the value \ of their rateable property. To those who ranked J among the Thetes he gave nothing but a place in j the Assembly and in the juries. A man had to rank as a Pentacosiomedimnus if he made, from his own land,^ five hundred measures, whether liquid or solid. Those ranked as Knights who made three hundred measures, or, as some say, those who were able to maintain a hor^e. In support of the latter definition they adduce the name of the class, which may be supposed to be derived from this fact, and also some votive offerings of early times ; for in the Acropolis there is a votive offering, a statue of Diphilus,^ bearing this inscription : — The son of Diphilus, Anthemion hight, Raised from the Thetes and become a Kniglit, Did to the gods this sculptured charger bring. For his promotion a thank-offering. And a horse stands beside the man, which seems to show that this was what was meant by be- longing to the rank of Knight. At the same Colacretae seem to have ceased to exist, and they are not mentioned in Aristotle's enumeration of the officials in his own day. 1 Reading ynq, as suggested by Mr. By water, for the MS. rrj^ 2 Mr. A. S. Murray has pointed out that this must be a mis- take, either of Aristotle, or, more probably, of the copyist. The statue set up by Anthemion must have been his own, not his father's, since the latter, as the inscription proves, could not properly have been represented with a horse, as he was only a member of the Thetes. We should therefore read '* a statue of Anthemion, son of Diphilus." CH. 8.] ATHENIAN constitution: 13 time it seems more reasonable to suppose that this class, like the Pentacosiomedinmi, was defined by the possession of an income of a certain number of measures. Those ranked as Zeugitae'^-^^ho'made two hundred measures, liquid or solid ; and the rest ranked as Thetes, and were not eligible for any office. Hence it is that even at the present day, when a candidate for any office is asked to what rank he belongs, no one would think of saying that he belonged to the Thetes. 8. The elections to the various offices Solon enacted should be by lot, out of candidates selected ^y each of the ^tribes. Each tribe selected ten candidates for the nine archonships, and among these the lot was cast. Hence it is still the custom for each tribe to choose ten candidates by lot, and then the lot is again cast among these. A proof that Solon regulated the elections to office according to the property classes may be found in the law which is still in force for the election of the Treasurers, which enacts that they shall be chosen from the Pentacosiomedimni.^ Such was Solon's legislation with respect to the nine Archons ; whereas in early times the Council of Areopagus ^ 1 That this qualification was, in Aristotle's own time, purely nominal, appears from ch. 47, where It is stated that the person on whom the lot falls holds the office, be he ever so poor. 2 This statement is of great value, as nothing has hitherto been known concerning the way in which the archons and other magistrates were appointed previo-is t-j the time of So on. The elections by the Areopagus, which may have begun as early as the 14 ARISTOTLE ON THE [ch. 8. summoned suitable persons according to its own judgment and appointed them for the year to the several offices. There were four tribes, as before, and four tribe-kings. Each tribe was divided into three Trittyes [= Thirds], with twelve Naucraries ^ in each ; and the Naucraries had officers of their own, called Naucrari, whose duty it was to superintend the current receipts and expenditure. Hence among the laws of Solon now (as is natural) obsolete, it is written that the Naucrari are to receive and spend out \ of the Naucraric fund. Solon also appointed a i Council of four hundred, a hundred from each , ■ tribe ; but he still assigned to the Areopagus j J the duty of superintending the laws. It con- I \ tinned, as before, to be the guardian of the ^ constitution in general ; it kept watch over the citizens in all the most important matters, and corrected offenders, having full powers to inflict either fines or personal punishment. The money received in fines it brought up into the Acropolis, without assigning the reason for the punishment ; and Solon also gave it the power to try those who conspired for the overthrow of the state. first successors of Codrus, apparently lasted till the reforms of Draco, by which the franchise was conferred on all who could furnish a military equipment, and the magistrates were presumably thenceforward elected in the general Ecclesia or Assembly. 1 It appears from ch. 21 that the Naucraries were local divi- sions, which, under the constitution of Cleisthenes, were re- placed by the demes. The division of tribes into Trittyes and Naucraries existed before the time of Solon, as appears from Herodotus (v. 71), and they are only mentioned here as continuing under Solon's constitution, not as created by him. CH. 9-] ATHENIAN CONSTITUTION. Such were Solon's regulations concerning the Areopagus. Further, since he saw the state often engaged in internal disputes, while many of the citizens from sheer indifference waited ^ to see what would turn up, he made a Jaw: with- express reference to such persons^enacting. that anyone who, in a time of civil factions, did not take. up arms with either party, should lose his rights as a citizen and cease to have any part in the state. .9. Such, then, was his legislation concerning the magistrates of the state. There are three points in the constitution of Solon which appear to be its most democratic features : first and most important, the , orohibition of loans on the security of the debtor's per slon'^r secondly, the right of every person who so willed to bring an action ^ on behalf of anyone to whom wrong was being done ; thirdly, the institution of the appeal to the law-courts ; and it is by means of this last, they say, that the masses have gained strength most of all, since, when the democracy is master of the voting-power, it is master of the constitution.^ Moreover, since the laws were ^^^A^[ 1 Reading irfpt/u-gvovraf. 2 Reading ypa^one by remaining in Athens, he set off on a journey to Egypt, to the neighbourhood of the city of Canopus, for ten years, with the combined objects of trade and travel. He con- sidered that there was no call for him to expound the laws personally, but that everyone should obey them just as they were written. Moreover, his position at this time was such that many members of the upper class had been estranged from him on account of his abolition of debts, and both parties were alienated through their disappointment at the condition of things which he had created. The mass of the people had | expected him to make a complete redistribution ' of all property, and the upper class hoped he \.^ would restore everything to its former position 4. V; 1 The MS. has "sixty- three," but this must certainly be a mistake, as there is no evidence that the number of minas in a talent was ever other than sixty. 2 The stater was a four-drachma pieces 3 Substituting aury, the true reading of the MS., for the printed Travxef. C iB ARISTOTLE ON THE [ch. ii. and since he disappointed these expectations he was regarded with hostiUty by both classes. He might have made himself a despot by attaching himself to whichever party he chose, but he preferred, though at the cost of incurring the enmity of both, to save the country and establish the best laws that were possible, 12. The truth of this view of Solon's policy is established alike by the common consent of all, and by the mention which he has himself made of it in his poems.^ Thus : — I gave to the mass of the people such rank as befitted their need, I took not away their honour, and I granted naught to their greed ; But those who were rich in power, who in wealth were glorious and great, I bethought me that naught should befall them unworthy their splendour and state ; And I stood with my shield outstretched, and both were safe in its sight. And I would not that either should triumph, when the triumph was not with right. Again he declares how the mass of the people ought to be treated : — 1 The first two quotations were known previously, though the last couplet of the second occurs in the collection ascribed to Theognis and only the first line of it was known to be Solon's. The third passage is mostly new, but the fourth and fifth lines are quoted by Plutarch, and part of the sixth and seventh by Aristides. The three remaining passages, which all belong to one poem, were mostly known before ; but the first two lines are new, and also the second of the three quotations, and the recurrence in the opening of the third passage of a phrase used in the first has hitherto caused some confusion of the two quota- tions. CH. 12.] ATHENIAN CONSTITUTION. 19 But thus will the people best the voice of their leaders obey, When neither too slack is the rein, nor violence holdeth the sway ; For satiety breedeth a child, the presumption that spurns control, When riches too great are poured upon men of unbalanced soul. And again elsewhere^ he speaks about the persons who wished to redistribute the land : — So they came in search of plunder, and their cravings knew no bound, Every one among them deeming endless wealth would here be found, And that I with glozing smoothness hid a cruel mind within. Fondly then and vainly dreamt they ; now they raise an angry din. And they glare askance in anger, and the light within their eyes Bums with hostile flames upon me. Yet therein no justice lies. All I promised, fully wrought I with the gods at hand to cheer, Naught 2 beyond of folly ventured. Never to my soul was dear With a tyrant's force to govern, nor to see the good and base Side by side in equal portion share the rich home of our race. Once more he speaks of the destitution of the poorer classes and of those who before were in servitude, but were released owing to the Seisachtheia : — Wherefore I freed the racked and tortured crowd From all the evils that beset their lot, Thou, when slow time brings justice in its train, mighty mother of the Olympian gods, Dark Earth, thou best canst witness, from whose breas 1 swept the pillars 3 broad-cast planted there. 1 Reading 11 aWo^i irou, as suggested by Mr. Bywater, for JtayvwSi TToO', the writing in the MS. being nearly obliterated. 2 Reading ov for aZ. 3 These were the pillars set up pn mortga^d lands, to recortj the fact of the encumbrance. ' so ARISTOTLE ON THE [ch. 12. And made thee free, who hadst been slave of yore. And many a man whom fraud or law had sold Far from his god-built land, an outcast slave, I brought again to Athens ; yea, and some. Exiles from home through debt's oppressive load, Speaking no more the dear Athenian tongue, But wandering far and wide, I brought again ; And those that here in vilest slavery Crouched 'neath a master's frown, I set them free. Thus might and right were yoked in harmony, Since by the force of law I won my ends And kept my promise. ( Equal laws I gave To evil and to good, witli even hand Drawing straight justice for the lot of each. But had another held the goad as I, One in whose heart was guile and greediness, He had not kept the people back from strife. For had I granted, now what pleased the one. Then what their foes devised within their hearts,! Of many a man this state had been bereft. Therefore I took me strength from every side And turned at bay like wolf among the hounds. And again he reviles both parties for their grumblings in the times that followed : — Nay, if one must lay blame where blame is due, Wer't not for me, the people ne'er had set Their eyes upon these blessings e'en in dreams : — But greater men, the men of wealthier life. Should praise me and should court me as their friend. For had any other man, he says, received this exalted post, — He had not kept the people back, nor ceased Till he had robbed the richness of the milk. But I stood forth, a landmark in the midst, And barred the foes from battle. 1 Restoring, in the latter part of the line, the reading, a^fljf V u Totriv ovTspgi [or ouT€f?o»] \ After his retire- ment the city was still torn by divisions. For four years, indeed, they lived in peace ; but in the fifth year after Solon's government they were unable to elect" an Mete the dissensions, and again four years later they elected no Archon for the same reason. Sub- sequently, after a similar period had elapsed,^ Damasias was elected Archon ; and he governed for 't\va yedTT and two months, until he was forcibly expelled from his office. After this it was agreed, on account of the dissensions, to elect ten Archons, five from the Eupatridae, three 1 from the Agroeci, and two from the Demiurgi ;'^ | and these officers ruled for the year following | Damasias. It is clear from this that the Archon was at that time the magistrate who possessed 1 i.e., in 582 B.C. This episode of Damasias is not mentioned elsewhere. It evidently represents an attempt to establish a despotism by the process of refusing to quit office when it had bean once obtained. Damasias was successful in remaining in office for a second year ; but when he tried to continue his rule for a third year he was summarily expelled, evidently by a com- bination of all classes in the state, since the provisional govern- ment which succeeded him was composed of representatives of all. 2 These three classes, the Eupatridae or nobles, the Agroeci orhusbandmen;"ahd the Demiurgi or artisans, were the primitive divisions of the inhabitants of Attica. The reversion to this classification at the time of Damasias seems to show that the Solonian classification by property had given offence, pre- sumably to the noble families, and that the latter, being obliged to admit the lower orders to a share in the government, preferred to do so under the nomenclature of the older divisions. aa . ARISTOTLE ON THE [ch. 13. the greatest power, since it is always in connec- tion with this' oiffice that conflicts are seen to arise. But altogether they were in a continual state of internal disorder. Some found the cause and justification of their discontent in the abolition of debts, because thereby they had been reduced to poverty ; others were dis- satisfied with the political constitution, because it had undergone a revolutionary change ; while with others the motive was found in personal rivalries among themselves. The parties at this time were three in number. First there was the party of the Shore, whose leader was Megacles the son of Alcmeon,^ which was considered to aim at a moderate form of government ; then there were the men of the Plain, who desired an oligarchy and were led by Lycurgus ; and thirdly there were the men of the Highlands, at the head of whom was Pisistratus, who was looked on as an extreme democrat. To this latter party were attached those who had been deprived of the debts due to them, from motives of poverty, and those who were not of pure descent, from motives of personal apprehension.^ A proof of this is seen in the fact that after the tyranny^ 1 This, and not Alcmaeon, seems to be the most correct spelling of the name, according to inscriptions of good date, which are our earliest evidence on the subject. The MS. of this treatise also supports this view. 2 They were afraid of losing their position as citizens if the party of the extreme oligarchs triumphed. 3 The name of " tyrants " has been so universally applied to the Greek despots, that it would be pedantry to avoid using it CH. 14.] ATHENIAN CONSTITUTION. 23 was overthrown^ a resolution was passed to the effect that many persons were partaking in the franchise without having a right to it. The names given to the respective parties were de- rived from the districts in which they held their lands. 14. Pisistratus had the rejputatioij, jof beiiig ?tU extreme democrat, and Tie also had distinguished himself greatly in the war with Megara.'* Taking advantage of this, he wounded himself, and by representing that his injuries had been inflicted on him by his political rivals, he persuaded the people, through a motion proposed by Aristion, to grant him a body-guard. After he had got these "club-bearers," as they were called, he made an attack with them on the people and seized the AcropoHs. This happened in the as the translation of rupawoi, but it will of course be understood that not all the persons thus described were ** tyrants " in the modem unpleasant sense of the word. Pisistratus himself, as Aristotle testifies, was a notable instance to the contrary. 1 Reading xaraXucrtv, which appears to be the real reading of the MS., instead of yLaTajtrroLViW , and restoring 5i<|>»(r/xov imme- diately afterwards for lia^r\yn gold";^ since later the government became much harsher, owing to the excesses of his sons. The quality which gave most satisfaction of all was his popular and kindly disposition. In his whole administration he was accustomed to observe the laws, without giving himself any exceptional privileges. Once he was summoned on a charge of homicide before the Areopagus, and he appeared in person to make his defence ; 1 Literally "the age of Cronos," or, in its Latin parallel, ** the Saturnianage." CH. 17.] ATHENIAN CONSTITUTION. ap but the prosecutor was afraid to present himself and abandoned the case. For these reasons his government continued long, and whenever he was expelled he regained his position easily. The majority alike of the upper class and of the people were in his favour ; the former he won ^ by his social intercourse with them, the latter by the assistance which he gave to their private purses, and his nature fitted him to win the hearts of both. Moreover, the laws in reference to tyrants at that time in force at Athens were very mild, especially the one which applies more particularly to the subject.^ The law ran as follows : " These are the ancestral statutes of the Athenians ; if any persons shall make an attempt to establish a tyranny, or if any person shall join in setting up a tyranny, he shall lose his civic rights, both himself and his whole house." 17. Thus did Pisistratus grow old in the possession of power, and he died a natural death in the archonship of Philoneos,^ three and thirty years from the time at which he first established himself as tyrant, during nineteen of which he was in the possession of power ; the rest he spent in exile. It is evident from this that the story is mere gossip which states that Pisistratus was the youthful favourite of Solon and com- 1 The MS. has TrpooiiyeTo. 2 It is possible that the passage (which is corrupt in the MS.) should be restored so as to run " to the establishment of the tyranny. " 3 527 B.C. 3a ARISTOTLE ON THE [ctt. 18. the plot talking familiarly with him. Thinking that he was betraying them, and desiring to do something before they were arrested, they rushed down and made their attempt without waiting for the rest of their confederates, and killed Hipparchus near the Leocoreum while he was engaged in arranging the procession. This, however, ruined the design as a whole ; and, of the two leaders, Harmodius was killed on the spot by the guards, while Aristogeiton was arrested later, and perished after suffering long tortures. While under the torture he accused many persons who belonged by birth to the most distinguished families and were also personal friends of the tyrants. At first the government could find no clue to the conspiracy ; for the current story, ^ that Hippias made all who were taking part in the procession leave their arms, and then detected those who were carrying secret daggers, cannot be true, since at that time they did not bear arms in the processions, this being a custom instituted at a later period by the de- mocracy. According to the story of the popular party, Aristogeiton accused the friends of the tyrants with the deliberate intention that the latter might commit an impious act, and at the same time weaken themselves ^ by putting to death innocent men who were their own friends ; others say that he told no falsehood, but was 1 This is the version given by Thucydides, which Aristotle evidentlj' wishes to correct. 2 The reading of the MS. is probably oc-SevfTj, not ayevveTf. CH. 19.] ATHEh^IAN CONSTITUTION. 33 betraying the actual accomplices. At last, when for all his efforts he could not obtain release by death, he promised to give further information against a number of other per- sons; and, having induced Hippias to give him his hand to confirm his word, as soon as he had hold of it he reviled him for giving his hand to the murderer of his brother, till Hippias, in a frenzy of rage, lost control of himself and drew out his dagger and des- patched him. 19. After this event the tyranny became much harsher. In consequence of his vengeance for his brother, and of the execution and banishment of a large number of persons, Hippias became a dis- trustful and an embittered man. About three years after the death of Hipparchus, finding his position in the city insecure, he set about for- tifying Munychia, with the intention of removing thither. While he was still engaged on this work, however, he was expelled by Cleomenes, king of Lacedaemon, in consequence of the Spartans being continually warned by oracles to overthrow the tyranny. The oracles were obtained in the following way. The Athenian exiles, headed by the Alcmeonidae, could not by their own power effect their return, but failed continually in their attempts. Among their other failures, they fortified.a post in Attica, Lipsydrium, above Mt. Parnes, and were there joined by some partisans from the city ; but they were besieged by the tyrants and reduced to surrender. After D 34 ARISTOTLE ON THE [ch. 19. this disaster the following became a popular drinking song : — Ah ! for Lipsydriiim, name of woe And treachery ; ah I for the men laid low. Nobly born and great in deed ; Well did they prove themselves at need Of noble sires a noble seed. Having failed, then, in every other method, they took the contract for rebuilding the temple at Delphi,^ using for that purpose the considerable wealth which they possessed, with the view of securing the help of the Lacedaemonians. The Pythia accordingly was continually enjoining on the Lacedaemonians who came to consult the oracle, that they must free Athens ; and very soon she succeeded in turning the Spartans in that direction, although the house of Pisistratus was connected with them by ties of hospitahty. At the same time the resolution of the Lacedae- monians was at least equally due to the friendship which had been formed between the house of Pisistratus and Argos.^ Accordingly they first sent Anchimolus by sea at the head of an army ; but he was defeated and killed, through the arri- val of Cineas of Thessaly to support the sons of Pisistratus with a force of a thousand horsemen. Then, being roused to anger by this disaster, they sent their king, Cleomenes, by land at the 1 The temple at Delphi had been burnt, as is recorded by Herodotus (ii. 180). 2 Argos being the ancient rival of Sparta for the supremacy of the Peloponnesus. CH. 20.] ATHENIAN CONSTITUTION. 35 head of a larger force ; and he, after defeating the Thessahan cavalry when they attempted to intercept his march into Attica, shut up Hippias within what was known as the Pelargic wall and blockaded him there with the assistance of the Athenians. While he was sitting down before the place, it so happened that the sons of the Pisistratidae were captured in an attempt to make their escape from the country ;^ upon which the'- tyrants capitulated on condition of the safety of - their children, and surrendered the Acropolis to \ the Athenians, five days being first allowed them / to remove their effects. This took place in the archonship of Harpactides,-^ after they had held the tyranny for about seventeen years since their father's death, or in all, including the period of their father's rule, for nine and forty years. 20. After the overthrow of the tyranny, the rival leaders in the state were Isagoras son of Tisaiider^-a-parti^anoltbe tyraiits,.and Cleis- tlienes, who belonged to the family of the \ Alcmeonidae. Cleisthenes, being beaten in the political clubs, attracted the people to his side by giving the franchise to the masses. Thereupon Isagoras, finding himself left inferior in power, invited Cleomenes, who was united to him by ties of hospitality, to return to Athens, and persuaded 1 Reading v/ire^tovraf, which is confirmed by Herodotus' account (v. 65), which Aristotle seems to be following. 2 The archon's name has not been previously known, but the date is established independently as the year 511-10 B.C. (the Athenian official year beginning in July), apparently in the spring of 510 B.C. 36 ARISTOTLE ON THE [cH. 20. him to " drive out the pollution," ^ a plea derived from the fact that the Alcmeonidae were supposed to be under the curse of pollution. On this, Cleisthenes, with a few of his adherents, retired from the country, and Cleomenes expelled, as polluted, seven hundred Athenian families. Having effected this, he next attempted to dissolve the Council, and to set up Isadoras and three hundred of his partisans as the supreme power in the state. The Council, however, resisted, the populace flocked together, and Cleo- menes and Isagoras, with their adherents, took refuge in the AcropoHs. Here the people sat down and besieged them for two days ; and on the third they agreed to let Cleomenes and all his followers depart, while they sent to summon Cleisthenes and the other exiles back to Athens. When the people had thus obtained the command of affairs, Cleisthenes was their chief and the leader of the people.^ And this was natural ; for the Alcmeonidae were perhaps the chief cause of the expulsion of the tyrants, and for the greater paj*t of their rule they were at 1 i.e. to expel the house of the Alcmeonidae, which was still supposed to be polluted by the sacrilege in the affair of Cylon. ■It is the same phrase as was afterwards made use of by the Spartans, when, just before the outbreak of the Peloponnesian war, they called on the Athenians to " drive out the pollution," in order to secure the disgrace of Pericles, who was connected with the house of the Alcmeonidae. 2 This phrase almost amounts to an official title, denoting the person who, at any given time, was regarded as the accepted leader of the democracy. A list of such leaders is given in ch. 28, where see note. CH. 21.] ATHENIAN CONSTITUTION. 37 perpetual war with them. But even earlier than the attempts of the Alcmeonidae, Cedon ^ made an attack on the tyrants ; whence there was also a popular drinking song, addressed to him : — Pour a health yet again, boy, to Cedon; forget not this duty to do, If a health is an honour befitting the name of a good man and true. 21. The people, therefore, had good reason to place confidence in Clgisthenes. Accordingly when, at this time, He Found himself at the head of the masses, three years after the ex- pulsion of the tyrants, in the archonship of Isagoras,^ his first step was to distribute the whole population into ten tritDes in place of the existing four, with the object of intermixing'" tKe members of the different tribes, so that more persons might have a share in the franchise.^ 1 Nothing has hitherto been known of this person except the song quoted below, and that was not sufficient to establish his date or the character of his achievements, ^ 508 B.C. 3 It is not at first sight evident why a mere redistribution of the population into ten tribes instead of four should give more persons a share in the franchise. But the object of Cleisthenes was to break down the old family and tribal feelings on which political contests had hitherto baen based. To do this, he estab- lished a new division into tribes, which corresponded to no existing subdivision of the old one.s, and at the same time he introduced a large number of new citizens by the enfranchisement of emanci- pated slaves and resident aliens. There would have been end- less difficulties in the way of introducing them into the old tribes, which were organized into clans and families on the old aristocratic basis ; but they were easily included in the new tribes, which had no such associations connected with them. 38 ARISTOTLE ON THE [ch. 21. From this arose the saying " do not look at the tribes," addressed to those who wished to scru- =^tinize the Usts of the clans. ^ Next he made the Council to consist of five hundred members instead of four hundred, each tribe now contribu- ting fifty, whereas formerly each had sent a hun- dred. The reason why he did not organize the people into twelve tribes was that he might not have to divide them according to the already existing Trittyes ; for the four tribes had twelve Trittyes, so that he would not have achieved his object of redistributing the population in fresh combinations. Further, he divided the country by demes^ into thirty parts, ten from the districts about the city, ten from the coast, and ten from the interior. These he called Trittyes ; and he assigned three of them by lot to each tribe, in such a way that each should have one portion in each of these three divisions. All who lived in 1 Apparently this means that since the tribes now bore no relation to the ancient clans, it was useless to look at the lists of the tribes if anyone wish to examine the rolls of the clans. Hence the phrase seems to have become a proverbial one for making useless distinctions or refinements. The clans (together with the larger units known as phratries) were ancient divisions of the four old tribes, on the basis of kinship, and mainly for social and religious purposes. 2 The total number of demes, or parishes, is not given, but from Herodotus it appears to hav-e been a hundred. It gradually increased with the growth of population, and in the third century B.C. there were 176 demes. The demes composing each trittys appear to have been contiguous, but each trittys was separate from its two fellows, so that the party feeling of the tribe was spread over three local divisions, and the old feuds between the different districts of Attica became impossible. CH. 21.] A THENIAN CONSTITUTION. 39 any given deme he declared fellow-demesmen, to the end that the new citizens might not be exposed by the habitual use of family names, but that men might be known by the names of their demes ; ^ and accordingly it is by the names of their demes that the Athenians still speak of one another. He also instituted De- marchs, who had the same duties as the pre- viously existing Naucrari, — the demes being made to take the place of the naucraries. He gave names to the demes, some from the locali- ties to which they belonged, some from the persons who founded them, since some of them no longer corresponded to localities possessing names. On the other hand he allowed everyone to retain his family and clan and religious rites according to ancestral custom.^ The names given to the tribes were the ten which the Pythia appointed out of the hundred selected national heroes. 1 The meaning of this is that if the people continued to speak of one another merely by their family names as hitherto, newly enfranchised citizens, whose fathers had been slaves or aliens, would be markedly distinguished from the older citizens who belonged to ancient families ; but by making the name of the deme part of the necessary description of every citizen it was easy for any man to establish his claim to citizenship by naming the deme to which he belonged, even though his father's name might be foreign or unfamiliar. Thus in later times we find Athenians officially described by the name of their deme as well as that of their father, e.g. " Hipparchus, son of Charmus, of Colyttus," (ch. 22); and sometimes, in non-official language, by the deme alone, e.g. " Callicrates of Paeania" (ch. 28). 2 Thus the ancient divisions were maintained for the benefit of the older families, but they ceased to be part of the regular organization of the community for political purposes. 40 ARISTOTLE ON THE [ch. 22. 22. By these reforms the constitution became much more democratic than that of Solon. The laws of Solon had been obliterated by dis- use during the period of the tyranny^ while, those which replaced them were drawn up by Cleisthenes with the object of securing the goodwill of the masses. Among these was the la,;^J^^noernirjg ostracisnj. Four years ^ after the establishment of this system, in the archon- ship of Hermoucreon, they first imposed upon the Council of Five Hundred the oath which they take to the present day. Next they be- gan to elect the generals according to tribes, one from each tribe, while the Polemarch was the commander of the whole army. Then, eleven years later, they won the victory of Marathon, in the archonship of Phaenippus ; and two years after this victory, when the people had now gained self-confidence, they for the first time made use of the law of ostracism. It was originally passed as a precaution against men in high office, because Pisistratus took advantage of his position as a popular leader and general to make himself tyrant ; and the first person ostracised was one of his relatives, Flipparchus 1 This, if correct, would place this event in 504 B.C. But, iii the first place, that year belongs to another archon ; and secondly, it is inconsistent with the statement below, that the battle of Marathon occurred eleven years later. Marathon was fought in 490 B.C., therefore the archonship of Hermoucreon should be assigned to 501 B.C., for which year no name occurs in the extant lists of archons. Whether the mistake in the present passage is due to the author or a copyist it is impossible to say. CH. 22.] ATHENIAN CONSTITUTION. 41 son of ChaiTnus, of the cleme of Colyttus, the very person on whose account especially Cleisthenes had passed the law, as he wished to get rid of him. Hitherto, however, he had escaped ; for the Athe- nians, with the usual leniency of the democracy, allowed all the partisans of the tyrants, who had not joined in their evil deeds in the time of the troubles, to remain in the city ; and the chief and leader of these was Hipparchus. Then in the very next year, in the archonship of Tele- sinus,^ they for the first time since the tyranny elected the nine Archons by lot out of the five hundred ^ candidates selected by the demes, all the earlier ones having been elected by vote ; '^ and in the same year Megacles son of Hippocrates, 1 487 B.C. The name of the archon for this year has not hitherto been known. The date here given is valuable, because it has hitherto been a matter of doubt whether Callimachus, the polemarch at Marathon, on whose casting vote the fighting of that battle depended, was elected by lot or by open vote. The words of Herodotus, strictly interpreted, imply the former ; but it has always been repugnant to common sense to suppose that an officer holding so important a position was elected by lot, and it is now clear that, until three years after Marathon, the Ar- chons were still elected by direct vote, and, as stated above in this same chapter, the polemarch was the chief of the army, the ten generals (who subsequently became the chief military com- manders) being his subordinates. 2 It is probable that there is a mistake in this number. It appears from ch. 8 that under the Solonian constitution the number of candidates nominated by each tribe was ten, and that the same was the number in the writer's own day ; and it is hardly likely that the higher number of fifty ever prevailed at an intermediate period. The Greek numerals for 100 and 500 are easily confused. 3 This statement can only apply to the period after the expul- sion of the tyrants and the reforms of Cleisthenes, since under AM ARISTOTLE ON THE [ch. 22. of the deme of Alopece, was ostracised. Thus for three years they continued to ostracise the friends of the tyrants, on whose account the law had been passed ; but in the following year they began to remove others as well, including anyone who seemed to be more powerful than was expedient. The first person unconnected with the tyrants who was ostracised was Xan- thippus son of Ariphron.^ Two years later, in the archonship of Nicodemus,^ the mines of Maroneia were discovered, and the state made a profit of a hundred talents from the working of them. Some persons advised the people to make a distribution of the money among them- selves, but this was prevented by Themistocles. He refused to say on what ^ he proposed to spend the money, but he bade them lend it to the hundred richest men in Athens, one talent to each, and then, if the manner in which it was employed pleased the people, the ex- penditure should be charged to the state, but otherwise the state should receive the sum back from those to whom it was lent. On these terms the Solonian constitution (ch. 8) the archons were elected by lot out of forty candidates selected by the tribes. 1 The father of Pericles. 2 483 B.C. Aristotle is, however, wrong in saying that this was two years later than the event last recorded, which was the ostracism of Xanthippus in 486 B.C. It should be " three years later " ; and, to counterbalance this, for the " three years later " below, we should have " two years later." Aristotle evidently placed the archonship of Nicodemus in 484 B.C., but there is considerable independent evidence for placing it in 483 B.C. 3 Reading tj for ot». b( CH. 23.] ATHENIAN CONSTITUTION. 43 he received the money and with it. he had a hundred triremes built, each of the hundred individuals building one ; and it was with these ships that they fought the battle of Salamis against the barbarians. About this time Aristides • the son of Lysimachus was ostracised. Three i years later, however, in the archonship of Hypsichides,* all the ostracised persons were recalled, on account of the advance of the army of Xerxes ; and it was laid down for the future that persons under sentence of ostracism must live between Geraestus and Scyllaeum,^ on pain of losing their civic rights irrevocably. -- 23. Up to this point had the city progressed 1 by this time in gradual growth, the democracy ^~ -' growing with it ; but after the Persian wars the,^ Council of Areopagus once more developed . strength ancf assuraeH the control of the state. ^ \ 1 481 B.C. The name of this archon is new. 2 So the MS., but one of the grammarians, who probably drew from this passage, says that ostracised persons were com- pelled to live outside these boundaries ; and it is possible that the MS. reading here should be altered from Jvrof to Uroq. Cer- tainly in later times we find ostracised persons living beyond these limits ; but they might have defied the law, or th-i law might have lapsed. Geraestus is at the extreme south of Euboea, and Scyllaeum at the extreme east of Argolis. 3 The supremacy of the Areopagus after the Persian wars is alluded to by Aristotle in the Politics (viii. 4, p. 1304), but the allusion has never been clearly explained hitherto. It may be compared to the increase of power which the senate gained at Rome, by a similar (but much greater) display of competence in military matters, at the time of the Punic wars. The story of the way in which the Areopagus distinguished itself is also told by Plutarch. J 44 • ARISTOTLE ON THE [ch. 23. It did not acquire this supremacy by virtue of any formal decree, but because it had been the cause of the battle of Salamis being fought. When the generals were utterly at a loss how to meet the crisis and made proclamation that everyone must see to his own safety, the Areopagus pro- vided a donation of money, distributing eight drachmas to each member of the ships' crews, and so prevailed on them to go on board. On these grounds it obtained a great advance in public estimation ; and during this period Athens was well administered. At this time they devoted themselves to the prosecution of the war and were in high repute among the Greeks, and the command by sea was con- ferred upon them, in spite of the opposition of .the Lacedaemonians.}!^ The leaders of the people f during this period \#re Aristides, son of Lysi- machus, and Themistocles, son of Neocles, of whom the latter devoted himself to the conduct of war, while the former had the reputation of being a clever statesman and the most upright man of his time.^ Accordingly the one was usually employed as general, the other as a political adviser. The rebuilding of the fortifi- cations they conducted in combination, although they were political opponents ; but it was Aris- tides who guided the public policy in the matter of the defection of the Ionian states ^ and the 1 Sc. from the leadership of Sparta. It is possible that the text is corrupt in the following words, and that the passage should run '* the defection of the Ionian states from the Spartan alliance." CH. 24.] ATHENIAN CONSTITUTION. 45 alliance with Sparta, seizing the opportunity afforded by the discredit brought upon the Lacedaemonians by the misconduct of Pausanias. It follows that it was he who arranged the tribute from the various allied states, which was first instituted two years after the battle of Salamis, in the archonship of Timosthenes ; ^ and it was he who took the oath of offensive and defensive alliance with the lonians, on which occasion they cast the masses of iron into the sea.^ ^, 24. After this, seeing the state growing in fv*^**' confidence and much wealth accumulated, he^** ^SH advised the people to lay hold of the leadership of the league, and to quit the country dis- tricts and settle in the city. He pointed out to them that all would be able to gain a living there, some by service in the army, others in the garrisons, others by taking a part in public affairs ; and in this way they would secure the leadership. This advice was taken ; and when the people had assumed the supreme control they proceeded to treat their allies in a more imperious fashion, with the exception of the Chians, Lesbians, and Samians. These they maintained to protect their empire, leaving their constitutions untouched, and allowing 1 478 B.C. The date of the formation of the confederacy of Delos has hitherto generally been placed two years later. 2 This ceremony, as a sign of a determination which should last until the metal floated to the top of the sea, is also mentioned by Herodotus (i. 165) and Horace (Epod. xvi. 25, 26) in the story of the emigration of the Phocaeans from their native land to the West, where they ultimately founded Massilia. 46 ARISTOTLE ON THE [ch. 24. them to retain whatever dominion they then possessed. They also secured an ample mainte- nance for the mass of the population in the way which Aristides had pointed out to them. Out of the proceeds of the tributes and the taxes and the contributions of the allies more than twenty thousand persons were maintained. There were 600 jurymen, 1,600 bowmen, 1,200 Knights,^ 500 members of the Council, 500 guards of the dock- yards, besides lifty guards in the city. There were some 700 magistrates within the city, and some 700 whose jurisdiction lay outside it. Further, when they subsequently went to war, there were in addition 2,500 heavy armed troops, twenty guard-ships,^ and other ships which collected the tributes, with crews amounting to 2,000 men, selected by lot ; and besides these there were the persons maintained at the Prytaneum, and orphans, and gaolers, since all these were sup- ported by the state. yT^25. In this way the people earned their Hve- j ^iihood. The supremacy of the Areopagus lasted, I "however, for about seventeen years after the Persian wars, although gradually declining. But F I as the strength of the masses increased, Ephial- i tes, son of Sophonides, a man with a reputa- ~^on for incorruptibility and possessing a high public character, who had become the leader 1 The citizen cavalry' ; see ch. 7. 2 The normal crew of a trireme was 200 men. At that rate these twenty guard-ships represent 4,000 men, and the 2,000 men mentioned in the next clause presumably represent ten ships. CH. 25-] ATHENIAN CONSTITUTION. 47 of the people, made an attack upon that Council. First of all he caused the destruction of many of its members by bringing actions against them with reference to their administration. Then, in the archonship of Conon,^ he stripped the Council of all the acquired prerogatives from which it derived its guardianship of the consti- tution, and assigned some of them to the Council of Five Hundred, and others to the Assembly and the law-courts. In this revolution he was assisted by Themistocles,^ who was himself a member of the Areopagus, but was expecting to be tried before it on a charge of treasonable dealings with Persia. This made him anxious that it should be overthrown, and accordingly he warned Ephialtes that the Council intended to arrest him, while at the same time he informed the Areopagites that he would reveal to them certain persons who were conspiring to subvert the con- stitution. He then conducted the representatives 1 462 B.C. This date has not been accurately known hitherto. 2 This is one of the most striking of the new facts brought to light by the reappearance of Aristotle's work, as it has hitherto been believed that Themistocles was ostracised about 471 B.C., that the charge of complicity with Pausanias in his intrigues with Persia was brought against him about 466 B.C., and that he reached Persia in his flight about 465 B.C., the year in which Artaxerxes succeeded Xerxes. It now appears (if the evidence of this work is to be accepted) that he was in Athens in 462 B.C., and his ostracism cannot, therefore, be placed earlier than 461 B.C., and his flight to Persia may have occurred in 460 B.C. The main difiiculty is how to reconcile this with the statement of Thucydides (i. 137) that in his flight he was nearly captured by the Athenian fleet then engaged in the siege of ITaxos, which is generally assigned to the year 466 B.C. 48 ARISTOTLE ON THE [ch. 25. delegated by the Council to the residence of Ephialtes, promising to show them the conspi- rators who assembled there, and proceeded to converse with them in an earnest manner. Ephialtes, seeing this, was seized with alarm and took refuge in suppliant guise at the altar. Everyone was astounded at the occurrence, and presently, when the Council of Five Hundred met, Ephialtes and Themistocles together proceeded to denounce the Areopagus to them. This they repeated in similar fashion in the Assembly, until they succeeded in depriving it of its power. Not long afterwards, however, Ephialtes was assassinated by Aristodicus of Tanagra. In this way was the Council of Areopagus deprived of its guardianship of the state. 26. After this revolution the administration of the state became more and more lax, in conse- quence of the eager rivalry of candidates for popular favour. During this period the moderate party, as it happened, had no real chief, their leader being Cimon son of Miltiades, who was a comparatively young "man, and also was late in entering public life ; and at the same time the mass of the people suffered great losses by war. The soldiers for active service were selected at that time ^ from the roll of citizens, and as the generals were men of no military experience, who owed their position solely to their family 1 In contrast with the time at which the author was writing, when mihtary service was, and had been for some time, princi- pally performed by hired mercenaries. ** CH. 26.] ATHENIAN CONSTITUTION. 49 Standing, it continually happened that some two or three thousand of the troops perished on an expedition ; and in this way the best men alike of the lower and the upper classes were exhausted. The result was that in most matters of administration less heed was paid to the laws than had formerly been the case. No alteration, however, was made in the metho(^ of election of the nine Archons, except that five years after the death of Ephialtes it was decided that the candidates to be submitted to the lot for that office might be selected from the Zeugitae as well as from the higher classes.^ The first Archon from that class was Mnesithei- des ; ^ up to this time all the Archons had been taken from the Pentacosiomedimni and Knights, while the Zeugitae were confined to the ordinary magistracies, save where an evasion of the law was overlooked. Four years later, in the archonship of Lysicrates,^ the thirty " local jus- tices," ^ as they were called, were re-established ; and two years afterwards, in the archonship of Antidotus,^ in consequence of the great increase 1 It is evident from ch. 7 that the eligibility to the archonship was never, strictly speaking, extended beyond this, though in practice members of the lowest order, the Thetes, often held the office. ^ The archonship of Mnesitheides was in 457 B.C. ; and as the death of Ephialtes was in 462 B.C., and it has just been stated that the alteration in the law was made five years later, it follows that a Zeugites was elected for the first year in which the mem- bers of that order were eligible. 3 453 BC. 4 See chafers 16 and 53. 5 451 b.c. E 50 ARISTOTLE ON THE [ch. 26. in the number of citizens, it was resolved, on the motion of Pericles, that no one should be ad- mitted to the franchise who was not of citizen birth by both parents. 27. After this Pericles ^ assumed the position ""ol^^l^pftlKT^nreacrer, having first distinguished himself while still a young man by prosecuting Cimon on the audit of his official accounts as general. Under his auspices the constitution became still more democratic. He took away some of the privileges of the Areopagus, and, above all, he turned the policy of the state in the direction of naval dominion, which caused the masses to acquire confidence in themselves and consequently to take the conduct of affairs more and more into their own hands. Moreover, forty-eight years after the battle of Salamis, in the archonship of Pythodorus,^ the Pelopon- nesian war broke out, during which the populace was shut up in the city and became accus- 1 It will be observed that Aristotle dates the leadership of Pericles from about 450 B.C., but it is probable that for some years past he had been the most prominent statesman in Athens. It is stated below that he prosecuted Cimon after the latter had been general, and the evidence of Plutarch places this event in 463 B.C. Pericles was then a young man, and it is clear from Aristotle that he did not take the prominent part in the over- throw of the Areopagus which has commonly been assigned to him ; but he must have established the system of payment for service in the law-courts some little time before the death of Cimon, which occurred in 449 B.C., and we find him commanding an expedition in the Crissean Gulf in 454 B.C. (Thuc. i. in). 2 432-1 B.C. ; and as the war broke out four months before the end of Pythodorus' year of office (Thuc. ii. 2), the actual date fells in the spring of 431 B.C. CH. 27.] ATHENIAN CONSTITUTION. tomed to gain its livelihood by military service, and so, partly voluntarily and partly involun- tarily, determined to assume the administration of the state itself. Pericles was also the first to institute pay for service in the law-courts^,,?L^,a bid for popular favour to counterbalance the wealth of Cimon. The latter, having private possessi6ns of royal splendour, not only per- formed the regular public services ^ magnifi- cently, but also maintained a large number of his fellow-demesmen. Any member of the deme of Laciadae could go every day to Cimon's house and there receive a reasonable provision ; and his estate was guarded by no fences, so that anyone who liked might help himself to the fruit from it. Pericles' private property was quite unequal to this magnificence, and accordingly he took the advice of Damonides of Oia (who was commonly supposed to be the person who prompted Pericles in most of his measures,^ and was therefore subsequently ostracised), which was that, as he was beaten in the matter of private possessions, he should make presents to the people from their own property ; and accor- dingly he^sHtiiteK'^payToVtTie members of the juries. Some persons accuse him of thereby causing a deterioration in the character of the f ■j^' 1 Such as the equipment of a chorus for a tragedy, or the furnishing of the crew and fittings of a trireme, which were duties performed by the wealthier citizens at their own expense. - The true reading of the MS. is ttoXXwv, not ttoXe/xw as at first printed. 52 ARISTOTLE ON THE [ch. 27 jmies^ since it was always the inferior people who were anxious to submit themselves for selection as jurorsj rather than the men of better position. ; IVloreover, bribery came into existence aft^Y this, i the first person to introduce it being Anytus, after his command at Pylus.^ He was prose- cuted by certain individuals on account of his loss of Pylus, but escaped by bribing the jury. 28. So long, however, as Pericles was leader of the people, things went tolerably well with the state ; but when he was dead there was a great change for the worse. Then for the first time did the people choose a leader who was of no reputation among people of good standing, whereas up to this time men of good standing were always found as leaders of the democracy. • The first leader of the people,^ in the very begin- ning of things, was Solon, and the second was Pisistratus, both of them men of birth and posi- tion. After the overthrow of the tyrants there was Cleisthenes, a member of the house of the Alcmeonidae ; and he had no rival opposed to him after the expulsion of the party of Isagoras. 1 Pylus was recaptured by the Spartans, owing to the neglect of Anytus to relieve it, in 411 B.C. Anytus was one of the leaders of the moderate aristocratical party (ch. 34), and one of the prosecutors of Socrates. 2 It is evident that this designation "leader of the people" became a sort of semi-official title. There is no sufficient evidence that there was ever a regular process of appointment to the post ; but there was always some recognized chief of the democratical party to whom the name was given. The leader of the aristocratic party does not seem to have had any equally well recognized designation. CH. 28.] ATHENIAN CONSTITUTION. 53 After this Xanthippus was the leader of the people, and Miltiades of the upper class. Then came Themistocles and Aristides,^ and after them Ephialtes as leader of the people, and Cimon son of Miltiades of the wealthier class. Pericles followed as leader of the people, and Thucydides, who was connected by marriage with Cimon, of the opposition. After, the death of Pericles, Nicias, who subsequently fell in Srcily, appeared as leader of the aristocracy, and Cleon son of Cleaenetus as that of the people. The latter seems, more than anyone elSi&, to '"'"^ have been the cause of the corruption of the democracy by his wild undertakings ; and he was the first to use unseemly shouting and coarse abuse on the Bema,^ and to harangue the people with his cloak girt up short about him, whereas all his predecessors had spoken decently and in order. These were succeeded by Thera- menes son of Hagnon as leader of the one party, and Cleophon the lyre-maker of the people. It was Cleophon who first granted the two-obol donation for the theatrical performances,^ and for some time he continued to give it ; but then 1 Themistocles and Aristides were both of them leaders of the democracy, as is stated in ch. 23. It is a mistake to regard Aristides as an aristocratic leader. 2 The Bema was the platform or tribune from which orators spoke in the Athenian Assembly. 3 Two obols was the price of a seat in the theatre ; and after the time of Cleophon (the date has hitherto been placed earlier, Plutarch appearing to assign the measure to Pericles) the neces- sary sum was provided, for all citizens who chose to apply for it, by the state. 54 ARISTOTLE ON THE [ch. 28. Callicrates of Paeania ousted him by promising to add a third obol to the sum. Both of these persons were subsequently condemned to death ; for the people, even if they are deceived for a time, in the end generally come to detest those who have beguiled them into any unworthy action. After Cleophon the popular leadership ., was occupied successively by the men who chose to talk the biggest and pander to the tastes of the majority, with their eyes fixed only on the interests of the. moment. The best of the statesmen at Athens, after those of early times, seem to have been Nicias, Thucydides, and Theramenes. As to Nicias and '»Thucydides, nearly everyone agrees that they were not merely men of birth and character, but also statesmen, and that they acted in all their public life in a manner worthy of their ancestry. On the merits of Theramenes opinion is divided, because it so happened that in his time public affairs were in a very stormy state. But those who give their opinion deliberately find him, not, as his critics falsely assert, overthrowing every kind of constitution, but supporting every kind so long as it did not transgress the laws ; thus showing that he was able, as every good citizen should be, to live under any form of constitution, while he refused to countenance illegality and was its constant enemy. 29. So long as the fortune of the war con- tinued even, the Athenians preserved the demo- cracy; but after the disaster in Sicily, when the CH. 29.] ATHENIAN CONSTITUTION. 55 Lacedaemonians had gained the upper hand through their alHance with the king of Persia, they were compelled to abolish the democracy and establish in its place the constitution of the Four. Hundred. The speech recommending this course before the vote was made by Melobius, and the motion was drawn up by Pythodorus ; but the real argument which persuaded the majority was the belief that the king of Persia was more likely ^ to form an alliance with them if they should establish an oligarchy. The motion of Pythodorus was to the following effect. The popular Assembly was to elect twenty per- sons, over forty years of age, who, in conjunction with tlie existing ten members of the Committee of Public Safety,^ should take an oath that they would frame such proposals as they thought best for "the state, and should then draw up proposals for the public safety. In addition, any other person was free to make any proposition he liked, so that the people might be able to choose the best of all the courses suggested to them. Cleitophon concurred with the motion of Pythodorus, but proposed that the committee should also investigate the ancient laws drawn up by Cleisthenes when he created the demo- cracy, in order that they might have these too l)efore them before deciding on what was the 1 Reading [/utaXXo]v for [ao-/asyo]v. 2 This committee is probably the same as that which we know from Thucydides to have been appointed immediately after the news of the Sicilian disaster was received in Athens. 56 ARISTOTLE ON THE [ch. 2gt best ; his suggestion being that the constitution ■ of Cleisthenes was not really democratical, but ^ closely akin to that of Solon. When the com- i,^^ ^^n\\\XQ.^ was elected, their first proposal was that ^.^-^l^//' the Prytanes* should be compelled to put to the ;i -'^^ K vote any motion that was offered on behalf of ^ )f)tw^'^^ public safety. Next they abdlished all in- ""/^^ dictments for illegal proposals, all impeachments ^ and public prosecutions, in order that every Athenian should be free to give his counsel on the situation, if he chose ; and they decreed that if any person imposed a fine on any other for his acts in this respect, or prosecuted him or sum- moned him before the courts, he should, on an information being laid against him, be summarily arrested and brought before the generals, who should dehver him to the Eleven ^ to be put to death. After these preliminary measures, they drew up the constitution in the following manner. _ The rej^,ejiues of the state were not to be spent / . on any purpose except the war. All magistrates Pi shiould serve without remuneration, so long as '^^ the \var should last, except the nine Archons and the Prytanes for the time being, who should each receive three obols a day. 3 The general franchise was to be committed, so long as the war should last, to all Athenians who were most capable of serving the state personally or pecu- niarily, to the number of not less than five - thousand. ^ This body was to have full powers, 1 See ch. 43. 2 See ch. 52. / CH. 30.] ATHENIAN CONSTITUTION. S7 to the extent even of making treaties with whom- soever they willed ; and ten men, over forty years of age, were to be elected out of each tribe to draw up the list of the Five Thousand, after taking an oath on a full and perfect sacrifice. -^ . 30. These were the proposals put forward by ^he committee • and when they had been ratified the Five Thousand ^ elected from their own numb^r^srhuMred commissioners "to cJraw up the constitution. They, on their appointment, drew up and produced the following propositions. There should be a Council, holding office for a year, consisting of men over thirty years of age, serving without pay. To this body should belong the Generals, the nine Archons, the Amphic- tyonic Registrar [Hieromnemon],^ the Taxiarchs, tHe Hipparchs, the Phylarchs,^ the commanders of garrisons, the Treasurers of Athena and the 1 This mention of the Five Thousand appears to be in direct contradiction to the statement in ch. 32, that the Five Thousand were only nominally selected, which is also in accordance with the statement of Thucydides (viii. 92). There are two possible explanations : either all persons possessing the necessary quali- fication of being able to furnish arms were temporarily called the Five Thousand until the list of that body could be properly drawn up (thus the so-called Five Thousand which took over the government after the fall of the Four Hundred actually included all persons able to furnish arms) ; or the Five Thousand nominated by the hundred persons mentioned at the end of the last chapter was only a provisional body, and a fresh nomination was to be made when the constitution had been finally drawn up. 2 This is the title of one of the two members sent by each Amphictyonic state to the general councils. He served as sec- retary, while the other, the Pylagoras, was the actual represen- tative of his state. 3 For these military of&cers see ch. 61. 58 ARISTOTLE ON THE [ch. 30. Other gods, ten in number, the Hellenic Treasu- rers [Hellenotamiae],^ the Treasurers of the other non-sacred moneys, to the number of twenty, the ten Commissioners of Sacrifices [Hieropoei] and the ten Superintendents of the mysteries. All these were to be appointed from a larger number of selected candidates, chosen from the members of the Council for the time ' being. The other offices were all to be filled by • ) lot, and not from the members of the Council. ""The Hellenic Treasurers who actually adminis- tered the funds were not to be members of the Council.^ As regards the future, four Councils were to be created, of men of the age already mentioned, and one of these was to be chosen by lot to take office at once, while the others were to receive it in turn, in the order decided by the lot. For this purpose the hundred com- missioners were to distribute themselves and the other three hundred ^ as equally as possible into four parts, and cast lots for precedence, and the 1 These were the officers appointed to receive the contribu- tions of the allied states of the Confederacy of Delos, or, as these states subsequently became, the subject-allies of the Athenian empire. After the loss of the empire by the result of the Peloponnesian war these officers were no longer required, and consequently ceased to exist. 2 If this is not to be taken as directly contradicting the state- ment made just above, it must be supposed that the actual handling of the money was confined to a few of the Helleno- tamiae (probably in rotation), the duties of the rest being to advise and superintend. 3 These are probably the three hundred co-opted members of the original Four Hundred, who are mentioned by Thucydides (viii. 67). CH. 3I-] ATHENIAN CONSTITUTION. 59 selected body should hold office for a year. They were to administer that office as seemed to them best, both with reference to the safe custody and due expenditure of the finances, and gene- rally with all other matters to the best of their ability. If they desired to take a larger number of persons into counsel, each member might call in one assistant of his own choice, subject to the same qualification of age. The Council was to sit once every five days, unless there was any special need for more frequent sittings. The casting of the lot for the Council was to be held By the nine Archons ; votes on divisions were to be coimted by five persons chosen by lot from the members of the Council, and of these one was to be selected by lot every day to act as president. These five persons were to cast lots for precedence between the parties wishing to appear before the Council, giving the first place to sacred matters, the second to heralds, the third to embassies, and the fourth to all other subjects ; but matters concerning the war might be dealt with, on the motion of the generals^ whenever there was need, without balloting.^ Any member of the Council who did not enter the Council-house at the time named should be fined a drachma for each day, unless he was away on leave of absence from the Council. 31. Such was the constitution which they drew up for the time to come, but for the im- mediate present they devised the following sch'eittlr^' jtliere should be a Council of Four jA- 60 ARISTOTLE ON THE [cH. 31. Hundred, as in the ancient constitution/ forty from each tribe, chosen out of candidates of more than thirty years of age, selected by the members of the tribes. This Council should appoint the magistrates and draw up the form ...^ of oath which they were to take j'knd in all that concerned the laws, in the examination of official accounts, and in other matters generally, it might act according to its discretion. It must, however, observe the laws that might be enacted with reference to the constitution of the state, and had no power to alter them nor to pass others. The generals should be provisionally elected from the whole body of the Five Thousand, but so soon as the Council came into existence ^ it was to hold an examination of military equip- ments, and thereon elect ten persons, together with a secretary, and the persons thus elected should hold office during the coming year with full powers, and should have the right, whenever they desired it, of joining in the deliberations of the Council. The Five Thousand ^ was also to elect a single Hipparch and ten Phylarchs ; but for the future the Council was to elect these officers according to the regulations above laid down. Neither these offices nor any others, except those 1 i.e.y as in the constitution of Solon. 2 Reading xaTao-T»7 for the MS. xaTacmio-f/. 3 The subject is not expressed in the original, but as it is stated that in the future the Council was to elect these officers, it seems certain that the provisional arrangement was that the Five Thousand should elect them, as in the case of the generals, the Council not being yet properly constituted. CH. 32.] ATHENIAN CONSTITUTION. 6i of member of the Council and of General, might be held more than once, either by the first occu- pants or by their successors. With reference to the future distribution of the Four Hundred into the four successive sections, the hundred com- missioners must divide them whenever the citizens shall be admitted to a share in the Council along with the rest.^ 32. The hundred commissioners appointed by the Five Thousand drew up the constitution as just stated ; and after it had been ratified by the general voice, under the presidency of Aristo- machus, the Council was dissolved before it had completed its tenn of office. It was dissolved on the fourteenth day of the month Thargelion, in the archonship of Callias,^ and the Four Hundred entered into office on the twenty-first ; whereas the regular Council, elected by lot, ought to have entered into office on the fourteenth of Scirophorion.^ Thus was the oligarchy estab- 1 This sentence is obscure and possibly corrupt. The ** four successive sections" are those mentioned in the preceding chapter. Possibly the sense of the passage should be that the division into the four sections should take place so soon as the remaining members of the Council had been associated with the hundred original members who were drawing up the consti- tution. 2 Callias' year of office began in 412 B.C., and was now within two months of its end. The date of the entry of the Four Hundred into^fl^is consequently in May, 411 B.C. 3 Roughly ^^^Blent to June, the last month of the official year at AtheflPB:he "regular Council" means the Council which, in the ordinary course of things under the democracy, should have been elected by lot to succeed that belonging to the year of Callias. 62 ARISTOTLE ON THE [ch. 32. lished, in the archonship of Callias, just about a hundred years after the expulsion of the tyrants. The chief promoters of the revolution were Pisan- der, Antiphon, and Theramenes, all of them men of good birth and with high reputations for ability and judgment. When, however, this constitution had been established, the Five Thousand were only nominally selected, and the Four Hundred, together with the ten officers on whom full powers had been conferred, occupied the Coun- cil-house and really administered the govern- ment. They began by sending ambassadors to the Lacedaemonians proposing a cessation of the war on the terms of the statics quo; but as the Lacedaemonians refused to listen to them unless they would also abandon their maritime empire, they abandoned the negotiations. 33. For about four months the constitution of the Four Hundred continued, and Mnasilochus held office as Archon of their nomination for two months of the year of Theopompus, who was Archon for the remaining ten. After the loss of the naval battle of Eretria,^ however, and the revolt of the whole of Euboea except Oreum, the indignation of the people was greater than at any of the earlier disasters, since they drew far more supplies at this time from Euboea than from Attica 1 This is the engagement mentioned by Thucydides (viii. 95). A squadron of forty-two Peloponneisian ships, after threatening Piraeus, where they hoped to find treacherous assistance, made for Euboea, to promote a revolt there. Thirty-six Athenian ships followed in great haste and much disorder, and were completely defeated, with a loss of twenty- tv/o of their number. CH. 34-] ATHENIAN CONSTIl'UTION. 6^ itself.^ Accordingly they deposed the P^our Hun- dred and committed the management of affairs to the Five Thousand, who consisted of persons possessing a miHtary equipment. At the same ^ time they voted that pay should not be given for ' any public office. The persons chiefly responsible for the revolution were Aristocrates and Thera- menes, who disapproved of the action of the Four Hundred in retaining the direction of affairs en- tirely in their own hands, and referring nothing to the Five Thousand. (The constitution of the^ state seems to have been admirable during this period, since it was a time of war and the fran- chise was in the hands of those who possessed a military equipment.^ ^^" 34. The people, however, in a very short time deprived the Five Thousand of their monopoly of the franchise.^ Then, six years after the overthrow of the Four Hundred, in the archon- ship of Callias of Angele,^ the battle of Arginusae took place, of which the results were, first, that the ten generals who had gained the victory were all ^ condemned by a single vote, owing to the 1 Owing to the occupation of Decelea by the Spartans, which made the cultivation of Attica for the most part impossible. " This is an echo of the commendation which Thucydides expresses at greater length (viii. 97). 3 Probably this event took place after the battle of Cyzicus, in 410 B.C., when the fleet, which was strongly democratical in its sympathies, returned to Athens. 4 406 B.C. This was, however, five years after the overthrow of the oligarchy, not six, so that Aristotle must have made a miscalculation. 5 This is probably inexact. Two of the generals, Conon and 64 ARISTOTLE ON THE [ch. 34. people being led astray by persons who aroused their indignation ; though, as a matter of fact, some of the generals had actually taken no part in the battle, and others were themselves picked up by other vessels/ Secondly, when the Lacedaemonians proposed to evacuate Dece- lea and make peace on terms of the status quo^ although some of the Athenians supported this proposal, the majority refused to listen to them. In this they were led astray by Cleophon, who appeared in the Assembly drunk and wearing his breast-plate, and prevented peace being made, declaring that he would never accept peace unless the Lacedaemonians abandoned their claims on all the cities allied with them.- They mismanaged their opportunity then, and in a very short time they learnt their mistake. The next year, in the archonship of Alexias, they Leon, can hardly have been inchided in the accusation, as Conon was blockaded in Mytilene and Leon is never mentioned in connection with either the battle or the trial. It is true that Aristotle says below that some of the condemned generals had not taken part in the battle, but if this had actually been the case, Xenophon could hardly' have helped noticing it. Xeno- phon does expressly name the eight generals who were present at the battle, and states their positions in the Athenian line ; and, of these eight, six stood their trial and were executed, while the remaining two declined to return to Athens and were, no doubt, condemned in absence. 1 And therefore were in no condition to be picking up the survivors on other disabled ships, for neglecting which they were condemned. 2 Cleophon retorted against the Lacedaemonians the ground on which they had refused to accept the Athenian overtures in 41 1 B.C. (ch. 32) ; which, though perhaps logical, was hardly wise in the exhausted condition of Athens. CH. 35.] ATHENIAN CONSTITUTION. 65 suffered the disaster of Aegospotami, the result of which was that Lysander became master of the city, and set up the Thirty as its governors. He did so in the following manner. One of the terms of peace stipulated that the state should be governed according to "the ancient constitution." Accordingly the popular party tried to preserve the democracy, while that part of the upper class which belonged to the political clubs,^ to- gether with the exiles who had returned since the peace, desired an oligarchy, and those who were not members of any club, though in other respects they held a position in the state inferior to none, were anxious to restore the ancient con- stitution. The latter class included Archlnus, Anytus, Cleitophon, Phormisius, and many others, but their most prominent leader was Theramenes. Lysander, however, threw his influence on the side of the oligarchical party, and the popular Assembly was compelled by sheer intimidation to pass a vote establishing the oligarchy. The motion to this effect was proposed by Dracon- tides of Aphidna. 35. In this way were the Thirty established in power, in the archonship of Pythodorus.^ As soon, however, as they were masters of the city, they ignored all the votes which had been passed relating to the organization of the consti- tution,^ but appointed a Council of Five Hundred 1 i.e. the extreme oligarchs. 2 The year 404-403 B.C. 3 The Thirty were appointed avowedly to draw |ip a scheme F 66 ARISTOTLE ON THE [ch. 35. and the other magistrates out of the thousand selected candidates/ associated with themselves ten archons in Piraeus, eleven superintendents of the prison, and three hundred " lash-bearers " as attendants, and with the help of these they kept the city under their own control. At first, indeed, they behaved with moderation towards the citizens and pretended to administer the state according to the ancient constitution. In pursuance of this policy they took down from the hill of Areopagus the laws of Ephialtes and Archestratus relating to the Areopagite Council ; they also repealed such of the statutes of Solon as were obscure,^ and abolished the supreme power of the law-courts. In this they claimed to be restoring the constitution and freeing it from obscurities ; as, for instance, by making the testator free once for all to leave his property as he pleased, and abolishing the existing limita- tions in cases of insanity, old age, and undue female influence, in order that no opening might be left for professional accusers.^ In other for the constitution, just as the thirty commissioners mentioned in ch. 29 drew up the constitution of the Four Hundred. (Xen. ^^//. Il.iii. 2.) 1 Or "out of candidates selected from the thousand " ; but nothing is known about any such body, and the text is probably corrupt. 2 See ch. 9. 3 Solon's law allowed a man who had no legitimate children to leave his property as he chose, provided his will was made while he was of sound mind and subject to no undue influence. These provisions were reasonable enough in themselves, but a class of hangers-on of the law-courts had sprung up, who made CH. 36.3 A THENIAN CONSTITUTION. 67 matters also their conduct was similar. At first, then, they acted on these lines, and they destroyed the professional accusers and those mischievous and evil-minded persons who, to the great detriment of the democracy, had at- tached themselves to it in order to curry favour with it. With all of this the city was much pleased, and thought that the Thirty did it with the best of motives. But so soon as they had got a firmer hold on the city, they spared no class of citizens, but put to death any persons who were eminent for wealth or birth or cha- racter. Herein they aimed at removing all whom tliey had reason to fear, and they also wished to lay hands on their possessions ; and in a short time they put to death not less than fifteen hundred persons. 36. Theramenes, however, seeing the city thus falling into ruin, was displeased with their pro- ceedings, and counselled them to cease such unprincipled conduct and let the better classes have a share in the government. At first they opposed his suggestions, but when his proposals came to be known abroad, and the masses began to be on friendly terms with him, they were seized with alarm lest he should make himself a popu- lar leader and destroy their despotic power. Accordingly they drew up a. list of three thou- a profession of challenging the legality of testamentary disposi- tions on these grounds, no doubt in the hope of extorting money. In order to put an end to this trade the Thirty abolished the qualifications in the law of Solon on which they were based. 68 ARISTOTLE ON THE [ch. 36. sand^ citizens, to whom they proposed to give a share in the constitution. Theramenes, however, criticised this scheme also, first on the ground that, while proposing to give all the respectable classes a share in the constitution, they were actually giving it only to three thousand per- sons, as if all merit were confined within that number ; and secondly because they were doing two inconsistent things, since they made the government rest on the basis of force, and yet made the governors inferior in strength to the governed. However, they took no notice of his criticisms, and for a long time put off the publi- cation of the list of the Three Thousand and kept to themselves the names of those who had been placed upon it ; and whenever they did decide to publish it they proceeded to strike out some of those who had been included in it, and insert others from outside. yj. Now when winter had set in, Thrasybulus and the exiles occupied Phyle, and the force which the Thirty led out to attack them met with a reverse. Thereupon the Thirty decided to disarm the bulk of the population and to get rid of Theramenes ; which they did in the follow- ing way. They introduced two laws into the Council, which they commanded it to pass ; the first of them gave the Thirty absolute power to put to death any citizen who was not included 1- The MS. says two thousand, but this must be a copyist's error, as the Three Thousand is mentioned immediately below, and that number is confirmed by the other authorities. CH. 38.] ATHENIAN CONSTITUTION. 69 in the list of the Three Thousand, while the second incapacitated all persons from participa- tion in the franchise who should have assisted in the demoHtion of the fort of Eetioneia,^ or have acted in any way against the Four Hundred or against those who had organized the previous oligarchy. Theramenes had done both, and accordingly, when these laws were ratified, he became excluded from the franchise and the Thirty had full power to put him to death.'^ Theramenes having been thus removed, they disarmed all the people except the Three Thou- sand, and in every respect showed a great advance in cruelty and crime. They also sent ambassadors to Lacedaemon to blacken the character of Theramenes and to ask for help ; and the Lacedaemonians, in answer to their appeal, sent Callibius as harmost^ with about seven hundred troops, who came and occupied the Acropolis. 38. These events were followed by the occu- pation of Munychia by the exiles from Phyle, and their victory over the Thirty and their 1 The Four Hundred had begun to build this fort, which com- manded the entrance to the Piraeus, in the later days of their rule ; but Theramenes and others of the moderate party, sus- pecting that it was intended to enable the oligarchs to betray the port to the Spartans, incited the populace to destroy it. This was one of the most serious blows dealt to the power of the Four Hundred. 2 This is quite different from Xenophon's dramatic account of the totally illegal arrest and execution of Theramenes. 3 The title of the military governors sent by Sparta to various cities during the time of her supremacy. 70 ARISTOTLE ON THE [ch. jS. partisans. After the fight the party of the city retreated, and next day they held a meeting in the market-place and deposed the Thirty, and elected ten citizens, on whom they conferred full powers to bring the war to a termination. When, however, the Ten had taken over the government they did nothing towards the object for which they were elected, but sent envoys to Lacedaemon to ask for help and to borrow money. Further, finding that those who pos- sessed the franchise were displeased at their proceedings, they were afraid lest they should be deposed, and consequently, in order to strike terror into them (in which design they suc- ceeded), they arrested . . emaretus,^ one of the most eminent citizens, and put him to death. This gave them a firm hold on the government, and they also had the support of Callibius and his Peloponnesians, together with several of the Knights ; for some of the members of this class were the most zealous among the citizens to pre- vent the return of the exiles from Phyle. When, however, the exiles in Piraeus and Munychia began to gain the upper hand in the war, through the defection of the whole people to them, the party in the city deposed the original Ten, and elected another Ten,^ consisting of the men who 1 The MS. is defective at the beginning of this name. 2 No other authority seems to distinguish between these two boards of Ten. Practically, the rule of the first is ignored, and only that of the second, which brought the war to a conclusion, is recognized ; but the appointment of this board is assigned to the days immediately following the defeat of the Thirty, and it CH. 39-] ATHENIAN CONSTITUTION. 71 possessed the highest character. Under their administration, and with their active and zealous co-operation, the treaty of reconcib'ation was made and the democracy returned to the city. The most prominent members of this board were Rhinon of Paeania and Phayllus of Acher- dus,^ who, even before the arrival of Pausanias, opened negotiations with the party in Piraeus, and after his arrival seconded his efforts to bring about the return of the exiles. For it was Pau- sanias, the king of the Lacedaemonians, who brought the peace and reconciliation to a fulfil- ment, in conjunction with the ten commissioners of arbitration who arrived later from Lace- daemon, chiefly at his earnest request. Rhinon and his colleagues received a vote of thanks for the good will shown by them to the democracy, and though they received their charge under an oligarchy and handed in their accounts under a democracy, no one, either of the party that had stayed in the city or of the exiles that had re- turned from the Piraeus, brought any complaint against them. On the contrary, Rhinon was immediately elected general on account of his conduct in this office. 39. The following were the terms on which the reconciliation was effected, in the archonship is not recognized that a considerable time, apparently about six months, elapsed between this event and the restoration of the democracy. 1 Following Mr. Bywater's emendation, 'Ax,«p5our7nliuence7than jlargj&J^Sesr At' first they refused to allow pay- ment for attendance at the Assembly ; but the result was that people did not attend, and often votes were passed by the Prytanes alone. Con- sequently, in order to induce the populace to come and ratify the votes, Agyrrhius,^ in the first instance, made a provision of one obol a day, which Heracleides of Clazomenae,^ nick- named " the king," increased to two obols, and Agyrrhius again to three. 42. The present state of the constitution is as 1 Agyrrhius was a politician of no very great repute, who flourished at the end of the fifth century and in the early part of the fourth. It is clear from many allusions in the Ecclesia- zusae of Aristophanes that the rate of pay had been raised to three obols shortly before the performance of that play in 392 B.C.; and the first establishment of payment for attendance at the Assembly cannot be placed many years before that date. 2 Heracleides is only known otherwise by a mention in the Ion attributed to Plato, in which he is referred to as a foreigner who had held office at Athens. 78 ARISTOTLE ON THE [ch. 42. follows,^ The franchise is open to all who are of citizen-birth by both parents. They are en- rolled among the demesmen at the age of eighteen. On the occasion of their enrolment the demesmen give their votes on oath, first as to whether they appear to be of the age pre- scribed by the law (if not, they are dismissed back into the ranks of the boys), and secondly as to whether the candidate is free born and of such parentage as the laws require. Then if they decide that he is not a free man, he appeals to the law-courts, and the demesmen appoint five of their own number to act as accusers ; and if the court decides that he has no right to be enrolled, he is sold by the state as a slave, but if he wins his case he has a right to be en- rolled among the demesmen without further question. After this the Council examines those who have been enrolled, and if it comes to the conclusion that any of them is less than eighteen years of age, it fines the demesmen who enrolled him. When the youths [Ephebi] have passed this examination, their fathers meet by their tribes, and appoint on oath three of their fellow tribesmen, over forty years of age, who, in their opinion, are the best and most suitable persons to have charge of the youths ; and of these the Assembly elects one from each tribe as guardian, together 1 Here begins the second part of the treatise, in which the author describes the constitution as it existed in his own day, three-quarters of a century after the events last recorded. CH. 42.] ATHENIAN CONSTITUTION. 79 with a superintendent,^ chosen from the general body of Athenians, to control the whole. These persons take charge of the youths, and first of all they make the circuit of the temples ; then they proceed to Piraeus, and some of them garrison Munychia and some the south shore.^ The Assembly also elects two trainers, with subordinate instructors, who teach them to fight in heavy armour, to use the bow and javelin, and to discharge a catapult. The guardians receive from the state a drachma apiece for their keep, and the youths four obols apiece. Each guardian receives the allowance for all the members of his tribe and buys the necessary provisions for the common stock (since they mess together by tribes), and generally super- intends everything. In this way they spend the first year. The next year, when the Assembly is held in the theatre,^ after giving a public dis- play of their military evolutions, they receive a shield and spear from the state ; after which they patrol the country and spend their time in the forts. For these two years they are on garrison duty, and wear the military cloak, and during this time they are exempt from all taxes. They also can neither bring an action at law, nor have 1 The reading of this word in the MS. is not absolutely certain. 2 "AxT^=the southern side of Piraeus. 3 This was on the occasion of the great Dionysiac festival in each year, when the whole people was gathered together in the theatre, together with numbers of visitors from foreign countries. 8o ARISTOTLE ON THE [ch. 42. one brought against them, in order that they may not be mixed up in civil business ; though exception is made in cases of actions concern- ing inheritances and wards of state/ or of any sacrificial ceremony connected with the clan^ of any individual. When the two years have elapsed they at once take their position among the other citizens. Such is the manner of the enrolment of the citizens and the training of the youths. 43. All the magistrates that are concerned with the ordinary routine of administration are elected by lot, except the Military Treasurer, the Commis- sioners of the Theoric fund,^ and the Superin- tendent of Springs.^ These are elected by vote, 1 When a man died leaving a daughter, but no son, his estate, though not becoming her property, was attached to her, and the nearest of kin could claim her in marriage ; and the property went to the sons born of such marriage. If she was poor, the nearest of kin was obliged either to marry her or to provide her with a dowry. If there were more daughters than one, the estate seems to have been divided among them under similar conditions. These heiresses were under the special protection of the archon (see ch. 56), and may therefore be described as wards of state. 2 Only the older families belonged to " clans," which was one of the earliest subdivisions of the population of Attica, and these had sacrificial observances connected with them. See ch. 21, where it is said that Cleisthenes, though breaking up the old tribal organization and introducing new citizens, allowed the clans and the sacrificial observances to remain according to the ancient system. 3 This was the fund which provided the populace with the price of admission to the theatre (and, eventually, with some- thing in addition) at the festivals. 4 Athens was scantily supplied with fresh water, and conse- quently this officer was of some importance. CH. 43-3 ATHENIAN CONSTITUTION. 8i and the magistrates thus elected hold office from one Panathenaic festival to another.^ All mili- tary officers are also elected by vote. The Council of Five Hundred is elected by lot, fifty from each tribe. Each tribe holds the office of Prytanes in turn, the order being detennined by lot ; the first four serve for thirty-six days each, the last six for thirty-five, since the reckoning is by lunar years.* The Prytanes for the time being, in the first place, mess together in the Tholus,^ and receive a sum of money from the state for their maintenance ; ard, secondly, they convene the meetings of rhe Council and the Assembly. The Council they convene every day, unless it is a holiday, the Assembly four times in each prytany. It is also their duty to draw up the programme of the matters with which the Council has to deal, and to decide what subjects are to be dealt with on each par- ticular day, and what are not within its compe- tence. They also draw up the programme for 1 The Panathenaic festival was at the end of the first month of the Attic year (July). The other magistrates probably came into office at the beginning of that month; the archons certainly did so. 2 The ordinary Attic year was of 354 days, divided into twelve lunar months of thirty and twenty-nine days alternately. The deficiency was made up by inserting intercalary months, at first every alternate year, then three in eight years, and subse- quently seven in nineteen. In an intercalary year the duration of the prj'tanies was thirty-nine and thirty-eight days, in place of thirty-six and thirty-five. 3 The official residence of the Prytanes, supposed to represent the centre of the public life of Athens. G 82 ARISTOTLE ON THE [cH. 43. the meetings of the Assembly. The first of these in each prytany is called the " sovereign " Assembly ; in this the people have to vote on the question whether the magistrates are per- forming their duties properly, and to consider the supply of corn and the defence of the country. On this day, too, impeachments are introduced by those who wish to do so, the lists of property confiscated by the state are read, and also applications for inheritances antl wards of state, ^ so that nothing may paSs without the cognizance of any person concerned. In the sixth prytany, in addition to the business just stated, the question is also put to the vote whether it is desirable to hold a vote of ostra- cism or not ; and complaints against profes- sional accusers, whether Athenian or aliens domi- cileo in Athens, are received, to the number of not more than three of either class, together with cases in which an individual has made some promise to the people and has not performed it. The second Assembly of the prytany is assigned to suppliants, and at this meeting anyone is free, on depositing the supphant's olive-branch, to speak to the people concerning any matter, public or private. The two other meetings are occupied with the remaining subjects, and the laws require them to deal with three questions 1 If there was no direct heir, the next of kin had to apply to the state, in the person of the archon, to have his claim recog- nized. The claims on wards of state have been mentioned in note I, p. 80. CH. 440 ATHENIAN CONSTITUTION, 83 connected with religion, three connected with heralds and embassies, and three on secular subjects. Sometimes questions are brought forward without the Assembly first voting them precedence. Heralds and envoys appear first before the Prytanes, and the bearers of des- patches also deliver them to the same officials. 44. There is a single President of the Prytanes, elected by lot, who presides for a night and a day ; he may not hold the office for more than that time, nor may the same individual hold it twice. He keeps the keys of the sanctuaries in which the treasures and public records of the state are preserved, and also the public seal ; and he is bound to remain in the Tholus, to- gether with one third of the Prytanes, named by himself. Whenever the Prytanes convene a meeting of the Council or Assembly, he appoints by lot nine Proedri, one from each tribe except that which holds the office of Pr>^tanes for the time being ; and out of these nine he similarly appoints one as President, and hands over the programme for the meeting to them. They take it and see to the preservation of order, and put forward the various subjects w^hich are to be considered, decide the results of the votings, and direct the proceedings generally.-^ They also have power to dismiss the meeting. No 1 In the fifth century it appears that the Prytanes themselves acted as presidents at meetings of the Council and Assembly ; but in the fourth century the Proedri appear to have been insti- tuted, as here described. 84 ARISTOTLE ON THE [cH. 44. /one may act as President more than once in the [iyear, but he may be a Proedrus once in each prytany. Elections to the offices of General and Hipparch and all other military posts are held in the Assembly, in such manner as the people decide ; and they are held after the sixth pry- tany by the first board of Prytanes in whose term of office the omens are favourable. There has, however, to be a preliminary consideration by the Council in this case also.^ 45. In former times the Council had full powers to inflict fines and imprisonment and death ; and it was when it had dragged off Lysimachus^ to the executioner, and he was sitting in the immediate expectation of death, that Eumeleides of Alopece deprived it of its powers,^ maintaining that no citizen ought to be put to death except after a hearing by a court of law.* Accordingly there was a trial in a law-court, and Lysimachus was acquitted, re- ceiving henceforth the nickname of "the man from the drum-head" ; ^ and the people deprived 1 As in all business submitted to the Assembly : see the end of the next chapter. 2 This person cannot be identified with certainty, nor is the story here related of him otherwise known. 3 Or "rescued him from its hands." 4 It should be observed that throughout the treatise a "law- court " (5txa)4»/(£(rfiat, as proposed by Mr. Wyse. - i.e., by Inducing them not to press their charges. It appears that originally, if no accusation was brought before the Council, the examination by the law-court was a mere formality, a single member voting for the whole jury. But it was found that can- didates sometimes escaped an accusation before the Council by "squaring" their accusers; and to meet this the law-court was made to examine and vote independently. 5* Reading 8 is adopted. CH. 56.] ATHENIAN CONSTITUTION. 105 by open vote in the Assembly, and used to pro- vide for the expenses of the procession out of their private means ; but now one is elected by lot from each tribe, and the state contributes a hundred minas for the expenses. The Archon also superintends the procession at theThargelia, and that in honour of Zeus the Saviour. He also manages the contests at the Dionysia and the Thargelia. These, then, are the festivals which he superin- tends. The suits and indictments which come before him, and which he, after a preliminary inquiry, brings up before the law-courts, are as follows. Injury to parents ^ (for bringing these ac- tions the prosecutor cannot suffer any penalty) ;^ injury to orphans (these actions lie against their guardians) ; injury to a ward of state (these lie against their guardians or their husbands) f injury to an orphan's house (these too lie against the guardians) ; mental derangement, where a party charges another with destroying his own property through unsoundness of mind ; for ap- pointment of liquidators, where a party refuses to divide property in which others have a share ; for constituting a wardship ; for determining between rival claims to a wardship, where more persons than one wish to be enrolled as guar- 1 Reading yovewv, as suggested by Mr. Wyse and Dr. Sandys. 2 In most cases the prosecutor was subject to penalties if he failed to receive a fifth part of the votes of the jury. 3 The state still continued its protection of heiresses even after they were married. Its care only ceased when they had children capable of inheriting the property. xo6 ARISTOTLE ON THE [ch. 56. dian of the same ward ; and for determining disputes as to inheritances and wards of state. The Archon also has the care of orphans and wards of state, and of women who, on the death of their husband, declare themselves to be with child ; and he has power to inflict a fine on those who offend against the persons under his charge, or to bring the case before the law-courts. He also leases out the houses of orphans and wards of state .... and takes mortgages on them ; and if the guardians fail to provide the necessary- food for the children under their charge, he exacts it from them.^ Such are the duties of the Archon. 57. The Kin g in the first place superintends the mysteries, in conjunction with the Superinten- dents of Mysteries. The latter are elected in the Assembly by open vote, two from the general body of Athenians, one from the Eumolpidae, and one from the Ceryces. Next, he superintends the Lenaean Dion^^sia.^ .... On this occasion the procession is ordered by the King and the Superintendents in conjunction ; but the contest is managed by the King alone. He also manages all the contests of the torch-race ; and to speak broadly, he administers all the ancestral 1 The passage is mutilated in the MS., and is here only con- jecturally restored. 2 The lesser of the two chief festivals of Dionysus, held in January. Many of the plays which have come down to us were first performed at this festival, but it was not such a magnificent occasion as the great Dionysia, at which strangers from the rest of Greece were usually present in great numbers. CH. 57-] ATHENIAN CONSTITUTION. 107 sacqfices. Indictments forjmpietycome^ejfore^ him, or any disputes between parties concerning priestly rites ; and he also determines all con- troversies concerning the privileges of the ancient clans ^ and the priests. All actions for homicide come before him, and it is he that makes the proclamation requiring polluted persons to keep away from sacred ceremonies. Actions for homicide and wounding are of the following kinds. In cases of wilful homicide, the offender is indicted in the Areopagus ; also in cases of killing by poison, and of arson. These are the only cases heard by that Council. Cases of unintentional homicide, or of intent to kill, or of killing a slave or a resident aHen or a foreigner, are heard in the court of Palladium. When the homicide is acknowledged, but legal justification is pleaded, as when a man takes an adulterer in the act, or kills another by mistake in battle, or in an athletic contest, the prisoner is tried in the court of Delphinium. If a man who is in ban- ishment for a homicide which admits of recon- ciliation ^ incurs a further charge of killing or wounding, he is tried in Phreatto, and he makes his defence sitting in a boat moored near the shore. All these cases, except those which are heard in the Areopagus, are tried by the Ephetae 1 See note 2, p. 80. 2 A person who committed an involuntary homicide had to give pecuniary satisfaction to the relatives of the deceased, and he was compelled to go into exile for a year unless they gave him leave to return earlier. xo8 ARISTOTLE ON THE [ch. 57. on whom the lot falls. ^ The King introduces them, and the hearing is held by night ^ and in the open air. Whenever the King hears a case, he takes off his crown. The person who is subject to a charge of homicide is at all other times excluded from the temples, nor ^ is he allowed to enter the market-place ; but on the occasion of his trial he enters the temple and makes his defence. If the actual offender is unknown, the writ runs against "the doer of the deed." The King and the tribe-kings also hear the cases in which the guilt rests_onjnani- mate objects and the lower animals.* i 58. The Polemarch performs the sacrifices to Artemis the~lTuntress and to Enyalius,^ and arranges the contest at the funeral of those who have fallen in war, and makes offerings to the 1 A different punctuation of these sentences is adopted from that which is given in the published text, and one lacuna is supplied rather differently. The Ephetae were a very ancient board of magistrates who used to hear these kinds of cases, but whether they are spoken of here is doubtful, as the word in the MS. is lost in a lacuna. 2 Reading o-xoraToj, as suggested by Dr. Sandys ; but it is very doubtful whether the MS. will admit it. Lucian speaks of the Areopagus as sitting at night, but no other mention of the practice is known, and it is not the Areopagus itself that is here being spoken of. 3 For the rest of this chapter, except the final sentence, the readings of the MS. are doubtful. Mr. Wyse's restoration has been followed. 4 This is a relic of a very primitive CTistom, by which any object that had caused a man's death was put upon its trial. In later times it may have served the purpose of a coroner's inquest. 5 The god of war : the name is sometimes used as an epithet of Ares, sometimes as a name by itself. CH. 59.] A THENIAN CONSTITUTION. 109 memory of Hannodius and Aristogeiton. Of private actions, those come before him in which resident aliens, both ordinary and privileged, and agents of foreign states are concerned. It is his duty to receive these cases and divide them into ten parts, and assign to each tribe the part which comes to it by lot ; after which the magistrates who introduce cases for the tribe hand them over to the Arbitrators. The Polemarch, how- ever, brings up in person cases in which an alien is charged with deserting his patron or neglect- ing to provide himself with one,* and also of inheritances and wards of state where aliens are concerned ; and in fact, generally, whatever the Archon does for citizens, the Polemarch does for aliens. 59. The Thes mothetaeJ n the first place have the power of prescribing on what days the law- courts are to sit, and next of assigning them to the several magistrates ; for the latter must follow the arrangement which the Thesmothetae assign. Moreover they introd uce im peachments before the Assembly, and bring up all votes for removal from office, challenges of a magistrate's conduct before the Assembly, indictments for illegal proposals, or for proposing a law which is contrary to the interests of the state, com- plaints against Proedri or their president for their conduct in office, and the accounts pre- sented by the generals. All indictments also 1 Every alien resident in Athens was required to provide him- self with a patron from among the citizens. ito ARISTOTLE ON THE [ch. 59. come before them in which a deposit has to be made by the prosecutor, namely, indictments for concealment of foreign origin, for corrupt evasion of foreign origin (when a man escapes the disqualification by bribery), for black- mailing accusations, bribery, false entry of another as a state debtor, false testimony to the service of a summons, conspiracy to enter as a state debtor, corrupt omission from the list of debtors, and adultery. They also bring up the examinations of all magistrates,^ and the rejections by the demes and the condemna- tions by the Council. Moreover they bring up certain private suits in cases of merchandise and mines, or where a slave has slandered a free man. It is they also who cast lots to assign the courts to the various magistrates, whether for private or public cases. They ratify agreements with foreign states to regulate the decision of commercial disputes, and bring up the cases which arise out of such agreements ; and they also bring up cases of perjury from the Areo- pagus. The casting of lots for the jurors is conducted by all the nine archons, with the clerk to the Thesmothetae as the tenth, each perform- ing the duty for his own tribe. Such are the duties of the nine Archons. 60. There are also ten Commissioners of Games [Athlothetae], elected by lot, one from , 'feachlribe. These officers, after passing an exa- 1 i.e., the examination to which all magistrates were subjected Tjefore entering -•«'"ce. See ch. 55. CH. 6o.] ATHENIAN CONSTITUTION, iii mination, serve for four years ; and they manage the Panathenaic procession, the contest in music and that in gymnastic, and the horse-race ; they also, in conjunction with the Council, see to the making of the robe of Athena ^ and the vases,^ and they present the oil to the athletes. This oil is collected from the sacred olives. The archon requisitions it from the owners of the farms on which the sacred olives grow, to the amount of three-quarters of a pint from each plant. Formerly the state used to sell the fruit itself, and if anyone dug up or broke down one of the sacred olives, he was tried by the Council of Areopagus, and if he was condemned, the penalty was death. Since, however, the oil has been paid by the owner of the farm, the procedure has lapsed, though the law remains. The state takes the oil from the shoots, not from the stem of the plants. When, then, the Archon has collected the oil for his year of office, he hands it over to the Treasurers to preserve in the Acro- pohs, and he may not take his seat in the Areo- pagus until he has paid over to the Treasurers the full amount. The Treasurers keep it in the Acropolis until the Panathenaea, when they measure it out to the Commissioners of Games^ and they again to the victorious competitors. The prizes for the victors in the musical contest 1 See note i, p. 92, on ch. 49. 2 The vases given as prizes at the Panathenaea, of which a considerable number still exist, as may be seen in the British Museum. 112 ARISTOTLE ON THE [ch. Co. consist of silver and gold, for the victors in manly vigour, of shields, and for the victors in the gymnastic contest and the horse-race, of oil. 6i. All officers connected with miUtary se rvice are dected b y open vote. The Generals [Stra- teg^were formerly^ected one from each tribe, but now they are chosen from the whole mass of citizens. Their duties are as^igneTto them by open vote ; one is appointed to command the heavy infantry, and leads the citizens if they go out to war ; one to the defence of the country, who remains on the defensive, and fights if there is war within the borders of the country ; two to Piraeus, one of whom is assigned to Munychia, and one to the south shore, and these have charge of the north ^ front and of ever^'thing in Piraeus ; and one to superintend the symmories,^ who nominates the trierarchs ^ and arranges ex- changes of properties ^ for them, and brings up actions to decide on rival claims in connection with them. The rest are despatched to whatever business may be on hand at the moment. The appointment of these officers is submitted for 1 Reading x^i^^fi ^'^ proposed by Mr. Torr, for the MS. uXv5f. It is the breakwater which formed the north front of Piraeus. 2 The companies into which the richer members of the com- munity were formed (first in 377 B.C.) for the payment of the extraordinary charges in war-time. 3 The trierarchs were the persons (chosen from the richest men in the community) who were required to undertake the equipment of a trireme at their own expense. Like the office of Choregus (ch. 56) it was a public duty performed by private individuals. 4 See note i, p. 104, on ch. 56. «?. 5i.] ATHENIAN CONSTITUTION. 113 confirmation in each prytany,when the question is put whether they are considered to be doing their duty. If any officer is rejected on this vote, he is tried in the law-court, and if he is found guilty the people decide what punishment or fine shall be inflicted on him ; but if he is acquitted he holds office for the rest of his term. The Generals have full power, when on active service, to arrest anyone for insubordination, or to proclaim his name publicly, or to inflict a fine ; the latter is, however, unusual. There are also ten TaxmrchSj jong from each tribe, elected by open vote ; and each commands his own tribesmen and appoints captains of companies [Lochagi], There are also two Jiip^i,.^ parchsj .elected by open vote from the whole mass of the citizens, who command the cavalry, each taking five tribes. They have the same powers as the Generals have in respect of the infantry, and their appointments are also subject to con- firmation. There are also Phylarchs, elected by open vote, one from eachlribe, to command the cavalry, as the Ta^ciardiajia the iiiiantry. There is also a Hipparch for Lemnos, elected by open vote, who has charge of the cavalry in Lemnos. There is also a treasurer of the Paralus, and another of the Ammonias.^ 1 These are the two triremes, usually known as "sacred," which were used for special state services. According to the grammarians the two originally so employed were the Paralus and Salaminia ; e.g., it was the latter that was sent to fetch Alcibiades back from Sicily to stand his trial. The Ammonias appears to have taken the place of the Salaminia in the time of I 114 ARISTOTLE ON THE [ch. 62. 62. Of the magistrates elected by lot, in former times some, including the nine Archons, were elected out of the tribe as a whole, while others, namely those who are now elected in the Theseum, were apportioned among the demes ; but since the demes used to sell the elections, these magistrates too are now elected from the whole tribe, except the members of the Council and the guards of the dockyards, who are still left to the demes. Pay is received for the following services. First the members of the Assembly^ieceive a drachma for the ordinaix_nieetings, and nine obols for the " soyereign^' meeting. Then the jurors at the law-courts receive three obols ; and the membersof the 'UounciTlive^obols. The Prytanes receive an allowancelor their mainte- nance.^ . . . The nine Archons^ receive four obols apiece for maintenance, and also keep a herald anTa^flute-pTayer r and the Archon for^alamis receives^ drachma a day. The Commissioners for Games dine in the Prytaneum during the montH~^6f Hecatombaeon in which the Panathe- naic festival takes place, from the fourteenth day onwards. The Amphictyonic deputies to Delos receive a drachma a day from the exchequer Alexander, when the Athenians sent sacrifices to the god Ammon in it. 1 The MS. here is hoth corrupt and mutilated. 2 It is quite a new discovery that the archons received pay, as it has generally been believed that the magistrates at Athens served without remuneration. In the light, however, of this chapter and ch. 24 this belief requires reconsideration. CH. 630 ATHENIAN CONSTITUTION. 115 of Delos. Also all magistrates sent to Samos, Scyros, Lemnos or Imbros receive_an allow- ance for their maintenance. The military offices Vj may be held any number of times, but none of the other s more Jhan_ once, except the memb^ r- shipof the Cou ncil, which may be held tw ice^-^ 63. The juries Jpjr the law-courts are chosen ":,'1=tA/lAjL^ by lof ^y the nine Archons, each Tor their' own ^-;-^— -^""^ tribe, and by the clerk to the Thesmothetae for the tenth. There are ten entrances into the courts, one for each tribe ; twenty vessels for holding votes,^ two for each tribe ; a hundred chests, ten for each tribe ; and ten other chests, in which are placed the tickets of the jurors on whom the lot falls.^ Also two vases and a number of staves, equal to that of the jurors required, are placed by the side of each entrance ; and counters are put into one vase, equal in num- ber to the staves. These are inscribed with letters of the alphabet beginning with the eleventh {lambda\ equal in number to the courts which require to be filled. All pe rsons above thirty years of ageare^qualified to serve as jurors, pro- vided they are not debtors to the state and have not lost theirciviLrights. If any unqualified per- son serves as juror, an information is laid against him, and he is brought before the court ;^ and, 1 Or "rooms in which the jurors are elected." 2 The use of all these appliances is not clear, but would no doubt be explained if we possessed the conclusion of the work mtact. 3 Reading hltixrjjcn x«» elj to 5»xa 106- 108. Knights, 12. Law-courts, popular, men- tioned under Solonian con- stitution, 15 ; pay for service in, 51, 114 ; sittings regulated by Thesmothetae, 109 ; pro- cedure in, 115, 116 ; see also Areopagus, Delphinium, Palladium, Phreatto. Law-suits, various classes of, 95, 105, 106, no. Leaders of the people, list of, 52-54. Lemnos, Athenian hipparch in command there, 113; Athenian magistrates there, 115. Lenaea, festival of, 106. Leocoreum, scene of murder of Hipparchus, 32. Lipsydrion, defeat of Athe- nian exiles at, by Pisistra- tidae, 33 . song in memory of, 34. Logistae, elected from the members of the Council, 89 ; duties, 98, 99. Lot, see Elections. Lycurgus, leader of party of the Plain, 22. Lygdamis, of Naxos, assists Pisistratus, 26 ; is made tyrant of Naxos, ib. Lysander, of Sparta, estab- lishes government of the Thirty, 65. Lysicrates, archon, 453 B.C., 49; Lysimachus, condemned to death by the Council, 84. Marathon, battle of, 40. Market regulations, 93, 94. Maroneia, mines of, 42. Mart, Superintendents of, 94. Medon, king of Athens, 3, note, 4. Medontidae, character of rule of, 3. 4- Megacles, Alcmeonid, author of Cylonian sacrilege, i,?*^/"^. Megacles, son of Alcmeon, leader of party of the Shore, 22 ; alliance with Pisistratus, 25- Megacles, son of Hippocrates, ostracised, 42. INDEX. 123 Megara, war against, 23. Melobius, partisan of the Four Hundred, 55. Metronomi, 93. Miltiades, leader of the aris- tocratical party, 53. Mines, discovery of, at Ma- roneia, 42 r farmed out by the state, 87. Mnasilochus, archon under government of the Four Hundred, 62. Mnesitheides, archon, 457 B.C., 49. Monthly cases, 95. Munychia, occupied by Thrasybulus and the exiles, 69. Myron, accuser of Alcmeo- nidae for Cylonian sacrilege, 2. Mysteries, managed by king- archon, 106. , Superintendents of, 58, 106. Naucrari, officers of Treasury, 14. Neutrals, Solon's law against, 15. Nicias, leader of aristocratical party, 53. Nicodemus, archon, 483 b.c., 42. Oil, from the sacred olives, given as prize at the Pana- thenaea, in, 112. Orphans, under guardianship of the Archon, 105, 106. Ostracism, instituted by Cleis- thenes, 40 ; employment of, 40-43 ; proposed in 6th prytany of each year, 82. Palladium, court of, tries cases of unintentional homi- cide, 107. Pallene, battle at, between Pisistratus and the Athe- nians, 26. Panathenaea, festival of, 100, III. Pangaeus, Mt., residence of Pisistratus near, 26. Paralus, sacred trireme, 113. Paredri, of the Examiners of Accounts, 89. , of the three chief Ar- chons, 103. Paupers, supported by the state if infirm, 92. Pausanias, king of Sparta, assists re-establishment of democracy at Athens, 71. Pay for public services, 114, 115 ; under government of the Four Hundred, 56. Pelatae, 2. Peloponnesian war, outbreak of, 50. Pentacosiomedimni, 12. Pericles, restricts citizenship, 50 ; accuses Cimon, ib. ; leader of the people, 53; his policy, 50-52. Phaenippus, archon, 490 B.C., 40. Phayllus, moderate aristocrat, leaider of second board of Ten, 71. Philoneos, archon, 527 b.c, 29. 124 INDEX. Phormisius, leader of mode- rate party after fall of Athens, 65. Phreatto, court of, tries cases of homicide by an exile, 107. Phylarchs, under the Four Hundred, 57, 60; duties, 9^, 113- Phye, impersonates Athena at first return of Pisistratus from exile, 25. Phyle, occupied by Thrasy- bulus and the exiles, 68. Pii"aeus, demarch of, 100 ; Dionysia at, ib. Pisander, leader of the Four Hundred, 62. Pisistratidae, government of, 30-35- Pisistratus, leader of party of the Highlands, 22 ; leader of the people, 52 ; career of, 23-30 ; his government the fourth change in Athe- nian constitution, 76. Plans of public buildings, re- moved from jurisdiction of the Council, 92. Polemarch, origin of, 3 ; resi- dence, 5 ; duties, 108, 109. Poletae, 11, 87. President, of the Proedri, 83. , of the Prytanes, 83. Prisons, Superintendents of, 11,94, 95- Proedri, 83, 84. Property-qualification for poli- tical office, under Draconian constitution, 6 ; under Solo- nian constitution, 11. Prytaneum, official residence of Archon in early times, 5. Prytanes, under Draconian constitution, 6 ; duties of, in later times, 81-83. Prytanies, arrangement of, 81. Pythodorus, archon, 432 b.c, SO. Pythodorus, proposes institu- tion of the Four Hundred, 55 ; archon during govern- ment of the Thirty, 65. Receivers-General, 88, 89, 95. Religion, Commissioners of, 100. Rhaicelus, residence of Pisis- tratus at, 26. Rhinon, moderate aristocrat, leader of second board of Ten, 71. Roads, Commissioners of, 98. Sacrifices, Commissioners of, 58, 100. Salamis, archon of, 100 ; Dionysia at, ib. , battle of, 43. Samos, Athenian magistrates at, 115. Scyros, Athenian magistrates at, 115. Seisachtheia, the, of Solon, 9. Ship-building, controlled by the Council, 86. SImonides, the poet, invited to Athens by Hipparchus, 31. Sitophylaces, 94. Solon, first leader of the peo- ple, 2, si ; his poetry, 8, 9, 18-20 ; economical reforms, 9 ; constitutional reforms, H-16; reform of weights and measures, 16, 17 ; with- INDEX. 125 draws to Egypt, 17 ; opposi- tion to Pisistratus, 24 ; his reforms the third change in Athenian constitution, and the beginning of the demo- cracy, 76. Sparta, expels Pisistratidae, 34, 35 ; sends garrison to support the Thirty, 69. Springs, Superintendent of, 80. Strategi, see Generals. Taxiarchs, under the Four Hundred, 57. Telesinus, archon, 487 B.C., 41- Temples, Commissioners for repairs of, 92. Ten, board of, created to succeed the Thirty, 70; their rule, ib. ; excluded from afnnesty, 73. Ten, second board of, re-esta- blish peace in Athens after the anarchy, 70, 71 ; their rule, 71. Thargelia, festival of, 104, 105. Theatre, donation to pay ad- mission to, 80. Thebes, assists Pisistratus to regain tyranny, 26. Themistocles, procures build- ing of triremes, 42, 43 ; leader of the people, 44, 53 ; builds walls of Athens, 44 ; accused of treachery, 47 ; assists Ephialtes to over- throw Areopagus, 47, 48. Theopompus, archon, 411 B.C., 62. Theoric fund, Commissioners of, 80, 87. Theramenes, leader of aristo- cratical party, 53 ; character, 54 ; leader of the Four Hun- dred, 62 ; instrumental in overthrowing them, 63 ; leader of moderate party after fall of Athens, 65 ; op- poses extreme proceedings of the Thirty, 67, 68 ; exe- cuted, 69. Theseum, review held at, by Pisistratus, 26 ; magis- trates elected by lot there, 114. Theseus, the reforms of, the first change in Athenian constitution, 76. Thesmothetae, origin of, 4 ; residence, 5 ; duties, 90, 109, no. Thesraotheteum, official resi- dence of Archons, 5. Thessalus, surname of Hege- sistratus, son of Pisistratus, 30. Thetes, 12, 13. Thirty, government of, estab- lished, 65 ; its character, 65-69 ; overthrown, 70 ; ex- cluded from amnesty, 73 ; their government the tenth change in Athenian consti- tution, 76. Tholus, occupied by the Pry- tanes, 81, 83. Thrasybulus, occupies Phyle, and defeats army of the Thirty, 68, 69 ; prosecuted by Archinus for an illegal proposal, 74. 126 INDEX, Three Thousand, body of, under government of the Thirty, 68. Thucydides, leader of aristo- cratical party, 53. Timonassa, of Argos, second wife of Pisistratus, 30. Timosthenes, archon, 478 B.C., 45. Tragedy, choregi appointed for, 103. Treasurer, Military, 80, 92. , of paupers, 92. Treasurers of Athena, in Dra- conian constitution, 6; in Solonian constitution^ 11 ; under the Four Hundred, 57 ; nominal property-quali- fication for, 13, 87 ; duties, 86,87, "I- - — , Hellenic, 58. , of sacred triremes, 113. Tribe-kings, 14, 76, 108. Tribes, four, in early consti* tutions, 14. , ten, instituted by Cleis- thenes, 37. Trittyes, in primitive consti* tution, 14 ; in Cleisthenean constitution, 38. Wards of state, 80, 82, 105, 106. Weights and measures, re- formed by Solon, 16 ; offi- cial superintendence of, 93. Widows and orphans, under guardianship of Archon, 105, 106. Xanthippus, son of Ariphron, ostracised, 42 ; leader of the people, 53. Xenaenetus, archon, 401 B.C., 75. Zeugitae, 12, 13 ; made eli- gible as archons, 49. CHISWICK PRESS ! — C. WHITTINGHAM AND CO. TOOKS COURT, CHANCERY LANK. V ^^ ih^Z-l-iz. jr. / /