Greco-Christian stream·Corpus Aristotelicum (Complete Works of Aristotle)·Constitution of Athens (Athenaiōn Politeia)

Source context

Theme

constitutional history and democratic development of the Athenian polis

Soul-faculty

Intellectual Soul

Steiner

not engaged in the GA corpus

Cross-tradition

• Roman political philosophy (Cicero, De Re Publica)Roman accounts of constitutional development in mixed-government theory offer cross-tradition congruence with Aristotle's historical account of Athenian constitutional cycles between tyranny, oligarchy, and democracy.
• Vedic political thought (Arthashastra)Kautilya's systematic treatment of statecraft and governance structures presents a cross-tradition congruence in the analytical cataloguing of political institutions, though within a monarchical rather than democratic framework.

Constitution of Athens

Ἀθηναίων Πολιτεία · Atheniensium Respublica · politics

[ch1.1] 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.

[ch3.1] 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.

[ch4.1] 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.

[ch5.1] 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.

[ch6.1] 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 <i}i<TH for po-fi. It might also be rendered " In cha- racter." lo ARISTOTLE ON THE [ch. 6. the partisans of the popular party say, his friends stole a march on him, while those who wish to attack his character ^ maintain that he too had a share in the fraud himself. For these persons! borrowed money and bought up a large amount off land, and so, when, a short time afterwards, all|( debts were cancelled, they became wealthy / \ and this, they say, was the origin of the families! \ which were afterwards looked on as possessing! '^ wealth from primeval times. However, the story of the popular party is by far the most probable. 1 A man like Solon, who was so ^ moderate an4.'^ just in all his other actions, that although he might have put the laws beneath his feet and have established himself as tyrant, he preferred / instead to incur the hostility of both parties by ! placing his honour and the general welfare above his personal aggrandisement, is not likely to have consented to defile his hands by such a petty and unworthy transaction. That he had this absolute power and that he remedied the diseases of the body politic, he both testifies himself repeatedly in his poems, and it is ad- mitted by all ; and therefore we are bound to consider this accusation to be false

[ch7.1] Next Solon drew up a constitution and enacted new laws ; and the statutes of Draco ceased to be used with the exception of those relating to murder. The laws were inscribed 1 Reading o< [^ooXo]/ixevoi ^Xa(n$)»)/u6~v, as suggested by Prof. J. E. B. Mayor. 2 Reading \w^-^' 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.

[ch8.1] 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<pe<r&(xi, as in Plut. Sol. 18, or some equivalent word. The MS. is imperfect here. 3 This was, unquestionably, one of the most important factors in the development of the Athenian democracy. The larp:e juries (consisting of several hundreds of members) which sat in the Athenian courts, and appointed the sentence as well as decided on the guilt of the accused, practically represented the voice of the people ; and as all magistrates had to submit to i6 ARISTOTLE ON THE [ch. 9. not drawn up in simple and explicit terms (but like the one concerning inheritances and wards of state), disputes inevitably occurred, and the courts had to decide in every matter, whether public or private. Some persons in fact believe that Solon deliberately made the laws indefinite, in order that the people might have something left to its final decision. This, however, is not at all probable, and the reason no doubt was that it was impossible to attain ideal perfection when framing a law in general temns ; for we must judge of his intentions, not from the actual results in the present day, but from the general tenor of the rest of his legislation.

[ch10.1] These seem to be the democratic features of his laws ; but in addition, before the period of his legislation, he made his abolition of debts, and ^r after it his increase in the standards of weights and 'measui-es, andof the currency. During his term of office the measures were made larger than those of Pheidon, and the mina, which previously contained about seventy ^ drachmas, was raised to the full hundred. The standard coin in earlier times was the two-drachma piece. examination before the law-courts at the end of their term of office, the democracy had a ready means of securing obedience to its wishes. The " voting-power " is consequently that which was exercised in deciding the verdict and the sentence. 1 The exact number was seventy-three ; that is. seventy-three of the old drachmas were coined into one hundred of the new. The effect of this was to substitute the Euboic for the Aeginetan standard of coinage ; and Solon's object, no doubt, was to en- courage Athenian trade with the great coiT,mercial cities of Euboea and Asia Minor, which used the same standard. CH. II.] ATHENIAN CONSTITUTION, 17 He also appointed as the standard of currency the proportion of sixty minas ^ to the talent, and the mina was also distributed into staters ^ and the other values. II. When he had completed his organization of the constitution in the manner that has been described, he found himself beset by people^ coming to him and harassing him concerning his laws, criticising here and questioning there, y till, as he neither wished to alter what he had | decided on nor yet to be an object of ill will 1 to ever>^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,

[ch12.1] 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, 0 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»] <ppa<raiotro, which, with a slight alteration, is that of the MS. CH. 13.] ATHENIAN CONSTITUTION. ix

[ch13.1] Such, then, were Solon's reasons for his departure from the countr>\ 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.

[ch14.1] 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<ryihy. 2 It has been commonly supposed, on the authority of Plu- tarch, that Pisistratus gained his distinction in the war against Megara for the recovery of Salarais, which was undertaken at the instance of Solon, about 600 B.C. This, however, would make him hardlj' less than sixty at his first assumption of the tyranny, eighty when he finally secured himself in it, and over ninety at his death, — ages which are impossible when we con- sider the ordinary duration of life in those days. Moreover, a distinction gained in 600 b.c. would hardly have helped him in an enterprise forty years later. It is therefore tolerably certain that the war with Megara here alluded to is a much later one, which must have taken place about 565 B.C. See ch. 17. 24 ARISTOTLE ON THE [ch. 14. , archonship of Corneas, thi^ty-qne^ years, after the legislation of Solon. It is related that, when Pisistratus asked for his body-guard, Solon op- posed the request, and declared that in so doing he proved himself wiser than half the people and braver than the rest, — wiser than those who did not see that Pisistratus designed to make himself tyrant, and braver than those who saw it and kept silence. But when all his words availed nothing he carried forth his armour and set it up in front of his house, saying that he had helped his country so far as lay in his power (he was already a very old man), and that he called on all others to do the same. Solon's exhortations, however, proved fruitless, and Pisistratus assumed the sovereignty. His ad- ministration was far more like a constitutional government than the rule of a tyrant ; but before his power was firmly established, the adherents of Megacles and Lycurgus made a coalition and drove him out. This took place in the archonship of Hegesias, five years after the first establishment of his rule. Eleven years later ^ Megacles, being in difficulties in a party ; 1 The date of Pisistratus' first tyranny is fixed, by means of ithe archon, at 560 b.c. ; and the accepted date of Solon is 594 B.C. Either, thiereTore, Solon's legislation should be placed three years later (which will also involve altering the date of Dama- sias), or Aristotle has made a mistake in his chronology. 2 There is some error in Aristotle's chronology of the life of Pisistratus, for while he states below that, of the thirty-three years between his first accession and his death, nineteen were spent in possession of the tyranny and fourteen in exile, in the CH. 15.] ATHENIAN CONSTITUTION. 25 Struggle, again opened negotiations with Pisis- tratus, proposing that the latter should marry his daughter ; and on these terms he brought him back to Athens, by a very primitive and simple- minded device. He first spread abroad a rumour that Athena was bringing back Pisistratus, and then, having found a woman of great stature and beauty, named Phye (according to Herodotus, of the deme of Paeania, but as others say a Thracian flower-seller of the deme of Colyttus), he dressed her in garb resembling that of the goddess and brought her into the city with Pisistratus. The latter drove in on a chariot with the woman beside him, and the inhabitants of the city, struck with awe, received him with adoration.

[ch15.1] In this manner did his first return take place. He did not, however, hold his power long, for about six years after his return he was again expelled. He refused to treat the daughter of Megacles as his wife, and being afraid, in con- A- actual enumeration of years he gives twenty-one years of exile and consequently only twelve of rule, of which only one can be assigned to his last period of government, which is always spoken of as the longest. It is therefore tolerably certain that one of the periods of exile is wrongly dated ; and as the ten years of the second exile are confirmed by Herodotus, it may be concluded that the eleven years here assigned to the first exile are wrong, and should be reduced to four. It should be noticed that in the Politics it is stated that Pisistratus was ac- tually in power only seventeen years out of the thirty-three ; but this would reduce the duration of his third tenure of power lower than is at all probable, unless we suppose that the length of the two earlier terms is wrongly given here. UNTVEBSITl t» ARISTOTLE ON THE [ch. 17. manded in the war against Megara for the re- covery of Salamis. It will not harmonize with their respective ages, as anyone may see who will reckon up the years of the life of each of them, and the dates at which they died. After the death of Pisistratus his sons took up the govern- ment, and conducted it on the same system. He had two sons by his first and legitimate ^ wife, Hippias and Hipparchus, and two by his Argive consort, lophon and Hegesistratus, who had the surname of Thessalus. For Pisistratus took a wife from Argos, of the name of Timonassa, the daughter of a man of Argos, named Gor- gllus ; she had previously been the wife of Archlnus of Ambracia, one of the descendants of Cypselus. This was the origin of his friend-^ ship with the Argives, and a thousand of them were brought over by Hegesistratus ^ and fought on his side in the battle at Pallene. Some autho- rities say that this marriage took place after his •first expulsion from Athens, others while he was in possession of the government.

[ch18.1] Hippias and Hipparchus assumed the control of affan-s on grounds alike of standing and of age ; but Hippias, as being the elder and being also naturally of a statesmanlike and shrewd disposition, was really the head of the government. Hipparchus was youthful in dis- 1 Pisistratus' second wife was a foreigner, and therefore not legitimate according to strict Athenian law. 2 'Hyrio-jo-rpaTou, and not nejo-jorpaTou, is probably the reading of the MS., as Mr. J. B. Mayor has suggested. CH. i8.] ATHENIAN CONSTITUTION. 31 position, amorous, and fond of literature, and it was he who invited to Athens Anacreon, Simo- nides, and the other poets. Thessalus was much junior in age, and was violent and headstrong in his behaviour. It was from the character of Hip- parchus ^ that all the evils arose which befell the house. He became enamoured of Harmodius, and, since he failed to win his affection, he lost all restraint upon his passion, and after several other insults he finally manifested his rage by forbid^ ding the sister of Harmodius to take the part of a basket-bearer in the Panathenaic procession, insulting Harmodius at the same time by alleging as his reason that he was a person of loose life. The result of this was that Harmodius and Aristogeiton, in a frenzy of wrath, did their celebrated deed, in conjunction with a number of other citizens.^ But while they were watching Hippias in the Acropolis during the Panathenaea (Hippias, at this moment, was initiating the sacrifice,^ while Hipparchus was organizing the procession) they saw one of the persons privy to 1 As the words stand in the original, this sentence ought to apply to Thessalus, and not to Hipparchus ; but it is so well estab- lished from other sources that it was Hipparchus who was the cause of the conspiracy of Harmodius and Aristogeiton, that it is evident that the sentence relating to Thessalus must be taken as parenthetical, and that Aristotle is continuing to speak of Hipparchus, 2 Thucydides states expressly that the conspirators were few in number, and it is probable that there is some error in the text here, 3 Reading /uev aa.ra.p'jfiiJLevcq, but it is very doubtful if this is the right word. s6 ARISTOTLE ON THE [ch. 15. sequence, of a combination of the two opposing parties, he retired from the country. First he led a colony to a place called Rhaicelus, in the region of the Thermaic gulf ; and thence he passed to the country in the neighbourhood of Mt. Pangaeus. Here he acquired wealth and hired mercenaries ; and not till ten years had elapsed did he descend on Eretria and make an attempt to recover the government by force. In this he had the assistance of many allies, notably the Thebans and Lygdamis of Naxos, and also the Knights who held the supreme power in the constitution of Eretria. After his victory in the battle at Pallene he recovered the sovereignty, and when he had disarmed the people he at last established his tyranny securely, and was able to proceed to Naxos and set up Lygdamis as ruler there. He effected the disarmament of the people in the following manner. He held a review in full armour in the Theseum,^ and began to make a speech to the people. He spoke, however, in a low voice ; and when the people called out that they could not hear him, he bade them come up to the entrance of the Acropolis, in order that his voice might be better heard. Then, while he continued to speak to them at great length, men whom he had ap- pointed for the purpose collected the arms and locked them up in the neighbouring chambers of the Theseum, and came and made a signal 1 This, and not Anaceura, is the true reading of the MS. CH. 16.] A THEN/AN CONSTITUTION, 27 to him. Pisistratus accordingly, when he had finished the rest of what he had to say, told the people also what had happened to their arms ; and he exhorted them not to be surprised or alarmed, but to go home and attend to their private affairs, while he would for the future manage all the business of the state.

[ch16.1] Such was the origin and such the vicis- situdes of the tyranny of Pisistratus. His administration was temperate, as has been said before, and more like constitutional government than a tyranny. Not only was he in every respect ^ humane and mild and ready to forgive those who offended, but, in addition, he advanced money to the poorer people to help them in their labours, so that they might make their living by agriculture.^ In this he had two objects, first that they might not spend their time in the city but might be scattered over all the face of the country, and secondly that, being moderately well off and occupied with their own business, they might have neither the wish nor the time to attend to public affairs. At the same time his revenues were increased by the thorough cultivation of the country, since he imposed a tax of one tenth on all the produce. For the same reasons he instituted the local justices,^ and often made expeditions in person into the country to inspect 1 aXXotf appears to be the MS. reading, not 6[£<r/u,o7f], as printed. 2 The true reading of the MS. is $iarpe 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."

[ch17.1] 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.

[ch19.1] 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.

[ch20.1] 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.

[ch21.1] 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.

[ch22.1] 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 0 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.^ ^,

[ch24.1] 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.

[ch26.1] 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.

[ch27.1] 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.

[ch28.1] 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.

[ch29.1] 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.

[ch31.1] 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.^

[ch32.1] 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.

[ch33.1] 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.^ ^^"

[ch34.1] 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.

[ch35.1] 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.

[ch36.1] 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.

[ch38.1] 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.

[ch39.1] 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,«p5ou<r»of for 72 ARISTOTLE ON THE [ch. 39. of Eucleides.^ All persons who, having remained in the city during the troubles, were now anxious to leave it, were to be free to settle at Eleusis, retaining their civil rights and possessing full and independent powers of self-government, and with the free enjoyment of their own personal pro- perty. The temple at Eleusis should be common ground for both parties, and should be under the superintendence of the Ceryces and the Eumolpidae,^ according to primitive custom. The settlers at Eleusis should not be allowed to enter Athens, nor the people of Athens to enter Eleusis, except at the season of the mysteries, when both parties should be free from these restrictions. The secessionists should pay their share to the fund for the common defence out of their revenues, just like all the other Athenians. If any of the seceding party wished to take a house in Eleusis, the people would help them to obtain the consent of the owner ; but if they could not come to terms, they should appoint three valuers on either side, and the owner should receive whatever price they should ap- point. Of the inhabitants of Eleusis, those whom the secessionists wished to remain should be allowed to do so. The list of those who desired to secede should be made up within seven days after the taking of the oaths in the 1 i.e.y late in the summer of 403 B.C. 2 The Ceryces (or Heralds) and Eumolpidae were two ancient Athenian families, who from the earliest times had retained the duty of superintending the Eleusinian mysteries. See ch. 57. CH. 40.] ATHENIAN CONSTITUTION. 73 case of persons already in the country, and their actual departure should take place within twenty days ; persons at present out of the country should have the same terms allowed to them after their return. No one who settled at Eleusis should be capable of holding any office in Athens until he should again be inscribed on the roll as a resident in the city. Trials for homicide should be conducted according to the primitive fashion, which required that any person who killed another should pay a penalty, which he consecrated to the gods.^ There should be an universal amnesty concerning past events to- wards all persons, except the Thirty, the Ten, the Eleven, and the magistrates in Piraeus; and these too should be included if they should submit their accounts in the usual way. Such accounts should be given by the magistrates in Piraeus for all matters coming within the limits of Piraeus, and by the magistrates in the city for all that came within the limits of the city.^ On these terms those who wished to do so might secede. Each party was to repay separately the money which it had borrowed for the war.

[ch40.1] When the reconciliation had taken place on these terms, those who had fought on the side of the Thirty felt considerable apprehen- sions, and a large number intended to secede. But as they put off entering their names till the 1 The reading of this passage is rather doubtful. ' 2 The exact reading of this passage also is doubtful, but the general sense appears to be that here given. 74 ■ ARISTOTLE ON THE [ch. 4a. last moment, as people will do, Archmus, ob- serving their numbers, and being anxious to retain them as citizens, cut off the remaining days during which the list should have remained open ; and in this way many persons were com- pelled to remain, though they were very un- willing to do so until they recovered confidence. This is one point in which Archinus appears to have acted in a most statesmanlike manner, and another was his prosecution of Thrasybulus on the charge of illegality, for a motion by which he proposed to confer the franchise on all who had taken part in the return from Piraeus, al- though some of them were notoriously slaves. And yet a third such action was when one of the returned exiles began to violate the amnesty, whereupon Archinus haled him to the Council and persuaded them to execute him without trial, telling them that now they had an oppor- tunity of showing whether they wished to pre- serve the democracy and abide by the oaths they had taken ; for if they let this man escape they would encourage others to imitate him, while if they executed him they would set an example to all men. And this was exactly what happened ; for after this man had been put to death no one ever again broke the amnesty. On the contrary, the Athenians seem, both in public and in private, to have behaved in the most un- precedentedly admirable and public-spirited way with reference to the preceding troubles. Not only did they blot out all memory of former f !i CH. 41.] ATHENIAN CONSTITUTION. 75 offences, but they even repaid to the Lace- daemonians out of the public purse the money which the Thirty had borrowed for the war, although the treaty required each party, the party of the city and the party of Piraeus, to pay its own debts separately. This they did because they thought it was a necessary first step in the direction of restoring harmony ; but in other states, so far from the democratic parties making advances from their own possessions, they rather make a general re-distribution of the land. A further reconciliation was made with the secessionists at Eleusis two years after the secession, in the archonship of Xenaenetus.^

[ch41.1] This, however, took place at a later date ; kt the time of which we are speaking the people, having secured the control of the state, established the constitution which exists at the present day. Pythodorus was archon at the time, but the democracy seems to have assumed the supreme power with perfect justice, since it had effected its own return by its own exertions.^ This was the eleventh change which had taken place in the constitution of Athens. First of all came the original establishment by Ion and those who assisted him in forming the settle- 1 401 B.C. The date of this event has not hitherto been known accurately, and it has generally been placed earlier. 2 There is some doubt whether the text here is not corrupt. There is no natural contrast between the fact that Pythodorus was archon and the assumption of the control of the state by the democracy, since the archon had for a long time been nothing more than a figure-head. Ttf- ARISTOTLE ON THE [ch. 41. ment, when the people was first divided into the four tribes, and the tribe-kings were created. Next, and the first organization of the constitu- tion following this,^ was that which took place in the reign of Theseus, consisting in a slight deviation from absolute monarchy. After this came the constitution formed under Draco, when the first code of laws was drawn up. The third was that which followed the civil war, in the time of Solon ; from this the democracy took its rise. The fourth was the tyranny of Pisistratus ; the fifth the constitution of Cleisthenes, after the overthrow of the tyrants, of a more democratic character than that of Solon. The sixth was that which followed on the Persian wars, when the Council of Areopagus had the direction of the state. The seventh, succeeding this, was the constitution which Aristides sketched out, and which Ephialtes brought to completion by over- throwing the Areopagite Council ; under this the nation, misled by the demagogues, made the most serious mistakes on account of its maritime empire. The eighth was the establish- ment of the Four Hundred, followed by the ninth, the restored democracy. TlaeTentlT^^as the tyranny of theTWrty^nd the Ten. The eleventh was that which follovve^nthe return from Phyla and Piraeus ; and this has continued 1 This is the first of the eleven changes to which Aristotle has just referred. The constitution of Ion is not reckoned in the enumeration, since it was the original establishment and not a change. CH. 42.] ATHENIAN CONSTITUTION. 77 . from that day to this, with continual accretions • of power to the masses. The democracy has made itself master of everything and administers everything by its votes in the Assembly and by the law-courts, in which it holds the supreme power. Even the jurisdiction of the Council | has passed intothe hands of the people at large ; ^ and this appears to be a judicious change, , since small bodies are more open to~corruption, \ \ jwhethSnby actual rnone^ qr^>r7nliuence7than 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.

[ch42.1] 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.

[ch43.1] 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.

[ch44.1] 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.^

[ch45.1] 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<rr^p»ov) always means one of the large popular jury- courts described on p. 15, note 3. 5 This, though verbally close to the original, is rather ?- para- phrase than a translation. The original apparently denotes that Lysimachus was about to be executed by the method of beating or bastinadoing to death. CH. 46.] ATHENIAN CONSTITUTION. 85 the Council thenceforward of the power to in- flict death or imprisonment or fine, passing a law that if the Council condemn any person for an offence or inflict a fine, the Thesmothetae shall bring the sentence or fine before the law- court, and the decision of the jurors shall be the final judgment in the matter. The Council passes judgment^jiiL-near]y aU magistratesj especially those whoJiayeJL]i£_£ontrQl of money ; its judg- mentj'Iibwever, is not final, but is subject to an appeal to the law-courts. Private-Jndividuals, also, may^jmpeach any magistrate they please for not obeying the laws, but here too there is anjippeal to the law-courts if the Council declare the charge proved. The Council also examines those who are to be its members for the ensuing year, and also the nine Archons.^ Formerly the Council had full power to reject candidates for office as unsuitable, but now these too have an appeal to the law-courts. In all these matters, therefore, the Council has no final juris- diction. It has, however, a preliminary con- sideration of all meters brought before the Assembly, and the Assembly cannot vote on any question unless it has first been considered by the Council and placed on the programme by the Prytanes ; since a person who carries a motion in the Assembly is liable to an action for illegal proposal on these grounds.

[ch46.1] The Council also superintends the tri- 1 See ch. 55. 86 ARISTOTLE ON THE [ch. 46. remes that are already in existence, with their tackle and she^SjL^^nd builds new triremes or 'quajfirem^^ j^hichever the~~7^sembly votes, with tackle and sheds to match. The Assembly appointslnaster-builders for the ships by vote ; and if they do not hand them over completed to the next Council, the old Council^ cannot receive the customary donation, — that being normally given to it during its successor's term of office. For the building of the triremes it appoints ten ship-builders, chosen out of the whole body of the people. The Council also inspects all pub- lic buildings, and if it is of opinion that the state is being defrauded, it reports the culprit to the Assembly, and after itself condemning him hands him over to the law-courts.

[ch47.1] The Council also co-operates with the other magistrates in most of their duties. First there are the treasurers of Athena,* ten in 1 i.e., the sheds in which the ships were laid up when in dock. 2 Quadriremes (as Mr. C. Torr has pointed out) were first built at Athens a few years before 330 B.C., and in 325 B.C. they began to build quinqueremes. As the latter are not men- tioned here, we seem to get a lower limit of date for the com- position (or revision) of the treatise. The upper limit is fixed in ch. 54 as 329 B.C. 3 Grammatically the subject of this sentence should be the master-builders, but we know from the speech of Demosthenes against Androtion that the Council received a donation of a golden crown, which was withheld if it did not hand over its quota of new triremes to its successor ; and his language is so exactly parallel to that which is used by Aristotle that it is diffi- cult to believe that they are not speaking of the same custom. 4 Each of the temples seems to have possessed a treasury, but that of the temple of Athena was by far the most important. CH. 470 ATHENIAN CONSTITUTION, 87 number, elected by lot, one from each tribe. Accof3mg to the law of Solon — which is still in force — they must be Pentacosiomedimni, but in point of fact the person on whom the lot falls holds the office even though he be quite a poor man. These officers take over charge of the statue of Athena, the figures of Victory and all the other ornaments of the temple, together v/ith the money, in the presence of the Council. Then there are the Commissioners fo^PublkCon-^ ^tractsJPoletae], ten in number, one elected by lot from each tribe. These officers^ faniLOiit-the public con tracts^and^Jease the mines, and, in conjunction with the military treasurer and the commissioners of the Theoric fund, confirm the farming out of taxes, in the presence of the Council, to the persons whom the latter appoints. They also lease, in the presence of the Council, such workable mines as are let out by the state, which are let for three years, and the conces- sions which are let for [three] years, ^ and also the property of those who have gone into exile from a sentence of the Areopagus, and of state- debtors ;^ and the nine Archons ratify the con- tracts. They also hand over to the Council lists of the taxes which are farmed out for the year, en- tering on whitened tablets the name of the lessee 1 This is probably the true reading of the passage, but the MS. is considerably damaged in this part. The rest of this chapter is much mutilated, and the sense cannot in all cases be supplied with certainty. 2 The MS. appears to have hipu'hiTwv, 88 ARISTOTLE ON THE [ch. 47. and the amount paid. They make separate Hsts, first of those who have to pay their instalments in each prytany, on ten several tablets, next of those who pay at the end of the year, with a separate tablet for each instalment, and finally of those who pay in the ninth prytany. They also draw up a list of farms and dwellings which are leased or farmed out, and place it in the law- court ; for these too come within their province. In the case of dwellings the value must be paid up in five years, and in that of farms, in ten. The instalments are paid in the ninth prytany. Further, the King-archon brings before the Council the leases of the sacred enclosures, written on whitened tablets.^ These too are leased for ten years, and the instalments are paid in the [ninth] prytany ; consequently it is in this piytany that the greatest amount of money is collected. The tablets containing the lists of the instalments are carried into the Council, and the public clerk takes charge of them. When- ever a payment of instalments is to be made he delivers to the Receivers-General the precise columns containing the sums which are to be paid and struck ofif on that day. The rest are keep apart, in order that no sum may be struck ofif before it is paid.^ 1 The restoration of this sentence is partly due to Mr. Wyse and Dr. Jackson. 2 This represents what is believed to be the true reading of the M S. in this passage, which had not been fully deciphered when the Greek text was printed. CH. 48.] ATHENIAN CONSTITUTION. 89

[ch48.1] There arejtenJR.ecei vers- General [Apo- dectae], elected by lot, one frorrTeach tribe. These officers receive the tablets, and strike off the in- stalments as they are paid, in the presence of the Council in the Council-chamber, and give the tablets back to the public clerk. If anyone fails to pay his instalment, a note is made of it from this record, together with the cause ; and he is bound to make good the deficiency, or, in default, to be imprisoned. The Council has full power by the laws to exact these payments and to inflict this imprisonment. They receive the money, therefore, on one day, and portion it out among the magistrates ; and on the next day they bring up the report of the apportionment, written on a wooden notice-board, and read it out in the Council-chamber, after which they ask publicly in the Council whether anyone knows of any malpractice in reference to the apportionment, on the part of either a magistrate or a private individual, and if anyone is charged with mal- practice they put the question to the vote. The Council also elects ten Auditors [Logistae] Jjy lot from its own members, to audit the accoimfs^ of th'e magistrates for each prytany. They also elect one Examiner of Accounts [Euthunus] by^lot from each tribe, with two assessors [Paredri] for each examiner, whose duty it is to sit in the market-place,^ each oppo- site the statue of the eponymous hero of his tribe ; A The word is doubt^jl.4»iiTe'ox»gio^. CMVEBi 96 ARISTOTLE ON THE [ch. 4&. and if anyone wishes, on the ground of some private difference, to question the accounts of any magistrate who has given in his accounts before the law-courts, within three days of his having given them in, the assessor enters on a whitened tablet the name of this person^ and that of the magistrate prosecuted, together with the mal- practice that is alleged against him. Then he enters his claim ^ for a penalty of such amount as seems to him fitting, and gives in the record to the Examiner. The latter takes it and hears the charge, and if he considers it proved he hands it over, if a private case, to the local justices who introduce cases ^ for the tribe con- cerned, while if a public case he enters it on the register of the Thesmothetae. Then, if the Thesmothetae accept it, they bring the accounts of this magistrate once more before the law- court, and the decision of the jury stands as the final judgment.

[ch49.1] The Council also examines^ the horses belonging To"the state. If it finds one which, though sound, will not go well,^ it mulcts it of some of its corn ; while those which cannot go 1 Or, reading TO aurou as proposed by Prof. Blass, "he(/.^., the complainant) enters . . . his own name." 2 Reading eTFiypu<p6iJ,svog, as suggested by Mr. Wyse. 3 All cases had to be brought before the courts by some magistrate. Several instances in which one of the archons, or the thesmothetae collectively, or the arbitrators, or some other magistrate, performed this function for specific classes of cases are mentioned in the following chapters. 4 Reading rpix^iv, as suggested by Prof. Lewis Campbell. CH. 49.] A THENIAN CONSTITUTION. 91 or which will not obey the rein, it brands with a wheel on the jaw,^ and the horse so marked is disqualified for service. It also examines those who appear to be fit for service as couriers, and anyone whom it rejects is deprived of his horse. It also examines the unmounted couriers,^ and anyone whom it rejects ceases to receive his pay. The roll of the 'cavalry is drawn up by the Commissioners of Enrolment [Catalogeis], ten in number, elected by the Assembly by open vote. They hand over to the Hipparchs and Phylarchs the list of those whom they have enrolled, and these officers take it and bring it up before the Council, and there open the tablet in which the names of the cavalry ^ are sealed up. If any of those who have been on the roll previously make affidavit that they are physically incapable of cavalry service, they strike them out ; then they call up the persons newly en- rolled, and if anyone makes affidavit that he is either physically or pecuniarily incapable of cavalry service they dismiss him, but if no such 1 Filling the lacuna with yvaSov, which Mr. Wyse and Mr. Hicks have shown to be the true reading. 2 Retaining the MS. reading av/mrouf, this seems the only reasonable sense to be assigned to it. But it would be easy to restore a/x/Trirouf, as Mr. Newman suggests, in which case it means infantry who fought among the ranks of the cavalry. Then 7rpo5po/u.o» above should also be taken as a military term, meaning light cavalry who acted as advance guard or skir- mishers. There was a special corps so named in the army of Alexander. 3 i.e.^ the names of those already in the cavalry, before the new enrolment. 92 ARISTOTLE ON THE [ch. 49. affidavit is made the Council votes whether the fidual in question is suitable for the purpose tt. If they vote in the affirmative his name tered on the tablet ; if not, he is dismissed with the others. Formerly the Council used to decide on the plans for public buildings and the contract for making the robe^^fcth^hJr; ^ but now this work is doi^bv a iuiil^P^ie law-courts appointed by «ot, sm^WWBouncil was considered to have jhown favouritism in its decisions. The Council also has a share in the superintendence of the manufacture of the images of Victory and the prizes at the Panathenaic festival, in conjunction with the Military Treasurer. The Council also examines infirm paupers ; for there is a law which enacts that persons possessing less than three 'minas, who are so ^£iPP]^„?:lBPl-lP— ^^^^i^ ^^ ^^ ^^y work, are, after examination by the Council, to receive two obols a day from the state for their support. A treasurer is appointed by lot to attend to them. The Council also, speaking broadly, co- operates in most of the duties of all the other magistrates ; and this ends the list of the func- tions of that body.

[ch50.1] There are ten Commissioners Jbr Repairs of Temples^ elected by lot, who receive a sum of 1 This was the robe which was carried in procession at the great Panathenaic festival. It was embroidered with mytho- logical subjects, and was woven on each occasion by a number of girls, under the superintendence of two of superior family. CH. 51.] ATHENIAN CONSTITUTION. 93 thirty minas from the Receivers-General, and therewith carry out the most necessary repairs in the temples. There are also ten City Commissioners [Asty- nomi], of whom five hold office in Piraeus and five in the city. Their duty is to see that female flute- and harp- and lute-players are not hired at more than two drachmas, and if more than one person is anxious to hire the same girl, they cast lots and hire her out to the person to whom the lot falls. They also provide that no collector of sewage shall shoot any of his sewage within ten stadia of the walls ; ^ they prevent people from blocking up the streets by building, or stretching barriers across them, or making drain-pipes in mid-air so as to pour their contents into the street, or having doors'^ which open outwards ; and they remove the corpses of those who die in the streets, for which purpose they have a body of sTate slaves assigned to them.

[ch51.1] Market Commissioners [Agoranomi] are elected by lot, five for Piraeus, five for the city. The duty assigned to them by law is to see that all articles offered for sale in the market are pure and unadulterated. Commissioners pf_^ Weights _an^^^ Measures [Metronomi] are elected by lot, five for the city, and five for Piraeus. They see that sellers use fair weights and measures. 1 Following Prof. J. E. B. Mayor's restoration of this passage, IvTCf i rra^iwv tou rtiyovg. 2 Or possibly "windows." 94 ARISTOTLE ON THE [cH. 51* Formerly there were five Corn Commissioners [Sitophylaces], elected by lot, for Piraeus, and five for the city ; but now there are twenty for the city and fifteen for Piraeus. Their duties are, first, to see that the unprepared corn in the market is offered for sale at reasonable prices, and secondly to see that the millers sell barley meal at a price proportionate to that of barley, and that the bakers sell their loaves at a price proportionate to that of wheat, and of such weight as the Commissioners may appoint ; for the law requires them to fix the standard weight. There are ten Superintendents of the Mart, elected by lot, whose duty is to superintend the Mart, and to compel merchants to bring up into the city two-thirds of the corn which is brought by sea to the Corn Mart.^ , 52. The Eleven also are appointed by lot to f take care of those who are in the state gaol. Thieves, kidnappers, and pickpockets are brought to them, and if they plead guilty they are executed, but if they deny their crime the Eleven bring the case before the law-courts ; if the prisoners are acquitted, they release them, but if not, they then execute them. They also bring up before the law-courts the list of farms and houses claimed as state-property ; and if it 1 This is the reading of the MS., but it is possible that we should substitute for it the word used by Harpocration, who quotes the sentence with the variation "Attic Mart" for "Corn Mart." The name "Attic Mart " is found in Demosthenes as an official designation of Piraeus. Another authority which quotes the passage gives the name as the " City Mart." CH. 53.] A THENIAN CONSTITUTION. 95 is decided that they are so, they deliver them to the Commissioners for Public Contracts. The Eleven also bring up informations laid against magistrates alleged to be disqualified ; this function comes within their province, but some such cases are brought up by the Thesmothetae. There are also five Introducers of Cases [Eisagogeis], one for each pair of tribes, who bring up the " monthly " cases ^ to the law-courts. " Monthly " cases are these : refusal to pay up a dowry where a party is bound to do so, refusal to pay interest on money borrowed at 12 per cent., or where a man desirous of setting up business in the market has borrowed from another man capital to start with ; also cases of slander, cases arising out of clubs or partnerships, and cases concerned with slaves, cattle, the office of trierarch, or with banks. These are brought up as "monthly" cases and are heard by these officers; but the Receivers-General perform the same function in cases for or against the farmers of taxes. Those in which the sum concerned is not more than ten drachmas they can decide summarily, but all above that amount they report to the law-courts as " monthly " cases.

[ch53.1] Forty persons ^ are also elected by lot, four from each tribe, before whom suitors bring 1 i.e.y cases which have to be decided within a month, as being considered to be of a pressing nature. 2 These are the officials elsewhere described as the local justices, who were instituted by Pisistratus (oh. 16) and revived in 453 B.C. (ch. 26}. 96 ARISTOTLE ON THE [ch. 53. all other cases.^ Formerly they were thirty in number, and they went on circuit through the demes to hear causes ; but after the oligarchy of the Thirty they were increased to forty;. They have full powers to deal with cases in which the damages claimed do not exceed ten drachmas, but anything beyond that amount they hand over to the Arbitrators. The Arbi- trators take up the case, and, if they cannot bring the parties to an agreement, they give a decision. If their decision satisfies both parties, and they abide by it, the case is at an end ; but if either of the parties appeals to the law- courts, the Arbitrators enclose the evidence, the pleadings, and the laws quoted in the case in two urns, those of the plaintiff in the one, and those of the defendant in the other. These they seal up and, having attached to them the decision of the arbitrator, written out on a tablet, hand them over to the justices whose function it is to introduce cases on behalf of the tribe of the defendant. These officers take them and bring up the case before the law-court, to a jury of Jwojvundred and one members in cases up to the value oT a thousand drachmas, or to one of four hundred and one in cases above that value. No laws or pleadings or evidence may beu^ed except those which were adduced before 1 That is (supposing the MS. to be correct here, which may te questioned), leave to bring a suit has in the first instance to be obtained from these magistrates. It does not mean that they actually tried the cases. CH. 53-] ATHENIAN CONSTITUTION. 97 the Arbitrator, and which have been enclosed in the urns. The^ Arbitrators are persons ofjsixty_years of^age, as is clear^rom~the Archons and the Eponymi. There are two classes of Eponymi, the ten who give their names to the tribes, and the forty-two of the years of service.^ The names of the youths, on being enrolled among the citizens, were formerly inscribed upon whitened tablets, and the names were appended of the Archon in whose year they were enrolled, and of the Eponymus who had been in course in the preceding year ; at the present day they are written on a bronze pillar, which stands in front of the Council-chamber, near the Eponymi of the tribes. Then the Forty take the last of the Eponymi of the years of service, and assign the arbitrations to the persons belonging to that year, casting lots to determine which arbitrations each shall undertake ; and everyone is compelled to carry through the arbitrations 1 The nature of these Eponymi is extremely doubtful, and they are unknown except from this passage and quotations from it in the grammarians. It would appear that, just as the Eponymi of the tribes were the ten heroes who gave their names to the ten tribes, so a cycle of forty-two years was arranged, to each of which the name of a hero was assigned as its Eponymus. Then, as every Athenian was liable to military service for forty-two years (from 18 to 59 inclusive), each man had to go through the complete cycle before he was free from liability to serve. When he had completed the cycle he was required to serve for one year as an arbitrator ; and accordingly each year the Forty took the list of those who were completing their last year of military service, and assigned to them the duties which they were to undertake as arbitrators during the following year. H 98 ARISTOTLE ON THE [ch. 53. which the lot assigns to him. The law enacts that anyone who does not serve as Arbitrator when he has arrived at the necessary age shall lose his civil rights, unless he happens to be holding some other office during that year, or t5~^e out of the country. These are the only persons who escape the duty. Anyone who suffers injustice at the hands of the Arbitrator may appeal to the whole board of Arbitrators,^ and if they find the magistrate guilty, the law enacts that he shall lose his civil rights. The persons thus condemned have, however, in their turn an appeal. The Eponymi are also used in reference to militaiy expeditions ; when the men of military age are despatched on service, a notice is put up stating that the men from such- and-such an Archon and Eponymus to such- and-such another Archon and Eponymus are to go on the expedition.

[ch54.1] The following magistrates also are elected by lot : Ten Commissioners of Roads [Hodo- poei], who, with an assigned body of public slaves, are required to keep the roads in order : and ten Auditors, with ten assistants, to whom all persons who have held any office must give in their accounts. These are the only officers who audit the accounts of those who are subject to examination,^ and who bring them up for exami- 1 Restoring the MS. reading SjoM-mra?, which Mr. W. R. Hardie justifies from Demosthenes. 2 Every person who had held any public office had to submit himself and his accounts to examination before a jury at the end CH. 54.3 ATHENIAN CONSTITUTIO^\ 99 nation before the law-courts. If they detect any magistrate in embezzlement, the jury condemn him on a charge of embezzlement, and he is obliged to repay tenfold the sum he is declared to have misappropriated. If they charge a magistrate with accepting bribes and the jury convict him, they fine him for corruption, and this sum too is repaid tenfold. Or if they convict him of unfair dealing, he is fined on that charge, and the sum assessed is paid with- out increase, if payment is made before the ninth prytany, but otherwise it is doubled. A ten-fold fine is not doubled, however. The Clerk of the Prytany, as he is called, is also elected by lot. He is the chief of all the clerks, and keeps the resolutions which are passed by the Assembly, and records all other business and attends at the sessions of the Council. Formerly ^f ; ' he was elected by open vote, and the most dis- %ft^ '"' tinguished and trustworthy persons were elected to the post, as is known from the fact that the name of this officer is appended on the pill?irs ffer cording treaties of alliance and grants of consul- ship ' and citizenship. Now, however, he is elected by lot. There is, in addition, a Clerk of the Laws, elected by lot, who attends at the sessions of the Council ; and he too records all the laws. The Assembly also elects by open vote a clerk to read documents to it and to the Council ; but of his term of office ; on which occasion any citizen might im- peach his conduct during his office. 1 i.e., of representation of a foreign state. too ARISTOTLE ON THE [ch. 54. he has no other duty except that of reading aloud. The Assembly also elects by lot ten Commis- sioners of Reli£ion [Hieropoei], known as the Conirnis^ioners_jfor_^a£rifi^ who offer the sacrifices appointed by oracle, and, m_conj unc- tionj^Tth the seers, take the auspices whenever thereTs occasion. It also elects by lot ten others, known as Annual Commissioners,, who offer certain sacrifices and administer all the quadriennial festivals except the Panathenaea. There are the following quadriennial festivals, first that of Delos (where there is also a septennial festival), secondly the Brauronia, thirdly the Heracleia, fourthly that at Eleusis, and fifthly the Panathenaea/ No two of these are celebrated in the same place ; ^ [and the regulations for them] are set forth [in the decrees passed] in the archonship of Cephisophon.^ An Archon is also elected by lot for SalamJs, and a Demarch for Piraeus. These officers celebrate the Dionysia in these two places, and appoint Choregi. In Salamis, moreover, the name of the Archon is publicly recorded. 1 As regards the two last festivals this translation depends on a doubtful conjectural restoration of the passage. 2 The reading is rather doubtful, and the meaning may be ^' no two of them take place in the same year " ; but in the fifth century, at any rate, the Delian and Panathenaic festivals seem both to have fallen in the third year of the Olympiad ; and this was apparently also the year of the Heracleia in the fourth century. 3 The restoration of this passage is purely conjectural ; but the date (329 b.c.) is certain, and we thus get a limit of time after which this work must have been written, or at least revised. See note 2, p. 86, on ch. 46. CH. 55-] ATHENIAN CONSTITUTION. loi

[ch55.1] All the foregoing magistrates are elected by lot, and their duties are those which have been stated. To pass on to the nine Archons, as they are called, the manner of their appoint- ment from the earliest times has been described already. At the present day_sixjrh.esmothetae are elected by lot, together with their clerk, and in addition to these an Archon, a King, and a Polemarch. One is elected from each tribe. THey are examined first ofair^Tthe Council of Five Hundred, with the exception of the clerk. The latter is examined only in the law-court, like other magistrates ^or all magistrates, whether elecfed byTot or by open vote, are ex- amined before entering on their offices) ; but the hln^ Archons are examined both in the Council and again in the laj^-court. Formerly no one could hold the office if the Council re- jected him, but now there is an appeal to the law-court, which is the final authority in th& matter of the examination. When they are ex- amined, they are asked, first, "Who is your fatherland of what deme ? who is your father's^ father } who is your mother ? who is your mother's father, and of what deme ? " Then the candidate is asked" whether he possesses an ancestral Apollo and a household Zeus, and where their sanctuaries are ; next if he possesses a family tomb, and where ; then if he treats his parents well, and pays his taxes, and has served on the required military expeditions. When" the examiner has put these questions, he \ 102 ARISTOTLE ON THE [ch. 55. proceeds, " Call the witnesses to these facts " ; and when the candidate has produced his wit- nesses, he next asks, " Does anyone wish to make any accusation against this man?" If an accuser appears, he gives the parties an opportunity of making their accusation and defence, and then puts it to the Council to pass the candidate or not, and to the law-court to give the final vote. If no one wishes to make an accusation, he proceeds at once to the vote. Formerly a single individual gave the vote, but now all the members are obliged to vote on the candidates,^ so that if any un- principled candidate has managed to get rid of his accusers,^ it may still be possible for him to be disqualified before the law-court. When the examination has been thus completed, they proceed to the stone on which are the pieces of the victims,^ and on which the Arbitrators take oath before declaring their decisions, and witnesses swear to their testimony. On this stone the Archons stand, and swear to execute their office uprightly and according to the laws. 1 Reading vuv V uvcc/kv^ iroivrag Jot 5ta-4/>)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<p' ^' t« to/xjcx Jo-tjv. CH. 56.3 A THEN I A N CONSTITU TION. 103 and not to receive presents m Respect of the performance of tEeir (Hities^jor^ if^ they__do, to dedicate a golden statue. When they have taken this oath they proceed to the Acropolis, and there they repeat it ; after this they enter upon their office.

[ch56.1] The Archon, the King, and the Polemarch have each two assessors; they appoint whomso- ever they please to the post, but the nominees are examined in the law-court before they begin to act, and give in accounts on each occasion of their acting. As soon as the Archon enters office, he begins by issuing a proclamation that whatever anyone possessed before he entered into office, that he shall possess and hold until the end of his term. Next he assigns Choregi to the tragic^pgeis, choosing three ^ of the richest persons out of the whole body of Athenians. Formerly he used also to assign five Choregi to the comic poets, but now the tribes provide the Choregi for this purpose. Then he receives the Choregi who have been appointed by the tribes for the men's and boys' choruses ^ and the comic poets 1 Only three tragic poets might contend at the festivals, and it was the duty of the Archon to decide what poets should be ad- mitted to the honour. In Comedy, as stated below, five compe- titors were allowed, but this number applies only to the fourth century, before which time the number was limited to three. The duty of the Choregus was_to defray the expense of training, maintaining, and equipping the chorus^ required for a play or a dithyrambrc contest. 2 These are dithyrambic choruses, which were quite uncon- 104 ARISTOTLE ON THE [ch. 56. at the Dionysia, and for the men's and boys' choruses at the Thargelia (at the Dionysia there is a chorus for each tribe, but at the ThargeHa one between two tribes, each tribe bearing its share in providing it), and transacts the ex- changes of properties,^ and reports any excuses that are tendered, if anyone ^ says that he has already borne this burden, or that he is exempt because he has borne a similar burden and the period of his exemption has not yet expired, or that he is not forty years of age ; since the Choregus of a boys' chorus must be over fbrty^years of age. He also appoints Choregi for the Testival at Delos, and chiefs of the mission ^ for the thirty-oar boat which conveys the youths thither. He also superintends sacred processions, both that in honour of Asclepius, when the initiated keep house, and that of the great Dionysia, — the latter in conjunction with the Superintendents of that festival. These officers, ten in number, were formerly elected nected with the dramatic representations, and in which the several tribes competed against one another. 1 If any person considered that he had been unduly saddled with one of the burdens which rich men were called upon to bear for the state (such as the equipment of a chorus or a trireme), he might require anyone on whom he thought the burden should rather have been laid either to undertake it, or else to submit to an exchange of properties. 2 The following passage is mutilated in the MS., but the restoration here given is believed to be in accordance with the remains in the MS. 3 i.e., chiefs of the sacred deputation sent from Athens to the Delian festival. The reading suggested by Mr. Torr, apx«^^'*'F°^f> 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.

[ch57.1] The King 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.

[ch59.1] The ThesmothetaeJn 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 introduce impeachments before the Assembly, and bring up all votes for removal from office, challenges of a magistrate's conduct before the Assembly, indictments for illegal proposals, or for proposing a law which is contrary to the interests of the state, 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.

[ch60.1] 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 service aredected by 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.

[ch62.1] 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 others moreJhan_once, except the memb^r- shipof the Council, which may be held twice^-^

[ch63.1] 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 persons 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. / /

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