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A 860,549

PRISTOTTE

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1837 .

SCIENTIA
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ARISTOTLE
ON THE

CONSTITUTION OF ATHENS
ARISTOTLES
ON THE 3-40

CONSTITUTION OF ATHENS

TRANSLATED BY

E. POSTE, M.A.
FELLOW OF ORIEL COLLEGE , OXFORD ; EDITOR OF ELEMENTS OF ROMAN LAW BY GAIUS
AND OTHER WORKS

London
MACMILLAN AND CO.
AND NEW YORK

1891

All Rights Reserved

RICHARD CLAY AND SONS, LIMITED,
LONDON AND BUNGAY .
PREFACE

How soon conjectural emendation will have said

its last word on the CONSTITUTION OF ATHENS it is
difficult to predict. Until that moment arrives is
translation premature ? If a remnant of ancient
architecture, half buried in the sand, were dis
covered in the Sahara, the public would probably be
glad to have a photograph of its actual appearance
before the work of excavation was completed, and
perhaps English readers would rather that the
power of forming an opinion for themselves on the
substantive character and interest of the partly
recovered work of Aristotle should not be postponed
to the date when textual criticism shall have com
pleted its labours. To meet this assumed demand
the following translation is offered.
The translator has noted with interest the various
suggestions for completing or correcting the text
that have appeared in the public press, and
vi PREFACE

particularly in the Classical Rericu , from the pens

of various scholars. He has not attempted to give
the names of the authors of those which he has
thought convincing, and which he has followed in
his version, assuming that every critic will have his
contributions recognized in any future edition of
the text. Nor has he attempted any appreciation
of the question, to what extent our Greek history
must be rewritten in consequence of the new lights
furnished by the newly-discovered document. This
he has left to more competent hands. The question
has already been examined by the learned editor
of the papyrus, and will doubtless be handled by
others. The few and slender notes that are

appended to the translation are solely for the

assistance of the unlearned, and mainly derived
from sources familiar to the student .
TABLE OF CONTENTS

EPOCHS OF EVOLUTION

I
PAGE
Ch. 1-3. -LIMITED MONARCHY or OLIGARCHY
from Theseus to Drakon-B.C. 752, Decennial
Archons-B.C. 682, Annual Archons-B.C. 632,
Kulon seizes the Acropolis, his followers surrender,
and are massacred by Megakles the Alkmaionid . : 1-5

II

Ch. 4. - TIMOCRACY - B.C. 621 , Drakonian Constitution 546

III

Ch. 5–12 . - TIMOCRACY - B.C. 594, Solonian Constitu

tion - Cancellation of Debts -- Abolition of slavery
for insolvency - Appeal from sentence of Magis
trates --Classification of citizens by amount of
property - Supremacy of Areopagus — Election
followed by sortition, the mode of appointing
Magistrates - Senate of 400—System of weights,
measures, and values 6-17
viii TABLE OF CONTENTS

IV
PAGE
Ch. 13-19 . -AUTOCRACY 17--29
Ch. 13. -Three factions, the Plain, the Shore, the
Mountain 17

Ch. 14–16. —B.C. 565, Usurpation of Peisistratos . 19-24

Ch. 17.-B.C. 527, Death of Peisistratos 24

Ch. 18. -Harmodios and Aristogeiton . 25

Ch. 19.-B.C. 510, Expulsion of Hippias . . 27

Ch 20–22 . - DEMOCRACY - B.C. 508, Kleisthenic Con

stitution—Ten Tribes, each composed of three
Trittues -Ten Demes in each Tribe-Two, three,
or four Demes in each Trittus-Senate of 500
B.C. 490, Marathon . . 29–35
Ch. 22. -Ostracism-B.C. 484, Discovery of silver
mines at Laurium - Construction of a fleet 32

VI

Ch . 23–24. -ARISTOCRACY-B.C. 480, Salamis 35-38

Ch . 23. -Areopagus recovers supremacy . 35
Ch. 24. -Aristeides persuades the commons to depend
for subsistence on the public revenues and to
reduce their independent allies to the position of
tributaries 36

VII

Ch. 25-28 .-- DEMOCRACY 38-45

Ch. 25-26 . -B.C. 462, Ephialtes and Themistokles

overthrow the Areopagus 38-41
TABLE OF CONTENTS ix

PAGE

Ch . 27. - Perikles completes the extinction of the

Areopagus — B.C. 432, Peloponnesian War- Pay
ment of 6,000 jurors . 41

Ch . 28. -Succession of demagogues-Apology for

Theramenes 43

VIII

Ch. 29-33. -OLIGARCHY-B.C. 411 , Sicilian disaster . 45-52

Ch . 29–32. – Council of 400 . 45-51
Ch . 33. -Ruling body of 5,000 51

IX

Ch. 34. -DEMOCRACY - B.C. 410, Victory at Kuzikos–

Return of fleet to Athens - B.C. 406, Sea - fight at
Arginoussai - Condemnation of victorious com
manders 52

Ch . 35-37 . -OLIGARCHY-B.C. 405 , Defeat at Aigos

potamoi-- Athens taken by Lusandros—Thirty
tyrants . 54-57

XI

Ch . 38—41,-DEMOCRACY 57—65
Ch . 38–40. -B.C. 403, Thrasuboulos seizes Phule
Pausanias, the Spartan King, restores democracy
Assassination of oligarchs 57-62
' Ch. 41. - Recapitulation 62
Х TABLE OF CONTENTS

FINAL CONSTITUTION
PAGE

Ch . 42. - Enrolment on civic list and military training of

youth 65

LEGISLATURE

Ch. 43–45. -Legislative functions of Senate -- Sessions of

Ecclesia 67-72

ADMINISTRATION

Ch . 46-49 . - Administrative functions of Senate - Finan

cial, Naral, Military, Architectural, Eleemosy
nary 72-78
Ch . 50—54 . Minor Magistrates Arbitrators 78-86

Ch . 55–59 . — Nine Archons, their functions, spectacular

and judicial . 86-96

Ch . 60. -Sacred olives 96

Ch. 61. -Military officers 97

Ch . 62. -Salaries 99

JUDICATURE

Ch . 63. - Heliaia . 100

ARISTOTLE
ON THE

CONSTITUTION OF ATHENS
ARISTOTLE'S
CONSTITUTION OF ATHENS

1. The impeachment of the Alkmaionidai by

Muron for the treacherous massacre of Kulon's ac
complices at the altars where they sought protection,
was heard by a tribunal of three hundred judges?
who took an oath over victims to deliver righteous
judgment, and were selected in accordance with the
qualifications characteristic of an aristocratic con
stitution. The charge of sacrilege was found true ;
the bones of the guilty dead were disentombed and
cast beyond the borders of Attica ; the living clan
were condemned to perpetual exile , and the city
was subsequently purified from the pollution by
Epimenides the Cretan.
2. After this there were feuds between the nobles
and the commons for many years. The constitution
was thoroughly oligarchical, the poor with their
wives and children were in servitude to the rich
1 A bad system of judicature seems to have been an original
vice of the Athenian constitution .
B
2 ARISTOTLE'S CONSTITUTION OF ATHENS

under the title of clients and hectemoroi, or payers

of a sixth , for such was the portion of the produce
of the land belonging to the rich, which was paid
as rent by the cultivators. A few proprietors owned
all the soil, and the cultivators with their wives and
children were liable to be sold as slaves on failure to
pay their rent. Debtors , too, as a guaranty of their
obligations, were liable, as late as the times of Solon , to
forfeit their freedom on failure to satisfy the usurers.
Solon was the first champion and protector of the com
monalty. The chief grievance and source of their bit
terness against the constitution was their exclusion
from ownership of the soil, but this was not their only
motive of discontent, for they enjoyed scarcely any
political rights.
3. Before Drakon, the constitution of the state
was as follows : There were archons or supreme
magistrates, elected in accordance partly with aristo
cratic, partly with plutocratic qualifications, originally
for life, afterwards for ten years. The most exalted
and ancient of these were the king , the polemarch ,
and the archon, specifically so named .? Of highest
antiquity was the king, and the next in date was the

1 Such is the explanation of Plutarch . Boeckl thinks that

five-sixths of the procluce was paid as rent.
2 The archou eponumos, or archon who gave his name to
the year .
ARISTOTLE'S CONSTITUTION OF ATHENS 3

polemarch , created to supply the generalship in

which some of the kings were wanting, which caused
Ion to be invited from abroad in some epoch of
danger. The date of the first archon is placed by
most authors in the reign of Medon, by others in
that of Akastos ; and by way of proof, the latter
quote the oath which the archons take to govern as
was done in the days of Akastos, words which show
that he was king when certain political functions
passed from the royal house of the Kodridai to the
hands of the archon . Either hypothesis assigns the
origin of the archonship to nearly the same epoch.
Evidence that the archon was of later origin than
the two other offices may be seen in the fact
that the archon , unlike the king and polemarch,
takes no part in the oldest religious ceremonies ,
which also shows that the higher rank of the archon
belongs to a recent era and is due to a modern en
largement of his attributions.
The institution of the Thesmothetai belongs to a
much later time, when archon, king, and polemarch
only held office for a year. Their function was to
commit the ordinances to writing ,and keep records

1 See chapters 56, 57, 58.

2 As there were no written laws before Drakon, the written
Thesmia of the text must have been decisions ofjudges or magis
trates .

B )
4 ARISTOTLE'S CONSTITUTION OF ATHENS

of them to ensure their enforcement against trans

gressors. The office of the Thesmothetai, accordingly,
was never more than annual. So much for the
comparative antiquity of these magistracies.
The nine archons were not all originally as
sembled in a single residence. The king occupied
what is now called the Boukolion, near the Pruta
neion, and a surviving trace of his habitation may
be noticed in the fact that at the present day in the
Dionusian festival of the Anthesteria , in February,
this is the spot where the king -archon's wife meets
and weds Dionusos. The archon occupied the
Prutaneion, the polemarch the Epilukeion which was
formerly called the Polemarcheion, but when rebuilt
and decorated by the Polemarch Epilukos changed
its name to Epilukeion. The Thesmothetai occupied
the Thesmotheteion, and this edifice in Solon's time
was made the joint residence of all the archons.
The archons were final judges in the causes that
came before them , not, as now , merely superin
tendents of the preliminary instruction.
So much for the magistracies.
The Council of the Areopagites had the duty of
watching over the observance of the laws ; they
administered all the most important political busi
ness, punishing and fining without appeal all who
violated the law. The qualifications for the archon
ARISTOTLE'S CONSTITUTION OF ATHENS 5

ship were partly aristocratic, partly plutocratic ; and

the Areopagus ? consisted of those who had held
the office of archon. Accordingly the Areopagites
are the only officials in the present day that hold
office for life.
4. Such in outline was the first constitution after
the monarchy. Not long after Kulon's attempt to
make himself tyrant, when Aristaichmos was the
archon who gave his name to the year, Drakon
came on the scene as legislator, and gave the follow
ing form to the political constitution. Sovereign
power was already ? wielded by the class of persons
capable of providing its own equipment for war.
The nine archons and the treasurers were elected
by their suffrage from those who possessed a pro
perty qualification of not less than ten minas, free
from all encumbrances : the minor magistracies were
elected from the class who furnished their own
arms : the generals and hipparchs or commanders of
cavalry from those of the class registered as owning
not less than one hundred minas free of encum
brances, who were parents of legitimate children
1 Supposed to have been about ninety in number, i.e., ten
years of ex -archons.
2 This agrees with the statement of Aristotle, Pol. ii., 12,
that Drakon made no change in the constitution. The revo
lution had already taken place. Drakon's task was to adjust
the laws to the changed centre of political power.
6 ARISTOTLE'S CONSTITUTION OF ATHENS

above the age of ten.1 A senate of 401 was

appointed by casting of lots out of the whole body
of citizens. To be admitted to take a part in the
casting of lots for this and other offices appointed
by lot a citizen had to be over thirty years of age,
and was not capable of a second tenure of office
before it had passed by rotation through all the
citizens, after which he again took his share in the
chances of the lot. A member of the 401 who
failed to attend in his turn at a session of the
senate or commons, had to pay a fine of three
drachmas if he belonged to the class of Penta
cosiomedimnoi, of two drachmas if he was а .
Hippeus, of one drachma if a Zeugites.
The Council of the Areopagus was guardian of
the law , and watched to see that it was obeyed
by the magistrates. Any one who thought himself
wronged could impeach a magistrate before the
Areopagus, appealing to the law that he contended
was violated. The personal freedom of a debtor, as
already mentioned, was pledged as a security of his
debt, and possession of the soil was monopolized by
a few .
5. The narrowness of the constitution and the
oppression of the many by the few ended in an
1 Here follow four lines which require emendation to make
them intelligble.
ARISTOTLE'S CONSTITUTION OF ATHENS 7

outbreak of war between the nobles and commons.

As the disruption proved persistent,after they had
been long divided into hostile camps, they concurred
in a joint election of Solon to act as mediator and
dictator and reconstructor plenipotentiary of the
state, a work for which he had shown some fitness
in the elegiac poem which begins :
My eyes are opened, and I see with anguish the
plight of this old Ionian land,” in which poem he en
deavours to calm their resentments, champions each
party in turn against the other, appeals to the
reason of both, and finally urges them to join in
uprooting the causes of dissension.
Though illustrious by birth and ancestry, in
fortune and occupation Solon belonged to the
middle class according to all authorities and his
own testimony in the verses where he tells the
wealthy not to be over - grasping :
Still, ye great, the mighty pantings within your
bosom. Feed not so high the over-dieted and
riotous steed, your over-weening spirit ; for neither
my compeers nor the humblest ranks will tolerate
the present yoke.”
He continually throws the blame of the schism
on the rich, fearing, as he says in the beginning of
the poem, their greed and pride as the sources of
the hatred that ranged class against class.
8 ARISTOTLE'S CONSTITUTION OF ATHENS

6. Armed with absolute power, Solon emanci

pated the commons for the present and for the
future by forbidding usurers to take the body of a
borrower as a guaranty of a loan : he enacted
various new laws, and cancelled all existing debts,
whether owed to private persons or to the state, by
what is called his disburdening ordinance, because
it relieved the commons of their burdens. This has
been made by some the occasion of a serious impu
tation on his honour. After resolving to publish
the ordinance Solon divulged his plan to some of his
friends, and, as his democratic admirers assert, was by
them made the unwitting accomplice of a fraudulent
scheme ; as his detractors allege, became a party to
à fraud . They borrowed money with which they
bought up vast tracts of land, and shortly after
wards, on the abolition of all existi. » debts, became
millionaires, and this, according to the story, was the
origin of some of the territorial magnates, supposed
to be of immemorial antiquity . However, it is easier
to believe the story of his panegyrists : for what is
the likelihood that a man, so just and so superior
to personal interests that, when he might by bribing
the support of either faction have continued tyrant,
he dared to offend them both , preferring to per
1 Plutarch calls it a very painful incident, and mentions the
names of Konon, Kleinias, and Hipponikos.
ARISTOTLE'S CONSTITUTION OF ATHENS 9

sonal aggrandisement the glory of saving the state ,

it is credible that such a man should be tempted to
cover himself with dishonour for a paltry pecuniary
gain ? That despotism was placed within his reach
by the troubles which afflicted his country and was
deliberately declined, his poems in many places
declare and is admitted by all historians. The

imputation , then, may be regarded as calumnious.

7. He determined a form of constitution and
enacted various particular laws, which superseded
all the ordinances of Drakon, except such as related
to murder. They were inscribed on three- faced
pyramids revolving on pivots and placed in the
colonnade of the court of the king -archon . All the
citizens swore to obey them, and when the archons
took their oath on the stone altar in the market they
used to vow to dedicate a golden statue of their own
size if they ever infringed them, an oath which
survives to the present day. Solon obtained an
enactment that his laws should continue in force for
a century, and this was the form of the constitution
which they established . According to their posses
sions the citizens were divided, as formerly, into four
classes, denominated Pentacosiomedimnoi, Hippeis,
Zeugitai, and labourers. Pentacosiomedimnoi, Hep
peis, and Zeugitai were eligible to magistracies . They
alone could discharge the functions of archons,
10 ARISTOTLE'S CONSTITUTION OF ATHENS

treasurers, tax -auctioneers, prison commissioners, or

financial board ; and the magistracies allotted to each
of these classes were proportionate in importance to
the amount of their census. Those who constituted
the labourer class were only admitted to perform the
duties of the ecclesia or assembly of the commons
and the law courts or Heliaia. The class of Penta
cosiomedimnoi was formed of those whose land
produced annually in solids and liquids combined,
1.c. in corn, wine, or oil, 500 medimni (600 gallons ).
The equestrian class was formed of those who pro
duced 300 medimni ; or, as some say, of those whose
revenues enabled them to maintain a mounted
soldier. For proof they point to the name as indi
cating the function of the class, and to the votive
offerings of olden times. For there is a statue of
Anthemion in the Acropolis bearing this inscription :
“ This statue was offered to the gods by Anthemion ,
son of Diphilos, when he left the labouring class and
joined the knights” ; and by him stands a horse
symbolizing the equestrian class. It is more likely,
1
This name by some accident does not occur in the original
text, but owing to the confusion at Athens of executive and
judicial functions it is too convenient a term, as expressing
judicature pure and simple in contrast with the judicial func
tions of magistrates, to be neglected by a translator.
2 The medimnus was regarded as equivalent to a drachma
(98d .) in average value.
ARISTOTLE'S CONSTITUTION OF ATHENS 11

however, that this class, like the Pentacosiomedimnoi,

was defined by the amount of their annual produce.
The Zeugitai were composed of those whose total
produce in liquids and solids amounted to 200
medimni. Those whose income was less than this
formed the labouring class, and were ineligible to
any magistracy. Whence at the present day, when
a person wants to draw lots for any public office and
is asked to what class he belongs, he never names
the labourers.
8. Magistrates were to be appointed by lot from
a number of groups elected by vote, each tribe
electing a group . The nine archons were thus
appointed : each tribe elected ten by vote, and from
the forty thus selected nine were taken by lot. So
at the present day, from each of the ten tribes ten
are selected by lot, and from the hundred thus
obtained nine are selected by a second casting of
lots. Evidence that sortition from groups possessing
the property qualification was the mode of selection
may be found in the law still in force ordaining that
treasurers shall be selected by lot from a group taken
out of the Pentacosiomedimnoi. Such, then, was
Solon's mode of selecting the archons. In earlier
times the Areopagus summoned the candidates before
it and decided of itself with full authority who was
fittest for any office, and appointed him for a year.
12 ARISTOTLE'S CONSTITUTION OF ATHENS

The citizens were divided into four tribes, as of

old , and there were four tribal kings. Each tribe
was divided into three Trittues, or ridings, and
twelve Naucraries. The Naucraries were presided
over by Naukraroi, whose functions were the col
lection and expenditure of the public revenue ; and
there are extant but abrogated laws of Solon which
direct them to levy and spend the local funds.
The senate consisted of 400, each tribe contributing
100 .

The duty of guarding the laws was still entrusted

to the Areopagus, which already possessed the
function of protector of the constitution, and con
trolled almost every department, certainly the most
important branches of the public administration.
It called lawbreakers to account,punished and fined
without appeal, paid the fines into the treasury with
out naming the offence for which they were imposed,
and tried conspirators against the government,
functions confirmed by Solon. These were his
principal enactments ; and as he observed that in
the factions that frequently troubled the country
some of the citizens, if left to themselves, loved their
1 The names of the tribes : Geleontes or Teleontes, Hopletes,
Aigikoreis, Argadeis, which seem to signify priests, warriors,
goatherds, artisans, suggest that originally the four tribes may
have been four castes ; but if so, they must have changed
their nature in prehistoric times.
ARISTOTLE'S CONSTITUTION OF ATHENS 13

ease too much to fulfil their public duties, by way of

a spur to these people be enacted a curious law,

that failure to take up arms with one side or other
in civil broils should be punished by infamy and
forfeiture of political rights.
9. Such was his mode of appointing to the
highest offices of state. Most people agree in
thinking the three following the most democratic
features of his legislation : first and most effective
the abolition of the power of lenders to require
the borrower to pledge his personal freedom as a
guaranty of any loan ; second, the power of any
citizen to advocate the cause of any one who was
wronged ; 1 third, what is said to be the main founda
tion of the present strength of the commons, the
appeal from the decision of any magistrate to the
!
judgment of the people in the law courts or Heliaia.
For the absolute freedom with which the people
vote as jurors makes them absolute masters of the
constitution ; besides which,the draughtsmanship of
the laws, far from simple or lucid — witness the laws
of inheritance and female successors — inevitably
gave birth to litigation, and made the jurors the
final arbitrators of all questions whether political or
civil. Some believe that Solon intentionally intro
1 The text seems to say this, but perhaps requires emenda
tion .
14 ARISTOTLE'S CONSTITUTION OF ATHENS

duced this obscurity into the law, to enable the

commons to use their judicial power for their own
political aggrandisement. It is more likely that the
obscurity was due to inability to frame rules direct
ing the most salutary course in general terms ; for
the corrupt practices of modern law courts are not
so safe an index of Solon's intentions as the general
character of his statesmanship .
10. So much for the popular aspect of his laws.
Before his legislation he ordained the abolition of
all debts, and subsequently enlarged the dimensions
of measures, weights, and coins. He superseded the
Pheidonian measures by the Euboic system on a
larger scale, and made the mina, which used to
contain seventy drachmas, contain 100. ...
11. After thus modelling the constitution, Solon
was interviewed by all the world about his laws, and
harassed with constant questions and criticisms; and
being unwilling either to recast his ordinances or to
face the angry looks of those whom he had offended,
he resolved to go abroad, partly with mercantile
designs, partly to gratify his desire to see foreign
lands; and planned a ten years' stay in Egypt
within reach of Canobos, saying he thought the
written laws required obedience from the people ,
1 Four lines here require emendation to make them intelli
gible.
ARISTOTLE'S CONSTITUTION OF ATHENS 15

not interpretation by their author. He found, too,

he had not only made enemies of many of his
friends by the abolition of debts, but had alienated
both political parties by disappointing their expecta
tions. The commons had expected that the land
would be equally divided, the nobles that the old
system was going to be restored. He took neither
course, but thwarted both their aims, and instead of
conspiring with either party and perpetuating his
dictatorship as he might have done, chose to brave
their common animosity and save his country by
salutary legislation .
12. These facts are attested by all historians and
mentioned by Solon in his poems : 1

" I made the commons strong enough to be safe

from oppression. Office I neither wrested from
them nor put into their hands. The powerful and
rich I also fenced against spoliation. Over both
orders I threw an ample shield, nor suffered either
to trample on the other's right.”
Elsewhere discussing the proper treatment of the
masses he says:
The commonalty will be readiest to obey its
rulers when neither over-loosely nor over-tightly
reined. High diet engenders pride when riches
fill the coffers of men whose souls want even
balance."
16 ARISTOTLE'S CONSTITUTION OF ATHENS

Other verses mention the party who wanted a

redistribution of the land :
“ Those who cherished visions of downright
plunder and hoped to win large booty, thinking
my smooth words the temporizing mask of rough
intentions, hoped idly then, and now with angry
eyes scowl askance upon me as deadly foes, but
all unjustly. My promises with heaven's help were
kept, else I had acted like a brigand, nor did I
long to play the tyrant's part, nor yearn to see the
fat fields of my fatherland parcelled equally between
the noble and the base."
Other verses describe the abject poverty of the
commons, and mention the slaves whom his dis
burdening ordinance emancipated :
... I call to bear her testimony to my plea the
mighty mother of Kronos and the Olympian deities,
a witness unimpeachable, dark -vestured earth , in
many of whose fields I overthrew the mortgage
pillars, a goddess then in bondage, now dis
enthralled. To Athens, their holy fatherland, I
gave back many citizens ; some sold into slavery
by just or unjust doom, some forced and poverty
1 This shows, in correction of chapter iv., that there were
plenty of small proprietors, though their lands were deeply
mortgaged. If it were not so, it would be strange that there
is no explanation how the evil, the monopoly of the soil, was
remedied, as it appears to have been.
ARISTOTLE'S CONSTITUTION OF ATHENS 17

stricken exiles, whose tongue had forgotten the trick

of forming Attic sounds through many wanderings,
others at home in shameful bondage trembling at
the humours of a lord before I gave them freedom .
These exploits in part by force, in part by per
suasion I accomplished, and kept my promise, and
wrote on tablets equal laws for high and low, and
formulas fit for every controversy. If the rod of
absolute power which I held had been wielded by
the unwise or ambitious, he would have dissolved
society. If I had willed what either of the antag
onists demanded ... this land had been widowed
of many habitants. But I confronted mischief from
every quarter, turning swiftly like a wolf assailed by
many hounds."
In other verses he rebukes both classes of com
plainants
The commons, if a true tale may be told, never in
their wildest dreams foresaw their present ease. If
I had left them as they were, the great and strong
would praise and make love to me."
“ Another man,” says he, “ placed in my position
would not have held the factions, nor reposed until
he had churned the butter from the milk ; but I
made myself a wall between two armed hosts .”
13. Such were the motives that induced him to
spend some years in foreign travel. After his
С
18 ARISTOTLE'S CONSTITUTION OF ATHENS

departure, though the agitation had not subsided ,

four years passed without disorder. The fifth year
after his legislation (590 B.C.) discord prevented the
appointment of an archon ; and the same thing
happened again five years after (586 B.C.). Sub
sequently, after a similar interval (582 B.C.), Damasias
being elected archon continued two years in office,
till he was deposed by violence ; after which, in
view of their dissensions, they resolved to elect ten
archons, five from the Eupatridai, three from the
Agroikoi or rustics, two from the Demiourgoi or
artisans , and they held office during the year
(580 B.C.) after the expulsion of Damasias. It is
clear that the archonship was at that time the
highest magistracy, for this was always the subject
of their quarrels. The state was still out of joint
in all its members : some were aggrieved at the
abolition of debts, which had reduced them to
poverty ; pthers were unreconciled to the constitu
tional changes which had diminished their power ;
others were inflamed by rival ambitions. They
formed three parties : the Shore, led by Megakles
the Alkmaionid , were considered to advocate a tem
pered constitution ; the Plain, led by Lukourgos,
were oligarchical; the Mountain were led by
Peisistratos , supposed to be a strong partisan of
democracy. The last party found allies in those
ARISTOTLE'S CONSTITUTION OF ATHENS 19

who were ruined by the abolition of debts and

joined them under the promptings of poverty ; and
all those whose citizenship was questionable and who
joined them from fear ; who indeed had good grounds
for their apprehension, for after the overthrow of
the tyranny the list of citizens was severely sifted,
because many persons were supposed to be enjoying
the rights of citizens without due qualification.
The names of these parties were derived from the
regions which they cultivat .
14. An ardent democrat by reputation, and covered
with distinction in the Megarian war (565 B.C.),
Peisistratos gave himself a wound, made the people
believe it was inflicted by the adverse faction , ob
tained the grant of a body- guard on the motion of
Aristion , and by the aid of these mace -bearers, as
they were called , overpowered the government and
seized the Acropolis in the thirty- second year from
Solon's legislation in the archonship of Komeas .
(560 B.C.). It is related that when Peisistratos
asked for a body-guard Solon, opposing the measure,
said he was wiser than some of his countrymen and

1 Apparently with less unpleasant consequences than were

apprehended, for Aristotle elsewhere relates that, after the
expulsion of the usurpers, Kleisthenes converted many
metoikoi, both of the foreigner and freedman class, into citizens..
Politics iii., 1 .
C 2
20 ARISTOTLE'S CONSTITUTION OF ATHENS

braver than others ; wiser than those who could not

see that Peisistratos meant to make himself tyrant,
braver than those who saw it, and held their tongues.
As he found his words fell on deaf ears, he piled his
arms before his door and said he had done all that
a weak old man could do to save his country, and
called upon others to do their duty likewise. His
exhortations were ineffectual, and Peisistratos once
master of the state behaved more like a statesman
than a tyrant. Before, however, he had established
his power on a secure basis, he was overthrown by a
combined effort of Megakles and Lukourgos in the
sixth year after he had seized the sceptre and
the archonship of Hegesias (555 B.C.) . Five years
after, on getting worsted by the antagonist faction ,
Megakles again opened negotiations, and having
made Peisistratos promise to marry his daughter,
restored him to the throne of Athens by a device
that shows the extreme credulity of primitive times.
After disseminating a rumour that the goddess
Athena herself was restoring Peisistratos, he found
a beautiful woman named Phue, an Athenian, accord
ing to Herodotos, of the Paianian deme, a Thracian,
according to others, by profession a florist, residing at
Coluttos ; dressed her in the habiliments of the
goddess, and conducted her with Peisistratos to
Athens. Peisistratos drove into the town in a
ARISTOTLE'S CONSTITUTION OF ATHENS 2L

chariot, the woman stood by his side as a warrior

beside a charioteer, and the people of the city
received them with adoration and stupefaction.
15. Such was the manner of the first restoration .
After a second expulsion, which took place seven
years after his return , his second domination being
shortened by his refusal to cohabit with the daughter
of Megakles, which exposed him to the hostility of
both factions, and ended in his flight from Athens,
he at first formed a settlement in the Thermaian bay
at Rhaikelos, but afterwards left it for the region of
Pangaios. Hence, having procured funds and hired
soldiers, he proceeded to Eretria, and, eleven years.
after his flight, began operating for the recovery of
his throne, in which he was assisted by many allies,
and in particular by Lugdamis of Naxos and the
knights that ruled Eretria. Victorious in the field
of Pallene, he re-entered Athens, disarmed the
citizens, and, having established his power on a
strong foundation, sailed to Naxos, where he made
Lugdamis ruler. His disarmament of the Athenians
was accomplished by a stratagem . Reviewing the
army in the Anakeion or grove of Kastor and
Pollux, he began to harangue the troops in a rather
feeble voice, and on their saying they could not hear
him, he asked them to move up the hill nearer the
porch of the Acropolis, where he could make them
22 ARISTOTLE'S CONSTITUTION OF ATHENS

hear better ; and while he proceeded with his oration

his satellites seized their arms and locked them in
the rooms near the Theseion. On receiving their
report that the work was done, he finished his
harangue before he told his audience what had
happened to their arms, and begged them not to be
astonished or frightened, but to go and mind their
private business,and leave him to superintend affairs
of state .
16. Such were the circumstances of the seizure of
absolute power by Peisistratos, and the revolutions
which his rule experienced. His administration, as
before mentioned, was temperate, and showed the
statesman rather than the tyrant. His criminal
laws were humane and mild, and recognized the
circumstances that extenuate crime. ( He advanced
capital to poor cultivators, enabling them to devote
themselves unintermittently to rural occupations.
Herein his motive was twofold : to disseminate the
population about the country away from the metro
polis ; and by moderate well-being and absorption in
agriculture to extinguish in them the wish and the
leisure to influence public affairs. - Moreover, his
revenue depended on the due cultivation of the
land, for he levied a tax of the tenth of the produce
( Accordingly he instituted local judges for the demes
and used to go in person on circuit through the land
ARISTOTLE'S CONSTITUTION OF ATHENS 23

to inspect its condition, and to judge in civil suits

in order to prevent the necessity of their flocking to
the metropolis and neglecting agriculture. It was
on one of these itinerant circuits that Peisistratos
is said to have had his adventure with the cultivator
of a farm on Humettos, called afterwards the un
taxed field . He saw a man working on the face of
a rock with a pickaxe, and wondering that it was
worth his while, sent his attendant to ask what crop
it was that the soil produced. Lots of toil and
trouble, was the answer, and of this toil and trouble
Peisistratos pockets a tenth. The peasant did
not know to whom he was speaking ; but Peisis
tratos, pleased with his industry and humour,
granted the land immunity from all taxation. The
commons had an easy time in all respects during
his reign , for he was pacific in policy, and avoided
quarrelling with his neighbours ; which caused the
saying that the tyranny of Peisistratos was a return
of the golden age and reign of Kronos. Afterwards
the insurrection against his sons produced a much
harsher despotism . The ascendency of Peisistratos
was chiefly due to his democratic and philanthropic
spirit. In all his acts he respected the law and
assumed no privilege as ruler. On one occasion he
was summoned before the Areopagus on a charge
of murder, and made appearance to stand his trial,
24 ARISTOTLE'S CONSTITUTION OF ATHENS

but the prosecutor was frightened and made default.

This was the cause that prolonged his reign and the
reason why, when expelled, he had not much diffi
culty in recovering his throne. His usurpation had
the assent of the majority both of the nobles and
the commons. The former he conciliated by social
intercourse, the latter by pecuniary aid ; and nature
had endowed him with the arts of charming all
ranks of society. Even in Athens at that epoch
the laws against attempts at tyranny were far from
truculent ; and the one that most directly applies
was in these terms : This is ancient Athenian
law : If any one attempt to overthrow the govern
ment and make himself tyrant, or help another to
make himself tyrant, he and his house shall be
deprived of the franchise.
17. Peisistratos retained his power to an advanced
age, and died a natural death of some infirmity in
the archonship of Philoneos (527 B.C. ), thirty -three
years after he first became ruler, of which he spent
nineteen at the helm of state and fourteen in exile.
It is an absurd fable that in his youth he was beloved
by Solon and commanded in the war with Megara
for the possession of Salamis (about 600 B.C.). Their
age at those periods refutes this, if from the length of
their lives and the date of their death we calculate
the date of their birth . After the death of Peisis
ARISTOTLE'S CONSTITUTION OF ATHENS 25

tratos his sons kept possession of supreme power, and

pursued their father's policy. He had two by his
first wife, Hippias and Hipparchos, and two by his
Argive wife, Iophon and Hegesistratos, surnamed
Thessalos. For Peisistratos married Timonassa,
daughter of Gorgilos, a noble Argive, and widow of
the Ambraciot Archinos, one of the Kupselid clan .
This alliance was the origin of his friendly relations
with Argos, and procured him the assistance of 1000
Argives, brought to his aid at the battle of Pallene
by his son Hegesistratos. Some say he married
Timonassa during his first exile, others during his
first tenure of power .
18. The age which they had attained and the
positions which they held enabled Hippias and
Hipparchos to secure the succession to the sover
eignty ; but Hippias being the elder, and by natural
character a statesman, always occupied with high
and serious interests, exercised the functions of !

government. Hipparchos was youthful in spirit

and devoted to the god of love and the muses, and it
was at his invitation that Anakreon and Simonides
and other poets visited the Attic court. Thessalos,
much their junior, was overbearing and profligate,
and this was the origin of all the catastrophes that
ensued. He conceived a passion for Harmodios, and
because his intimacy was repudiated was filled with

1
26 ARISTOTLE'S CONSTITUTION OF ATHENS

resentment, which he manifested on several occasions.

When the sister of Harmodios was chosen to carry
the sacred basket on her head at the Panathenaic
procession, Thessalos caused her to lose the office by
accusing her brother of effeminacy. This exasperated
Harmodios and Aristogeiton, and led them to conspire
with a small band of associates to assassinate the
usurpers. When the Panathenaic festival had begun,
as they were waylaying Hippias with hostile inten
tions on the Acropolis, where he was performing the
initiatory sacrifice while the procession was mar
shalled by Hipparchos, they saw one of the conspira
tors in close conversation with Hippias. Thinking
he was betraying the plot and resolving to attempt
something before they were arrested, they hurried
down from the citadel, began the attack before their
accomplices were ready, and slew Hipparchos, who
was directing the procession by the Leokoreion.
Thus they ruined their chances of success : Har
modios was slain on the spot by the body -guards, and
Aristogeiton was afterwards captured and subjected
to a long course of torture. Under torture he in
formed against many persons of illustrious birth who
were friends of the tyrants. For at first they could
get no clue to the conspirators, and the story that
Hippias marched the members of the procession to a
distance from their arms, and then detected the con
ARISTOTLE'S CONSTITUTION OF ATHENS 27

spirators by the daggers they carried, is a fiction ; for

marching under arms was not then the custom, but
was introduced afterwards in the times of the re
public. In accusing the despots' friends, as demo
cratic-minded writers say, Aristogeiton intended to
make the tyrants guilty of foul and unholy murder
by putting to death persons who were their own
friends and innocent of crime ; as others say, hemade
no false charges, but betrayed persons who were
really guilty. At last, finding himself unable, do
what he might, to goad them to put him out of his
-

torment, he promised to betray many others, and

made Hippias grasp his right hand by way of pledge,
and then poured all his scorn upon him for grasping
the hard of his brother's murderer, and so infuriated
Hippias that, losing all self-control, he drew his
sword and killed him .
19. These events exacerbated the despotism .
Desire to avenge his brother and memory of the
many whom he had put to death or driven into exile
infused into the mind of Hippias suspicion and bit
terness against all the world. About the fourth year
after the death of Hipparchos the dangers of the
metropolis induced him to fortify Mounuchia, in
tending to make it his residence. While engaged
on this work he was driven from his throne by
Kleomenes, the Lacedæmonian king, in obedience to
28 ARISTOTLE'S CONSTITUTION OF ATHENS

Delphic oracles, which persistently commanded the

Lakonians to aid in liberating Athens. Of this
pressure from Delphi the following is the explana
tion : The exiles under the leadership of the
Alkmaionids could not by their unaided efforts
recover their native land, but met with constant
disaster. Not to mention other misadventures,
Leipsudrion, on the flank of Mount Parnes, which
they fortified, and where their garrison was joined by
partisans from Athens, fell by storm into the hands
of the tyrants, a catastrophe commemorated in one
of their drinking songs : "Woe, woe is me, Leipsu
drion, betrayer of thy friends ! What gallants fell
beneath thy walls, the foremost in the fray and
noblest of the land, who proved that day of what
sires they came ! " Unsuccessful in all their other
enterprises, they contracted to rebuild the temple at
Delphi, and with lavish expenditure of their ample
revenues performed the work with greater magnifi
cence than the specifications stipulated , in reward
for which they were helped by the Delphic
priestess in obtaining military aid from Sparta .
Whenever the Lacedæmonians consulted the oracle
she enjoined them to aid in the deliverance of Athens,
and at length induced them to undertake the task ,
although they were united by bonds of hospitality
with the Peisistratidai. A second and equally potent
ARISTOTLE'S CONSTITUTION OF ATHENS 29

motive for the enterprise was their jealousy of the

friendship of the Peisistratidai with Argos. First
they sent Anchimolos by sea, and on his defeat and
death, which were due to the arrival of Kineas the
Thessalian to reinforce the tyrants with 1000 cavalry,
they were highly exasperated, and despatched Kleo
menes the king with more powerful forces by the
mainland. He defeated the Thessalian cavalry who
attempted to hinder his passage of the frontier, shut
up Hippias in the Pelasgic fortress or old Acropolis,
and besieged him there in concert with the Athenians.
While the siege proceeded, the children of the Peisis
tratidai, attempting a secret exit, were captured.
This led to a capitulation : in return for the restora
tion of their children, and permission to remove
what they could of their property in a five days'
interval, the Peisistratidai surrendered the Acropolis
to the Athenians in the archonship of Harpaktides
(511-510 B.C.), after exercising despotic power for a
period of seventeen years from their father's death,
or forty -nine years from the commencement of his
reign.
20. After the expulsion of the usurpers feud
arose between Isagoras son of Tisandros, a partisan
of the fallen dynasty, and Kleisthenes, one of the
Alkmaionid clan . Unable to withstand the con
federated clubs of his opponents, Kleisthenes called
30 ARISTOTLE'S CONSTITUTION OF ATHENS

to his side the populace, to whom he offered sove

reign power. Isagoras was now worsted in the
contest, and again invoked the aid of Kleomenes,
who was united to him by ties of hospitality, and
persuaded him to banish from Attica the persons
tainted with the Kulonian pollution, a class which
included the Alkmaionids.. Then Kleisthenes with
a few others fled the country, and Kleomenes exiled
700 Athenian families as polluted by sacrilege.
Next he tried to dissolve the Senate and make
Isagoras with 300 of his partisans ruler of the
state ; but when the Senate resisted and the com
mons assembled in its defence, Kleomenes and Isa
goras had to retreat to the Acropolis. After stand
ing a siege for two days, Kleomenes with his
soldiers was suffered to depart under a truce, and
Kleisthenes with his confederates was recalled.
Thus the sovereign power fell into the hands
of the commons with Kleisthenes for leader and
champion ; for the chief credit of the expulsion
of the usurpers belongs to the Alkmaionids, whose
feuds with them had been incessant. A still earlier
attempt to oust them had been made by Kedon,
who is commemorated in the drinking song : “Fill
our cups, boy, for a toast to Kedon ; fill them
full, if the good deserve remembrance in our
wine. '
1

ARISTOTLE'S CONSTITUTION OF ATHENS 31

21. Such were the reasons the commons had for

trusting Kleisthenes. Leading them and having
their support, in the fourth year after the fall
of the tyranny in the archonship of Isagoras (508
B.C.), he began his reforms by distributing the popu
lation into ten tribes instead of four, breaking up
the old groupings in order to extend the possession
of the franchise : whence the advice addressed to
would-be purifiers of the list of the clans not to
mind the ancient tribes. Next he formed the
Senate of 500 instead of 400, taking 50 instead
of 100 from each tribe. In fixing the number of
tribes his reason for rejecting a system of twelve
was to keep his new sections from any coincidence
with the old cleavage into twelve trittues which tri
sected the former tribes, and thus secure complete
novelty for his rearrangement of the population.
The land as an aggregate of units, called townships
or demes, was divided into thirty sections called
trittues or ridings, which were again united in
three groups, ten trittues being urban, ten inland ,
ten maritime ; and of these trittues three, deter
mined by lot, went to form a tribe, with the con
dition that each tribe included one trittus of every
group. Municipal privileges were extended to all
1 If, as Herodotos informs us, each tribe contained ten demes,
the trittues must have contained a variable number of demes ;
32 ARISTOTLE'S CONSTITUTION OF ATHENS

residents in the deme or municipality; and to

1
prevent novelty of franchise being betrayed by the
foreign sound of a father's name, Kleisthenes insti
tuted the official style of describing an individual
that prevails in the present day, i.e. by specifying
his deme instead of his father. The forty -eight
naukraries were superseded by 100 demes, and de
marchs were created with the functions exercised by
the old naukraroi. The demes received their names
either from natural features of the locality or from
their founders, if these were not irrecoverably buried
in oblivion. The organization of clans, phratries,
and priesthoods was allowed to continue unaltered.
The tribes were named after ten heroes solemnly
sanctioned by the Delphic oracle out of one hundred
selected by popular vote .
22. These changes made the constitution much
more democratic than it had been after the reforms
some three, some four, some perhaps two. Then a tribe might
be thus composed : an urban trittus of three demes, an inland
trittus of three demes, and a maritine trittus of four demes ;
or thus : an urban trittus of four demes, an inland trittus of
1

four demes, and a maritime trittus of two demes, and so on.

The demes of one trittus seem to have been contiguous, though
the trittues of one tribe were scattered over different parts of
Attica.
1 The names of the tribes were : Erechtheis, Aigeis, Pandi
onis, Leontis, Akamantis, Oineis, Kekropis, Hippothoontis,
Aiantis, Antiochis.
ARISTOTLE'S CONSTITUTION OF ATHENS 33

of Solon . His laws fell into desuetude in consequence

of the usurpation, and the laws of Kleisthenes were
enacted with the express purpose of increasing the
ascendency of the commons, as for instance the law
respecting ostracism . In the eighth year after the
reform of Kleisthenes, in the archonship of Hermo
kreon (501 B.C.), the Senate of 500 was first required
to take the oath which is still administered, and the
custom was begun of filling the office of general by
electing one for each tribe, while the whole army
remained under the command of the polemarch.
Twelve years afterwards they were victorious at
Marathon, when Phainippos was archon (490 B.C.).
Two years after that, emboldened by success, the
commons applied for the first time the law of
ostracism which they had enacted as a safeguard
against the great, taking a lesson from the career of
Peisistratos, who had been champion of the masses
and general before he usurped despotic power. The
first person ostracized was one of his relatives,
Hipparchos of Coluttos, son of Charmos, at whom
the law was originally aimed by Kleisthenes, who
thought him dangerous to the state. For the
tyrants' partisans who had taken no guilty part in
the disorders had been permitted , with the customary
leniency of the commons, to remain in Athens; and
the head and front of that party was Hipparchos.
D
34 ARISTOTLE'S CONSTITUTION OF ATHENS

The next year,when Telesinos was eponumos (487B.C.),

they for the first time after the expulsion of the
tyrants1 appointed the nine archons by lot, taking
one from each tribe out of 100 candidates previously
selected by tribal vote. Before that, the archons
had been definitively selected by vote. The same
year they ostracized Megakles, son of Hippokrates
of Alopeke . Thus for three years it was only the
partisans of the tyrants who were ostracized ; but
after the fourth year the blow fell on any others who
seemed too powerful. The first man unconnected
with the tyrants who suffered the fate was Xanthippos,
son of Ariphron (486 B.C.) . The third year after this,
when Nikomedes was archon (484 B.C.), the mines at
Maroneia or Laurion were discovered , and their
working gave the state a revenue of 100 talents .
While some politicians advised the people to divide
the money among themselves, Themistokles dis
suaded them : he did not disclose the destination of
the funds that he contemplated, but asked them to
lend one talent apiece to one hundred of the richest
citizens. If the commons afterwards approved of
the object on which they were spent , they should
debit the state with the cost ; if not, they should
call in the capital and dispose of it at their pleasure .
He obtained the funds on these conditions , and built
1
Reverting to the mode instituted by Solon, ch. 8.
ARISTOTLE'S CONSTITUTION OF ATHENS 35

the hundred triremes, one with each talent, with

which they fought against the barbarian the battle of
Salamis. The same year they ostracized Aristeides,
the son of Lusimachos (484 B.C.) . The fourth year
after this, in the archonship of Hupsichides (July,
481 - July, 480 B.C.), they recalled all the persons
they had ostracized, because Xerxes was on his
march against Greece ; and named Geraistos, the
south point of Euboia, and Skullaion, the east point
of Argolis, as the east and west limits beyond which
in future any ostracized person must reside, on
penalty of forfeiting for ever his rights of citizen
ship.
23. Up to this epoch the growth of the state
in power was accompanied step by step by a corre
sponding growth of its democratic character. But
after the Median war the council of Areopagus
recovered strength and ruled the state, not that
any law conferred the hegemony on them , but because
the aristocratic party had the credit of the victory
at Salamis. For when the generals had despaired
of the country and proclaimed a sauve qui peut, the
Areopagus raised funds, gave every man eight
drachmas (6s. 6d .), and induced them to man the
ships. In consequence of this public service the
Ecclesia yielded the ascendency to the Areopagus,
and public affairs were admirably administered dur
D 2
36 ARISTOTLE'S CONSTITUTION OF ATHENS

ing the following epoch. For they acquired the

art of war, made their name honoured throughout
the Hellenic world, and possessed themselves of the
sovereignty of the sea with the consent of Lake
daimon. At this time the leaders of the commons
were Aristeides, son of Lusimachos, and Themis
tokles, son of Neokles ; the latter studious of the
arts of war, the former reputed eminent in states
manship and honest beyond his contemporaries ;
which characters made their countrymen employ
the one as a general the other as a counsellor.
The rebuilding of the walls of Athens was their
joint work, though they were otherwise at feud.
The detachment of the Ionians from Persia and the
formation of an alliance with Sparta were due to
the counsels of Aristeides, who seized the oppor
tunity afforded by the discredit cast on the Lako
nians by the conduct of Pausanias. He too
originally apportioned, two years after the battle
of Salamis, in the archonship of Timosthenes (478
B.c.), the contribution to be paid by the islanders :
and it was he who, as representative of Athens at
the confederacy of Delos, swore that Athens would
have the same friends and enemies as the Ionians,
on the occasion when the oaths were solemnised
by sinking masses of metal in the sea.
24. Subsequently, when lofty thoughts filled
ARISTOTLE'S CONSTITUTION OF ATHENS 37

every bosom and wealth was accumulating, Aristei

des advised them to administer the hegemony with
their own hands, to leave their country occupations
and fix their domicile in the city. Sustentation ,
he promised, would be provided for all, either as
soldiers or sailors in active service, or as troops in
garrison or as public servants; and then they could
increase the vigour of their imperial sway. They
followed his advice, and, taking the rule into their
own hands, reduced their allies to the position of
vassals, except the Chians, Lesbians, and Samians,
whom they kept as satellites of their power, and per
mitted to retain their own constitutions and to rule
their own dependencies : and they provided for their
own sustentation by the method which Aristeides in
dicated ; for in the end the public revenues, the taxes
and the tributes of the allies gave maintenance to
1
more than 20,000. There were 6,000 dicasts or jurors,
1,600 archers, 1,200 cavalry, 500 senators, 500
1 When Plutarch, discussing the saying that justice begins
at home, suggests that the so -called justice of Aristeides was
confined to his relations with his own countrymen , he was per
haps thinking of these events. In the time of honest Aristeides
the contributions of the allies towards the war against Persia
amounted to 460 talents. As an effect of the increased vigour
which he recommended, they amounted in the time of Alci
biades to 1,300 talents, expended by Athens as her private
revenue.
38 ARISTOTLE'S CONSTITUTION OF ATHENS

soldiers of the dockyard garrison, 50 city guards,

700 home magistrates, 700 foreign magistrates,
2,500 heavy armed soldiers (this was their number
at the beginning of the Peloponnesian war ), 4,000
sailors manning 20 guardships, 2,000 sailors ap
pointed by lot, manning 20 tribute-collecting ships,
and in addition to these the Prutaneion , the or
phans, the gaolers ; and all these persons were
maintained at the expense of the national treasury.1
25. The sustentation of the commons was thus
secured . The seventeen years which followed the

1 Accordingly the number supported by the public funds

equalled what is estimated to have been the total number of
full -grown male citizens in the palmy days of Athens. The
twelve phratries, according to Pollux, were each divided into
thirty clans, and each genos or cian into thirty families. This
makes 10,800 families, agreeing with a statement in Xenophon's
Memorabilia , iii. , 6, 14, that Athens contained upwards of
10,000 families (oikiai). Allowing two full-grown men to a
family, there were 20,000 of this category. Adding 10,000
metoikoi, or domiciled foreigners, we obtain 30,000 freemen ;
adding 110,000 women and children, we get 140,000 . free
inhabitants ; adding 400,000 slaves, we obtain a total of
540,000 persons. After the fall of Greece the population of
Attica declined . In 133 B.C., it is estimated that we must
divide the free population by six, the slaves by three ;ް‫ ލ‬that of
the former there were about 23,000, of the latter about 115,000,
making a total of 138,000. Even this is more than double the
population of modern Attica (about 60,000). See F. Hermann,
Greek Antiquities, $ 98.
ARISTOTLES CONSTITUTION OF ATHENS 39

Median war were about the period during which

the country continued under the ascendency of the
Areopagus, though its aristocratic features were
gradually on the wane. When the masses had grown
more and more preponderant, Ephialtes, son of
Sophonides, reputed incorruptible in his loyalty to
democracy, became leader of the commons, and began
to attack the Areopagus. First, he put to death
many of its members by impeaching them of offences
committed in their administration . Afterwards, in
the archonship of Konon (462 B.C.), he despoiled
the council itself of all its more recently -acquired
attributes, which were the keystone of the existing
constitution , and distributed them among the Senate
of 500, the Ecclesia, and the courts of law. In this
work he had the co -operation of Themistokles, who
was himself an Areopagite, but expecting to be im
peached for treasonable correspondence with Persia.
Desiring the immediate ruin of the council, Themis
tokles warned Ephialtes that it was going to imprison
him ; and told the Areopagus that he would show
them a band of traitors in the act of conspiring against
the state. Whereupon he conducted a committee
of the council to the residence of Ephialtes to show
them the gang assembling, and held them in earnest
conversation on the spot. When Ephialtes saw them
he was panic-struck, and fled clad in nothing but
40 ARISTOTLE'S CONSTITUTION OF ATHENS

his tunic to the altar,and sat there to the general

amazement of the spectators. Subsequently Ephial
tes and Themistokles kept accusing the Areopagus
before the Senate of 500, and again before the
Commons, till finally they stripped it of all its
principal functions. The assassination of Ephialtes
by the instrumentality of Aristodikos of Tanagra
followed not long after. Such were the circumstances
of the overthrow of the Areopagus.
26. After this the degradation of the constitution
proceeded without intermission from the eagerness
of politicians to win popular favour; and at the same
time there happened to be no organizer of the
aristocratic party, whose head, Kimon, the son of
Miltiades, was too young for some years to enter
political life ; besides which , their ranks were much
devastated by war. Expeditionary forces were re
cruited by conscription ; and as the generals had no
military experience and owed their appointment to
the reputation of their ancestors, each expedition
entailed the sacrifice of 2,000 or 3,000 lives, chiefly
of the noblest sons of Athens,whether belonging to
the wealthy classes or to the commons.
Although in every department of political life
obedience to the constitution was relaxed, yet the
mode of electing the nine archons partly by vote
was not abrogated ; but six years after the death
ARISTOTLE'S CONSTITUTION OF ATHENS 41

of Ephialtes it was enacted that a contingent of

Zeugeitai as well as of the two higher classes should
be elected by vote to cast lots for the archonship,
and the first Zeugeite who held office was Mnesi
theides (457 B.C.). Before him all the archons were
either Pentacosiomedimnoi or Hippeis, and the
Zeugeitai were only appointed to minor magistracies,
unless by an occasional disregard of the constitution.
Five years after, when Lusikrates was archon
(453 B.C.), the thirty local judges of assize for the
demes were revived (ch. 16) ; and three years after,
in the archonship of Antidotos (451 B.C.), on the
motion of Perikles, a law was passed in consequence
of the rapid multiplication of citizens, that no child
should be qualified by birth for record on the civic
roll unless both its father and its mother possessed
the franchise.
27. After this, under the leadership of Perikles,
who had already signalized himself in his youth by
impeaching the accounts rendered by Kimon of his
generalship, democracy penetrated still deeper into
the constitution . He despoiled the Areopagus of
some remaining functions, and it was principally he
who impelled the country to make itself sovereign
of the sea, and led the masses, intoxicated by success,
to grasp an ever-increasing monopoly of power.
Forty-nine years after the sea- fight at Salamis, in
42 ARISTOTLE'S CONSTITUTION OF ATHENS

the archonship of Puthodoros (432–431 B.C.), the

Peloponnesian war began to run its course ; and it
was during this period that the commons, shut up
in the metropolis and habituated by military service
to live on public funds, in part voluntarily in part
involuntarily, gradually resolved to discharge the
functions of executive in person. Pay for service in
the law-courts was originated by Perikles, bidding
by this measure for the gratitude of the commons
against the bid which Kimon was enabled to make
by his superior wealth . For Kimon, with the revenues
of a king, besides discharging his public duties with
magnificence, maintained many of his municipality
at his own expense, keeping open house for all the
deme of Lakiadai ; and left all his orchards unfenced
so that anyone who liked might go in and eat his
fruit. As he could not compete in such liberalities,
Perikles followed the counsel of Damon, son of
Damonides of Oia, reputed to be his political adviser
( for which reason he was afterwards ostracized), and
as his own means were inadequate, made a present
to the masses of what was already their own, by
establishing the system of payment for service in the
law-courts ; to which some ascribe their deterioration ,
as the have-nothings were always more eager to cast
lots for the function than people of position. After
this followed the practice of bribing the jurors, an
ARISTOTLE'S CONSTITUTION OF ATHENS 43

invention of Anutos after his command at Pulos ;

for when he was impeached for the loss of Pulos he
bribed the chamber of jurymen and was acquitted.
28. So long as Perikles continued leader of the
commons the management of public affairs was
tolerable, but after his decease it much deteriorated .
Now for the first time the commons adopted for
their leader a man held in no esteem by wise or
honest citizens. In older times the chiefs of the
commons were without exception men of respectable
character. The most ancient of the list was Solon,
the next Peisistratos, both of high birth and high
distinction . After the fall of the despotism, Kleis
thenes, a member of the Alkmaionid clan, succeeded
and encountered no rival leader of the opposition
after the exile of Isagoras. Subsequently the com
mons were led by Xanthippos, the higher orders by
Miltiades. Then followed Themistokles and Aris
teides, after them Ephialtes headed the commons,
Kimon, son of Miltiades, the richer classes. Lastly
Perikles represented the commons, and Thoukudides,
related by marriage to Kimon, the opposition. After
the death of Perikles the aristocratic party were led
by Nikias, who died in Sicily, the popular party by
Kleon, son of Kleainetos. He appears to have been
by his incitations a most effective corrupter of the
commonalty. He was the first to bellow and scold
44 ARISTOTLE'S CONSTITUTION OF ATHENS

on the tribunal, and made speeches in the garb of a

working man, while the others had always regarded
decorum . After these the one party were led by
Theramenes, son of Hagnon, the commons by
Kleophon, the musical instrument maker. He was
the first who presented the populace with the
theorikon, or three obols to pay for a seat at the
theatre, and for a time had the distribution of the
dole, but was eventually outdone and supplanted by
Kallikrates of Paiania, who increased the largess by
another Both these politicians were sub
obol.
sequently put to death, for generally when the
masses have been misguided the time comes when
they learn to hate the authors of disgrace or
disaster. From the epoch of Kleophon, without any
intermission , the leadership passed successively to
whoever was most reckless in courting the adhesion
of the populace by sacrificing permanent interests to
some immediate gratification. The most respectable
of the Athenian statesmen in modern times were
Nikias, Thoukudides, and Theramenes.. About
Nikias and Thoukudides people are nearly unani
mous that they were men of honour and statesman
like in their views, and ruled the state as a father
rules a household. As to Theramenes, who lived in
1 Or with his robes fastened or tucked up as if he were en
gaged in some manual labour.
ARISTOTLE'S CONSTITUTION OF ATHENS 45

revolutionary times, opinion is more divided. Ac

cording to the verdict of dispassionate judges, instead
of being a traitor and renegade as his traducers
allege, and having a hand in the overthrow of every
form of constitution , he supported every form so long
as its adherents were law -abiding, and he was ready
to take a part in public life under any form , as
patriotism enjoins; but so soon as the conduct of the
partisans of any government became unconstitutional,
he was ready to oppose them and incur their hatred .
29. As long as victory in the war hung in doubtful
scales the constitution continued democratic, but
when the Sicilian disaster gave a clear superiority
to the Lacedæmonians, they were obliged , in order to
obtain the assistance of Persia, to abandon democracy
and substitute in its place the rule of the 400.
The orator who prepared the public mind for the
change was Melobios, the framer of the decree
Puthodoros, the cause of its adoption by the
commons, their belief that the Persian king would
be more easily induced to become their ally if their
government were converted into an oligarchy. The
effect of the bill of Puthodoros was as follows : The
commons should elect, to take part with the existing
ten probouloi,twenty other persons from the body of
citizens more than forty years old, who, after taking
an oath to put in writing wbat they believed to be
46 ARISTOTLE'S CONSTITUTION OF ATHENS

most expedient for the state, should draw up a plan

for the salvation of the country ; all others who
wished should be entitled to make any written
suggestions, in order that the commons, having all
the projects before them, might adopt the best. So
far Kleitophon agreed with Puthodoros, but to assist
the commons in coming to a wise conclusion , he
wished further to commission the constitution - framers
to search out the old laws enacted by Kleisthenes
when he founded the democracy, in the idea that the
Kleisthenic constitution was no democracy, but
something like the timocracy of Solon. The board
when elected first brought in a bill making it
compulsory on the prutaneis to put every proposition
on the salvation of the country to the vote : next
abolished all indictments for unconstitutional motions,
all impeachments of treason before the Senate or
Ecclesia, and citations on like charges before any
criminal court, in order to encourage all Athenians
who chose, to offer advice on the existing dangers ;
and enacted that whoever on the ground of such
counsels molested, or cited , or brought anyone before
a criminal court should be liable to information and
arrest, and be taken for summary process before the
strategoi, who should deliver him to the eleven
prison commissioners to be put to death. Next they
enacted the following fundamental ordinances : It
ARISTOTLE'S CONSTITUTION OF ATHENS 47

should not be lawful to spend the public revenue on

any object but the conduct of the war ; that during
the war all magistracies should be unsalaried except
the nine archons and the prutaneis, who should
receive three obols (44d .) a day. That absolute power
should be committed to the citizens most able to
serve the country by their persons and their substance,
forming a body of not less than 5,000, so long as the
war continued, including power to make treaties
with any foreign state ; and, finally, that ten men
chosen from each tribe should compose a catalogue
of the 5,000, after swearing an oath solemnised with
the sacrifice of full-grown victims.
30. Such were the ordinances of the thirty
probouloi. As soon as they were ratified, the
5,000 elected out of their own body 100 persons,
who were commissioned to construct the charter
of the constitution . They framed and promulgated
the following platform : A council should hold office
for a year, consisting of persons more than thirty
years old and unsalaried. These should include the
generals, the nine archons, the hieromnemon or
sacred recorder sent with the pulagoras or deputy
to the Amphictuonic Council, the ten taxiarchs or
commanders of the tribal quota of infantry, the two
hipparchs or commanders of cavalry , the ten
phularchs or officers of the tribal quota of cavalry,
48 ARISTOTLE'S CONSTITUTION OF ATHENS

the commandants of fortresses, the ten treasurers of

the sacred treasures of Athena and the other gods,
the twenty treasurers of the other secular treasures
who had charge of the funds, the ten hieropoioi or
inspectors of sacrifices, and the ten epimeletai or
curators. That all these officials should be appointed
by the council by a double election ; that is, by elec
tion from a number previously elected out of the
members of the council. All other magistrates
should be appointed by lot, and not from the body
of the councillors. The hellenotamiai, or officers
who collected the contributions of the smaller Greek
states towards the Persian war, who had charge of
the funds, should not form part of the council. In
the future four councils should be formed of members
more than thirty years old, and cast lots for
precedence in tenure of office; and, as a precaution
against cabals , at every new sortition the groups
should be formed of new combinations. That the
100 members of the constituent board should divide
themselves and 300 others into four groups, equal in
weight as well as number, and cast lots to determine
which should first hold office for a year. The .
council should take such measures as should seem
to them best for the conservation and expenditure
of the revenue and all other purposes; and if they
should desire to deliberate in greater numbers, each
ARISTOTLE'S CONSTITUTION OF ATHENS 49

councillor should join to himself any associate whom

he chose under the same condition of age. The
sessions of the council should be for five days at
a time with intervals of five days, unless more
frequent sessions should be necessary. The sortition
of the council should be superintended by the nine
archons; their votings by five tellers taken by lot
from the council, one of whom should be chosen by
lot every day to be chairman and put questions to
the vote. The five tellers should admit by decision
of lot any persons who wished to have audience of
the council,giving the first appointments to religion,
the second to heralds from states at war, the third
to embassies from states at peace, the fourth to any
other business. Military matters should be intro
duced by the generals for debate as occasion required
without casting lots. Non -attendance of a councillor
at the council chamber at the appointed hour should
entail a fine of a drachma per day, unless per
mission of absence should have been previously
obtained.
31. This constitution was intended for future
times : the following was intended to come into
immediate operation. A council of 400 were to
govern according to ancient precedent, forty of whom
were to be selected from each tribe, out of a larger
number pre-selected by tribal voting from citizens
E
50 ARISTOTLE'S CONSTITUTION OF ATHENS

above thirty years of age. The council was to

appoint magistrates, formulate the oath they were
to swear, and deal with the laws, with the accounts
to be rendered by magistrates on laying down office,
and all other matters as they might deem expedient.
They were to observe the constitutional laws that
should be enacted and not abrogate or alter them.
On this occasion they were to elect the generals from
all the 5,000. Soon after its assumption of office,
and after a review of the army, the council were to
appoint a board of ten commanders with a secretary,
who were to have autocratic power for the present
1

year, consulting the council when occasion required.

The board should appoint one hipparch and ten
phularchs; subsequently the appointment of such
officers was to be made by the council according to
the terms of the constitution. As to all other officials
except councillors and generals, it should not be
lawful for any of the 400 or any other person to
discharge the duties of any high office more than
once , When once the 400 had been formed into
four groups for sortition, on subsequent occasions,
to prevent the old members when on the council
a second time from having the same colleagues, the
constituent board of 100 should see that they were
distributed so as to form new combinations.
32. Such was the constitution framed by the con
ARISTOTLE'S CONSTITUTION OF ATHENS 51

stituent board who were chosen for the purpose by

the 5,000 ; and as soon as it had received ratification
by the people on the question being put to their
vote by Aristomachos, in the archonship of Kallias
( July 413 — July 412 B.C.), on the 14th of Thargelion
or May, a month before it had completed its year of
office, the senate of 500 was relieved of its functions ;
and the council of 400 assumed the reins of govern
ment on the 21st of Thargelion. The senate of 500,
selected by lot as successors to the last, would have
entered on their office on the 14th of Skirophorion
or June. Such was the mode in which the oligarchy
was set on foot in the archonship of Kallias, about
100 years after the fall of the tyranny, principally
by the agency of Peisandros, Antiphon, and Ther
amenes,men of illustrious birth and in high esteem
for wisdom and justice. As soon as the government
was established, the selection of the 5,000 proved to
be nugatory, for the council of 400, with the ten
autocratic commanders, entered the council chamber
and took upon themselves the business of govern
ment. They sent an embassy to Lakedaimon with
overtures to end the war on the basis of utipossidetis :
but,as Sparta declined unless Athens abdicated tho
sovereignty of the sea , they had at last to abandon
the project of pacification.
33. Four months was about the duration of the
E 2
52 ARISTOTLE'S CONSTITUTION OF ATHENS

rule of the 400 ; and Mnasilochos, one of their number,

was archon for two months of the year (411 B.C.),
named after Theopompos, who was eponumos for the
remaining ten. The defeat at the sea -fight of
Eretria, followed by the revolt of the whole island of
Euboia with the exception of Oreos, affected the
Athenians more painfully than any previous disaster ;
for the products of Euboia were actually more im
portant to them than those of Attica. Accordingly
they deposed the 400, gave supreme power to 5,000
citizens qualified by military service, and passed a
decree that no magistracy should be salaried. The
principal authors of the revolution were Aristokrates
and Theramenes, discontented with the conduct of
the 400, because they assumed authority to decide
every question of themselves without asking for the
sanction of the 5,000. Then followed, as is recorded ,
a period of excellent administration. It was a
period of war, and military capacity was not un
naturally the title to political power.
34. Their rule was soon terminated by the restora
tion of democracy on the return of the fleet from
Samos after the victory of Kuzikos. In the sixth
year after the fall of the 400, in the archonship of
Kallias of Angele (406—405 B.C.), after the naval
victory of Arginousai, two faults were committed :
the ten victorious generals were condemned to death
ARISTOTLE'S CONSTITUTION OF ATHENS 53

collectively on a single indictment, though some had

taken no part in the action, and others, after the
sinking of their own ships, owed their lives to being
rescued by their neighbours. To this injustice the
commons were impelled by orators who misdirected
their anger. Secondly, when the Lacedæmonians
offered to evacuate Dekeleia and make peace on the
basis of uti possidetis, though pressed by some of
their counsellors to assent to the overtures, the
majority followed the evil counsel of Kleophon, who
came into the assembly intoxicated, wearing a breast
plate, and said he would not allow peace to be made
unless the Lacedæmonians surrendered all the cities
they had occupied in the course of the war. Having
acted rashly in that conjuncture, no long time elapsed
before they discovered their unwisdom. The very
next year, in the archonship of Alexias, they were de
feated in the sea -fight at Aigospotamoi, which led to
the capture of Athens by Lusandros (16th Mounu
chion or April), and the domination of the Thirty
tyrants. This came to pass in the following manner.
One of the terms on which peace was concluded was
that the ancient constitution should be re -established .
By the construction they put upon these words the
democrats tried to maintain the democracy ; those
who had been members of the aristocratic clubs and
those who returned from exile on the conclusion of
54 ARISTOTLE'S CONSTITUTION OF ATHENS

peace desired to establish an oligarchy ; and those

again who had not been members of an aristocratic
club, though they belonged to families of distinction,
desired to re - establish the Solonian constitution . To
this party belonged Archinos, Anutos, Kleitophon ,
Phormisios, and many others, but the principal leader
was Theramenes. When Lusandros pronounced in
favour of the oligarchical interpretation, the intimi
dated commons voted nolens volens for the re
establishment of oligarchy, adopting the motion of
Drakontides of Aphidnai.
35. Owing their elevation to these circumstances,
in the archonship of Puthodoros (404–403 B.C.), as
soon as the thirty felt firm in their position, they
dismissed from their thoughts all the resolutions
respecting the character to be given to the adminis
tration. They chose 500 councillors and the principal
magistrates out of a pre -selected number of 1000 ;
and associating with themselves ten commissioners
of the Peiraieus and eleven prison custodians, and
surrounded with 300 satellites armed with whips,
they proceeded to maintain order in the city with a
very high hand . At starting their conduct was
moderate, and appeared to aim at realizing the
Solonian institutions. The laws levelled by Ephialtes
and Archestratos against the Areopagites were dis
lodged from the court of Areopagus : some of Solon's
ARISTOTLE'S CONSTITUTION OF ATHENS 55

ordinances, whose uncertain construction gave arbi

trary power to the jurors, were cancelled with the
express purpose of correcting and illuminating the
code. For instance, the power of testamentary
disposition in the absence of legitimate children was
made absolute and relieved of the provisos, a con
stant source of litigation , relating to madness of the
testator, infirmities of age, and feminine influence,
in order to shut the door against pettifogging and
sycophancy. During the first period of their rule
they really did what they professed , and only put to
death sycophants and dishonest and mischievous
demagogues, and the public looked on with delight,
believing what was done was for the good of the
country. As soon, however, as they felt themselves
strong in their position, no citizens were safe from
the strokes which fell on those prominent by wealth,
birth, or rank, at the promptings either of fear or
of greed ; and no long space elapsed before they
had put to death as many as 1,500.
36. When social order was at this low ebb,
Theramenes, revolted at the scenes that were being
enacted, urged them to end the career of lawlessness
and admit honestly disposed citizens to some share
of political power. At first they refused to listen,
but when his remonstrances reached the public ear
and obtained general assent, fearing lest he should
56 ARISTOTLE'S CONSTITUTION OF ATHENS

put himself at the head of the commons and over

throw the oligarchy, they made a catalogue of 3,000
citizens, professing they were going to give them a
share in shaping the destinies of the nation . Thera
menes, however, still condemned their measures on
two grounds : because while they proclaimed the
intention of granting to the well-disposed some
influence in public affairs they only enfranchised
3,000, as if that number marked the extreme limit
of civic virtue : secondly, because they tried to
combine two things that were mutually repugnant,
the rule of violence and rule by consent of the
governed. These protests were disregarded, and
the promulgation of the catalogue of the 3,000 was
continually postponed, and the names of those they
had selected for association in power were kept a
secret in their own bosoms, or, if from time to time
instalments of the lists were published, they per
petually cancelled names originally introduced and
substituted others originally excluded.
37. After winter had set in and Phule had been
seized by Thrasuboulos, and the attempt to dislodge
him proved unsuccessful, the Thirty determined to
disarm the population and disembarrass themselves
of Theramenes. This they did in the following
manner . They introduced two bills for the assent
of the council, one of which gave the Thirty abso
|

ARISTOTLE'S CONSTITUTION OF ATHENS 57

lute power over the life of any citizen not included

in the catalogue of 3,000, while the other excluded
from political rights all who had had a hand in
destroying the fortress of Eetioneia or opposed the
400 or the founders of the last oligarchy. As Thera
menes was guilty of both these offences, the effect of
the ratification of the bills was to exclude him from
the franchise, and empower the Thirty to put him
to death . His execution was followed by the dis
armament of all the population except the 3,000,
and an exacerbation of the crimes and cruelty of the
Thirty. They sent an embassy to Lakedaimon with
accusations against Theramenes and a request of
assistance : in response to which the Lacedæmonians
sent Kallibios as commissioner to restore order with
about 700 troops, who on their arrival occupied and
garrisoned the Acropolis.
38. The exiles in Phule afterwards seized Mounu
chia and defeated in battle the army of the Thirty
who attacked them . The defeated troops effected
their return to the city, but in consequence of the
disaster assembled the next day in the market-place,
declared the Thirty to be deposed, and elected ten
citizens with autocratic power to bring the war to a
close. When the Ten were established in office
they neglected the object which they were com
missioned to accomplish , and sent an embassy to
58 ARISTOTLE'S CONSTITUTION OF ATHENS

Lakedaimon to ask for aid and borrow funds. Rous

ing thereby the indignation of their countrymen who
were invested with the franchise, and fearing to be
deposed, in order to overawe the others (an object in
which they succeeded) they arrested Demaretos, one
of the most distinguished, and put him to death ;
and continued a reign of terror in which they had
the co-operation of Kallibios and the Peloponnesians
who were present and a portion of the Equestrian
order, for some of these were among the most
resolute in attempting to prevent the return of the
exiles from Phule. When, however, the exiles made
good their position in the Peiraieus and Mounuchia,
and, joined by all the commons from the city,
were proving their superior strength, the 3,000 who
monopolized the franchise deposed the first appointed
Ten, and appointed a second board of the same
number, composed of the best and wisest that could
be found, under whose tenure of office, and by
whose co -operation and strenuous efforts,the restora
tion of the democracy and pacification were brought
to a successful end. Their most prominent chiefs
were Rhinon the Paianian and Phaüllos the Acher
dousian . Before the arrival of Pausanias they
negotiated with their countrymen in Peiraieus, and
were zealous in helping forward the restoration .
For the actual conclusion of peace and reconciliation
ARISTOTLE'S CONSTITUTION OF ATHENS 59

was managed by Pausanias the Lacedæmonian King

and the ten Reconcilers, who afterwards, in compli
ance with his request, were despatched from Lake
daimon. Rhinon and his colleagues earned praise
for their loyalty to the democracy, and, though
elevated to power under an oligarchy and bound
to render an account of their trust to a democracy,
found no accuser either among those who staid in
the city or among those who returned from Peiraieus;
and indeed Rhinon was immediately afterwards
made a general.
39. Peace was concluded in the archonship of
Eukleides (403 B.C.) on the following terms : Every
Athenian who during the war staid in the metropolis,
if he wishes , may transfer his residence to Eleusis,
without losing his franchise or proprietary rights or
the enjoyment of his revenues, and invested with
autonomous power at Eleusis. The temple of
Demeter at Eleusis shall be of common access to
both parties under the hereditary custody of the
Kerukes and Eumolpidai. The residents at Eleusis
shall not visit Athens, and the residents at Athens
shall not visit Eleusis, except at the celebration of
the Mysteries, greater and lesser. The residents at
Eleusis shall contribute from their revenues to the
federal fund like the residents in Athens. Any
emigrant to Eleusis who takes a house shall first
1
60 ARISTOTLE'S CONSTITUTION OF ATHENS

obtain the assent of the owner ; if they differ on

the terms, each shall choose three valuers, and the
price fixed by the valuers shall be paid. Only those
Eleusinians whom the residents permit shall remain
at Eleusis. The registration of intending emigrants
at present in Athens must take place within
seven days of taking the oath of pacification, their
emigration within twenty days : the registration and
migration of intending emigrants at present abroad
shall be within similar intervals after their return to
Athens. No emigrant to Eleusis shall hold any
magistracy in Athens before he is again registered as
resident in Athens. Trials for homicide in accordance
with the ancient laws shall only be held of persons
who have killed with their own hand . Past offences
shall not be remembered against anyone, except
against the Thirty and the board of Ten and the
eleven prison commissioners and the ten governors of
Peiraieus ; and not against these if they submit to
render an account of their tenure of office. Accounts
shall be rendered by those who ruled in Peiraieus to
the residents in Peiraieus, and by those who ruled
in Athens to residents in Athens. Those who have
rendered such accounts shall be permitted forthwith
to migrate. The funds borrowed towards the
prosecution of the war by either party shall be
paid exclusively by the party who borrowed.
ARISTOTLE'S CONSTITUTION OF ATHENS 61

40. The terms of the pacification not allaying

the fears of those who had fought on the side of the
Thirty, many of whom intended to secede to Eleusis,
though with natural procrastination they deferred
registering or migrating to the last days permitted
by the law ; Archinos, observing how numerous they
were and wishing to stop the exodus, suddenly
curtailed the time allowed for registration and
migration, and thus compelled many to stay in
Athens against their will, until at last they dis
covered that their apprehensions were unfounded .
A second measure of Archinos which gained further
applause was his impeaching as unconstitutional the
proposal of Thrasuboulos to confer citizenship on all
who joined in the return from Peiraieus, some of
whom were notoriously slaves. On a third occasion,
when one of the returned exiles attempted to violate
the amnesty, he arrested him and took him before
the Senate, and persuaded them to put him to death
without a trial, telling them the hour had come
when they must show whether they meant to save
the democracy and abide by the oaths they had
sworn : if they acquitted this offender, they would
encourage others to commit the same offence : if
they put him to death, all the rest would take
warning from his fate. And so it came to pass, the
man was put to death, and no one afterwards
62 ARISTOTLE'S CONSTITUTION OF ATHENS

attempted to violate the amnesty. In various other

measures, both public and private, they seem to
have shown much virtue and wisdom in the way
they faced the disasters which had befallen them .
Besides passing the act of amnesty, they paid the
-debt to Lakedaimon incurred by the Thirty for the
purposes of the war out of the public funds, although
by the capitulations the two parties, those of the
city and those of Peiraieus, were each to meet their
own liabilities. They deemed such a step to be
an appropriate inauguration of the era of concord,
whereas in the history of other states, far from
contributing from their own pockets to aid their
opponents to pay their debts, we see the commons
when victorious enrich themselves by a redistribution
of the land of the vanquished. A final reconciliation
with those at Eleusis ensued 1 in the third year of the
emigration in the archonship of Xenainetos (401 B.C.).
41. This occurred at a later date. Before this,
in the archonship of Puthodoros, the commons on
recovering the supremacy established the constitution
that now exists ; and Thrasuboulos was recognized
as entitled to the leadership, because it was by his
strategy that the restoration of democracy was
1 The leaders of the party, as Xenophon informs us, were
invited to a conference and massacred ; the rest were induced
to return to Athens. Hellenica , ii., 4 , 43.
ARISTOTLE'S CONSTITUTION OF ATHENS 63

accomplished. Of the political revolutions that

Athens experienced this was the eleventh.
The first constitution was that created by the
first consolidators of the scattered forces of Attica ,
Ion and his companions, who were the authors of
the aggregation of the demes into four tribes, and
the integration of the four tribes into a single state,
and the reduction of petty sovereigns to tribal kings.
The second order of things and the first essentially
altered position of sovereign power was the consti
tution under Theseus, a slight departure from the
autocratic type of monarchy.
The next was the legislation of Drakon, the
earliest appearance of written law .
The third type followed after civil dissensions, and
consisted of the institutions of Solon , containing
democracy in embryo.
The fourth was the usurpation of Peisistratos.
The fifth the Kleisthenic constitution, more popular
than the Solonian timocracy.
The sixth the aristocratic rule that followed the
Persian war, presided over by the council of the
Areopagus.
The seventh the constitution initiated by Aristeides
1 i.e. ochlocracy. This word was introduced after the time of
Aristotle to express what he would have called extreme
democracy if he wished to be precise.
1

64 ARISTOTLE'S CONSTITUTION OF ATHENS

and completed by Ephialtes, when he overthrew the

council of Areopagus, signalized in the course of its
history, under the evil guidance of demagogues, by
many errors on the part of the commons, who rose to
supreme power in consequence of Athens acquiring
the sovereignty of the sea.
The eighth form of government was the oligarchy
of the 400 .
The ninth the restored democracy.
The tenth the tyranny of the Thirty and the Ten.
The eleventh, the type which was instituted after
the return from Phule and the Peiraieus, and which
has continued for the last three -quarters of a century,
with a constantly augmenting absolutism of the
commons.) For in every department the commons
have assumed supreme and immediate direction ,
i When this treatise was written no further evolution or
political life for Athens could be expected. After the history
which has been in part related, and with the constitution
which remains to be described , Athens could not have hoped
to furnish hegemony under which other Greek states could rally
to resist any foreign foe, as they had done with rash credulity
after the battle of Salamis. The battle of Chaironeia, which
led to the destruction of Thebes and laid Greece at the feet of
Macedon, had already been fought (338 B.c.). Nearly two
centuries later (Mummius captured Corinth , 145 B.C.) she was
more completely pulverized by a stronger brigand state that had
risen in the west. Forces to be reckoned with by Rome were the
Achaian and Aitolian leagues. Athenian ochlocracy was nowhere
ARISTOTLE'S CONSTITUTION OF ATHENS 65

partly through the legislature and partly through

the judicature, in which they are uncontrolled. The
transfer to the commons of the judicial functions
that belonged to the senate appears indeed to
have been an advantage, for corruption finds an easier
material in a small number than in a large one,
whether it works by motives of greed or partiality.
Pay for the performance of legislative functions was
at first repudiated, but when it was found that non
attendance of the commons at the ecclesia frequently
allowed measures to be carried by the propertied
classes, Agurrhios, in order to induce the masses to
determine by their votes all matters in issue, began
(about 400 B.C.) by bestowing one obol for attendance.
Herakleides of Klazomenai doubled the dole and
finally (392 B.C.) the same Agurrhios raised it to
three obols.

42. The present state of the constitution is as

follows : Citizenship is a right of children whose
parents are both of them citizens. Registration as
member of a deme or township takes place when
eighteen years of age are completed. Before it takes
place the townsmen of the deme find a verdict on
oath, firstly, whether they believe the youth to be as
old as the law requires, and if the verdict is in the
negative he returns to the ranks of the boys.
Secondly, the jury find whether he is freeborn and
F
66 ARISTOTLE'S CONSTITUTION OF ATHENS

legitimate. If the verdict is against him he appeals

to the Heliaia, and the municipality delegate five of
their body to accuse him of illegitimacy. If he is
found by the jurors to have been illegally proposed
for the register, the state sells him for a slave; if
judgment is given in his favour,he must be registered
as one of the municipality . Those on the register
are afterwards examined by the senate, and if anyone
is found not to be eighteen years old a fine is im
posed on the municipality by which he was registered.
After approbation they are called Epheboi or cadets,
and the parents of all who belong to a single tribe
hold a meeting, and after being sworn, choose three
men of the tribe above forty years of age whom they
believe of stainless character and fittest for the
superintendence of youth, and out of these the
commons in ecclesia select one superintendent for
all of each tribe, and a governor of the whole body
of youths from the general body of Athenians.
These take them in charge, and after first visiting
with them all the temples, march down to Peiraieus,
where they garrison the north and south harbours,
Mounuchia and Akte. The commons also elect two
gymnastic trainers for them and persons who teach
them to fight in heavy armour, to draw the bow, to
throw the javelin, and to handle artillery. Each of the
ten commanders receives as pay a drachma per diem,

i
ARISTOTLES CONSTITUTION OF ATHENS 67

and each of the cadets four obols. Each commander

draws the pay of the cadets of his own tribe, buys
with it the necessaries of life for the whole band, for
they mess together by tribes, and purveys for all
their wants. The first year is spent in military
exercises. The second year the commons meet in
the theatre, and the cadets, after displaying before
them their mastery of war like evolutions, are each
presented with a shield and spear, and become
mounted patrols of the frontier and garrison the
fortresses. They perform this service for two years,
wearing the equestrian cloak and enjoying immunity
from other civic functions. During this period, to
guard their military duties from interruption, they
can be parties to no action either as defendant or
as plaintiff, except in suits respecting inheritance, or
heiresses, or successions to hereditary priesthoods.
When the three years are completed they fall into
the ordinary body of citizens. So much for registra
tion on the civic roll and the military training of
youth .
43. All magistrates that have to manage ordinary
business are appointed by lot, except the treasurer of

1 With this we may compare the two years' course of train

ing of English officers for the line and the scientific. corps of
the army, at Sandhurst and Woolwich, between the ages re
spectively of 17 and 23, and 16 and 20.
F 2
68 ARISTOTLE'S CONSTITUTION OF ATHENS

the military chest, the disburser of the theatrical

dole, and the curator of fountains.1 These are
appointed by open election , and hold office from
Panathenaic festival to Panathenaic festival, i.e. from
the first of Hekatombaion or mid - July to the middle
of the following July . Open election is also the
mode of appointment to military command.
The senate of 500 is appointed by lot, fifty being
taken from each tribe. The Prutany or Presidency
is held in turn by each tribe in the order determined
by lot : the first four prutanies lasting for thirty -six
days each, the last six for thirty- five. For( instead
of the number of days which it takes the sun to
make an apparent revolution, i.e. to return to the
same place in the zodiac] the number of days it
takes the moon to make twelve revolutions is their
measure of the length of the year [ which thus only
consists of 354 days ; and the error is corrected, and
the months made to denote the same seasons, by
intercalary years of thirteen lunar cycles or 384 days,
when the prutanies consist of thirty -eight and thirty
nine days]. The Prutaneis for the time being mess
together in the Tholos or Rotunda,2 receiving an
...1 Or as Mr. W. Headlam suggests, with a slight change of
reading, the minister of finance.
2 The Tholos or Skias, the office of the Prutaneis and hall
where they dined, is to be distinguished from the adjacent
ARISTOTLE'S CONSTITUTION OF ATHENS 69

allowance from the state. They convoke the senate

and the commons, the senate every day excepting
holidays, the commons four times in each prutany.
They put out a program of the business to be
transacted by the senate each day, and another for
the ekklesia or assembly of the commons. At the
first or stated session the commons vote on the
conduct of the magistrates, on the supply of corn,
and the defence of the country ; they hear iinpeach
ments of magistrates for maladminstration , and listen
to the recital of the register of confiscations and the
list of suits respecting inheritances and heiresses, so
that no inheritance may be vacant without the cog
nizance of the commons. In the sixth prutany,
besides the above -mentioned business, the question
is put to the vote whether a case has arisen for
applying the power of ostracism ; and indictments
against sycophants are heard , limited to three against
Athenians and three against resident foreigners, and
impeachments for non -fulfilment of promises made
to the state.
The second session is assigned to supplications or

Prutaneion, the palace where guests of the state, ambassadors,

and distinguished citizens, e.g. priests of Eleusis, descendants
of Harmodios and Aristogeiton, or Olympic victors, were enter
tained at the public expense. Both buildings lay to the north
of the Acropolis. K. F. Hermann, Greek Antiquitics, $ 127.
70 ARISTOTLE'S CONSTITUTION OF ATHENS

petitions, and gives an opportunity to all persons on

depositing an olive branch upon the altar to petition
the commons on any matter, whether public or
private.
The third and fourth sessions are devoted to other
business ; and the law directs three audiences to be
given to heralds and embassies, three debates to be
allotted to religion, and three to secular matters.
Debates are sometimes permitted without previous
vote of the senate or notice on the program . Heralds
and embassies are admitted to audience of the
Prutaneis before they are introduced to the commons,
and despatches brought by messengers are delivered
into the hands of the Prutaneis.
44. A chairman of the Prutaneis is appointed by
lot, whose office lasts a night and a day and cannot
be held for a longer time nor more than once. He
is custodian of the keys of the temples containing
the public treasures and the public records, and
keeps the public seal, and must stay in the Rotunda
with a third of the Prutaneis, whom he chooses at
will. On every convocation by the Prutaneis of the
senate or commons,he appoints by lot nine Proedroi
or Presiders, taking one from every tribe except the
presiding tribe, and out of these selects by lot a
chairman, and delivers to them the program of
2 These were kept in the Metroon or temple of Demeter.
ARISTOTLE'S CONSTITUTION OF ATHENS 71

business for the commons. They receive it and

superintend the order of business, propose the ques

tions for deliberation, take the votes, supervise all

other proceedings, and have power to dismiss the
assembly. The chairmanship of the Proedroi cannot
be held more than once a year ; the function of
Proedros may be discharged once in each prutany.
The Proedroi conduct in the ecclesia the election of
generals, hipparchs, and other military commanders,
subject to the direction of the commons. The
Prutaneis of the first prutany after the sixth in
which the omens are favourable conduct these
elections, which are preceded by a preliminary vote
of the senate.
45. The senate in former times had authority to
fine and imprison or put to death ; but Lusimachos,
who had been delivered by its order to be led away
by the executioner, and was already bound and on the
point of being executed, was rescued by Eumeleides
of Alopeke, who said it was not right that any citizen
should be put to death except by judgment of a
court of law ; and on a trial in the supreme court or
Heliaia, Lusimachos was acquitted, and was after
wards surnamed the unbastinadoed. On the same

occasion the commons deprived the senate of the

power of death, imprisonment, and fine, and passed a
law that if anyone should be sentenced or fined by
72 ARISTOTLE'S CONSTITUTION OF ATHENS

the senate, the sentence or fine should be brought

by the Thesmothetai before the Heliaia, and the
judgment of the jurors of that court should be final.
Thė judgment upon the administration of most
magistrates, particularly of those who handle money,
appertains to the senate, but is not final, being sub
ject to appeal to the Heliaia or high court of the
commons. Any magistrate may be impeached before
the senate by a private person for violating the law ,
but can appeal to the popular. court if condemned by
the senate. The scrutiny of the qualifications of the
senators for the following year and of the nine
archons also belongs to the senate. In former times
its finding of disqualification was final, but now there
is an appeal to the people in the Heliaia . Here, then,
the senate has only subordinate authority. It has to
pass a previous vote on all motions to be brought
before the commons ; and without a previous vote
of the senate and introduction into the program
by the Prutaneis no motion can be put to the
vote of the commons,' and neglect of either of
these requirements renders an orator who carries
his motion liable to an indictment for violating the
constitution.
46. The senate has the supervision of triremes
and naval stores and dockyards; and builds new
1 But see chapter 43.
ARISTOTLES CONSTITUTION OF ATHENS 73

ships, either triremes or quadriremes, as the

commons may vote, and provides new stores and -
dockyards. The choice of naval architects is a
business of the commons and made by open voting.
If the senate fail to deliver the ships duly finished
to their successors they forfeit the donation of a
golden crown, which is not received till their
successors are in office. They provide for the
construction of new triremes by appointing ten
ship-builders from the general body of Athenians.
The senate is inspector of all public edifices, and if
it discovers any offence denounces the offender to
the ecclesia, and on a provisional finding of his guilt
brings him before the popular court.
47. The senate is associated with most of the
functions of other magistrates. There are the ten G

treasurers of Athene appointed by lot, one from

each tribe, to be taken exclusively from the Penta
cosiomedimnoi by Solon's law which is still in force,
but the office is really held by anyone on whom the
lot falls, though he may be ever so poor. They
1 This omission to mention quinquiremes proves, as Mr.
Cecil Torr has pointed out, that the treatise before us
was published before 325 B.C., when quinquiremes began to be
built. Mr. Kenyon had observed that the mention of Kephiso
phon as archon eponumos in chapter 54 shows that it was
written after the year 329–328 B.C. Aristotle died in the year
322 B.C.
74 ARISTOTLE'S CONSTITUTION OF ATHENS

assume the custody of the statue of the goddess, the

Victories, the other works of art, and the treasures
in the presence of the senate.
Then there are the ten sale commissioners, ap
pointed by lot, one from each tribe, who lease all the
undertakings that are to be leased, and sell the right
to work the mines. They ratify in the presence of
the senate, conjointly with the treasurers of the
military chest and the commissioners of the theatric
fund, the grant of the right to collect the taxes to
the persons whose tenders are accepted by the senate,
and the leases of mines for a term of three years,
and the licences to for three years ; and
sell the estates of criminals banished by the Areo
pagus, and the property of state debtors, in the
presence of the senate and with the ratification of
the nine archons. They register on gypsumed
tablets the taxes that are sold for a year, with the
name of the purchaser and the price to be paid, and
deliver the tablets to the senate. They register on
ten different tablets the payments to be made in
each prutany, and on other tablets the payments to
be made at the end of the year, each instalment on
its own tablet, and on other tablets the payments to
be made in the ninth prutany. They also record
the lands and houses condemned and sold by direc
tion of the Heliaia and themselves conduct the sale.
ARISTOTLE'S CONSTITUTION OF ATHENS 75

The prices of houses are to be paid in five years,

those of land in ten, and the payments are made in
the ninth prutany. The king-archon delivers to the
senate, recorded on gypsum tablets,the leases which
he has granted of the sacred groves. These leases
are for terms of ten years, and these payments also
are made in the ninth prutany, so that most revenue
reaches the treasury at this period. The tablets
specifying the payments that are due are deposited
in the senate house in the custody of the public
slave, and when a money payment is made he hands
to the receivers for cancellation only the very coupon
payable on the day, and keeps the others back, so
that they cannot be cancelled before they are paid.
48. There are ten receivers appointed by lot, one
from each tribe. They take the tablets in the senate
house in the presence of the senate , cancel the sums
that are paid, and restore the tablets to the public
slave. They record any default in payment and its
cause, and payment is enforced on penalty of in
prisonment, power to enforce payment by imprison
ment being given by law to the senate. On a
certain day the receivers receive the money and
distribute it to the magistrates : on the following day
they bring in a tablet on which the distribution is re
corded and deposit it in the senate house. The senate
receive any accusation of fraud against magistrates
76 ARISTOTLE'S CONSTITUTION OF ATHENS

or private persons in connection with the distribution,

and vote in condemnation or acquittal.
They also appoint by lot out of their own
body ten accountants to take the accounts of the
magistrates in every prutany, and ten auditors, one
from each tribe, with two assessors to each. The
auditors must sit in the markets at the statue of
the Eponumos hero of each tribe, and whoever
wishes within three days from the time when any
magistrate has rendered his accounts in the Heliaia
to require a further account on his own prosecution,
writes his own name on a whited tablet, that of the
accused, the offence he charges, and the penalty he
claims, and delivers the tablet to the auditor. The
auditor, if on hearing the statement of the facts he
is of opinion that the charge is well founded , when
the suit is civil, delivers it to the local judges who
introduce the suits of the tribe ; when it is criminal,
delivers a record to the Thesmothetai . If the
Thesmothetai receive it, they bring the accounts
of the accused again before the Heliaia, and the
judgment of the Heliaia is final.
49. The inspection of cavalry horses is a work of
the senate. If a cavalry soldier with an allowance
for his horse's keep starves his horse he is mulcted
of the allowance. A horse that cannot gallop or
cannot stand still is branded with a circle on the
ARISTOTLE'S CONSTITUTION OF ATHENS 77

jaw as disqualified. They review the guides and

reject incompetent horsemen . They inspect the
foot soldiers intended to move with cavalry and
reject the unserviceable. The cavalry are levied by
ten recruiters elected by the ecclesia. These deliver
the recruits to the hipparchs and phularchs, who
take them before the senáte. There they open
sealed tablets which contain the names of the
cavalry, cancel the names of those already on the
list, who declare on oath that they are disabled by
bodily infirmity from serving ; summon the new
levies, and dismiss those who declare on oath that
they are disabled from serving by bodily infirmity or
want of means. The senate then pronounce on the
fitness or unfitness for service of those who do not
swear to their incapacity ; and those whom they
pronounce to be fit are enrolled, those whom they
pronounce unfit are dismissed .
The selection of the architectural plans to be 9
adopted for public buildings and of the maidens
who are to weave the sacred Peplos to be carried
in the Panathenaic procession , used to belong to
the senate, but now is the duty of a chamber
of jurors determined by lot , as the senators
were believed to be guilty of favouritism . The
sculpture of the victories and fabrication of the
prizes to be assigned at the Panathenaic contests
78 ARISTOTLE'S CONSTITUTION OF ATHENS

are under the joint management of the senate and

the treasurers of the military chest.
The examination of the claims of cripples belongs
to the senate, for a law directs that all who have
less than three minas of revenue and are crippled
and disabled from maintaining themselves by any
occupation shall be examined by the senate , and
allowed two obols a day from the public funds; and
a paymaster for this purpose is appointed by lot.
The senate is also associated in most functions of
other magistrates : such, then, is an enumeration
of their principal duties.
50. Sortition is also the mode of appointing ten
repairers of sacred edifices, who receive thirty
minas apiece from the receivers to be spent on
the sacred buildings that stand most in need of
repair : and ten city -wardens, five for the Peiraieus,
five for the metropolis, who supervise female per
formers on the flute or harp or lyre, and see that
they do not charge more than two drachmas for an
engagement, and , when several persons want to
engage the same performer, decide by casting lots
which is to have the preference.
It is also their duty to hinder scavengers from
discharging sewage near the city wall, and to pre
vent people from building on public ways or putting
fences across a road, or pouring water through open
ARISTOTLES CONSTITUTION OF ATHENS 79

ditches into the highway, or constructing windows

to open on the public streets : and they provide
for the interment of the destitute who die within the
precincts of the metropolis, for which purpose they
have the assistance of subordinates paid by the
public .
51. Sortition is the mode of appointing ten
market overseers, five for Peiraieus, five for the
metropolis, who are directed by law to supervise all
commodities offered for sale, and see that they are
pure and unadulterated .
Sortition appoints ten inspectors of measures, five
for the city, five for Peiraieus, to supervise all mea
sures and weights, and see that those used by
vendors agree with the standards.
Ten corn -wardens used to be appointed by lot,
five for Peiraieus, five for the city ; now there are
twenty for the city, fifteen for Peiraieus; whose
functions are to see, firstly, that the unground corn
is offered for sale in the market without fraud ;
secondly, that the price asked by millers for barley
meal corresponds to the price of barley, and that
the price asked for bread by bakers corresponds to
1 The demarch had to see that everyone who died in a deme
was duly buried, Demosthenes, Macartatos, $ 58. The astu
nomoi seem to have had the same functions in Athens and
Peiraieus. Perhaps the text requires emendation.
80 ARISTOTLE'S CONSTITUTION OF ATHENS

the price of wheat ; and that loaves have the

weight which they have prescribed, for the law
directs the weight of loaves to be fixed by the
corn -wardens.
Ten mart-commissioners are appointed by lot to
supervise the mart or emporium, and compel the
importers of corn to convey two-thirds of all that
reaches the corn -exchange to the market of the
metropolis.
52. The appointment of the eleven gaol-com
missioners is by lot. Their duties are to have
charge of the prisoners ; to put to death all
thieves, kidnappers, and highway robbers brought
before them for summary process if they confess ;
to bring them before the Heliaia if they plead not
guilty ; 1 discharge them if they are acquitted, put
them to death if they are convicted. They bring
before the Heliaia claims in the name of the state
of lands or houses in the possession of private
persons, and if they are pronounced by the jurors
1 A writer in the Saturday Review of March, and in the
Quarterly Review of April, suggests that the alternatives are
not confession and a plea of not guilty, but the unanimity and
disagreement of the judges. This, however, is inconsistent
with Lysias adversus Andocidem , § 14, and Æschines in
Timarchum , $ 91 ; where nearly the same expressions are used ,
and the contrast is clearly between the pleas of guilty and not
guilty.
ARISTOTLE'S CONSTITUTION OF ATHENS 81

to be confiscated, deliver them to the sale -com

missioners. They also bring informations before
the Heliaia, for this is a function which they share
with the Thesmothetai.
Sortition is the mode of appointing five intro
ducers , one for every two tribes, who introduce
monthly suits to the court ; suits, that is to say,
that must be decided within a month from their
commencement. Monthly suits are brought to
recover a marriage portion if the husband refuse to
restore it, or interest of a drachma per mina per
month (12 per cent. per annum) , or relate to a
market business carried on with borrowed stock, or
to merchandise, or to friendly societies, or club sub
scriptions, or to disputes arising out of partnership,
or to slaves, or to beasts of burden, or to trier
archies, or to dealings with bankers. The intro
ducers are either final judges in these cases Or
introduce them as monthly suits to the Heliaia.
Suits by or against farmers of the taxes are dealt
with by the receivers, who are final judges up to
the value of ten drachmas, and above that value
introduce them to the Heliaia with the condition
that judgment is rendered in a month.
53. Sortition is the mode of appointing forty
municipal judges, four from each tribe, who give
leave to enter private suits for trial in the order
G
-
--
82 ARISTOTLE'S CONSTITUTION OF ATHENS

decided by lot. Originally (ch. 16) they were

thirty, and went on circuits through the muni
cipalities to try their suits ; but after the oligarchy
of the Thirty their number was raised to forty. Up
to the value of ten drachmas they are final judges ;
when more than this value is at stake they hand
over the case to the arbitrators. They take it in
hand and, if they cannot reconcile the disputants,
deliver judgment ; and if both parties agree to abide
by their decision , there is an end of the suit ; but if
either party appeals to the Heliaia, the arbitrator
casts the depositions, citations, and laws appealed to
by plaintiff and defendant into two caskets, which he
seals up, appending a record of the decision of the
arbitrator, and delivers to those [ four of the forty
municipal] magistrates who judge in the suits of the
defendant's tribe. They receive the caskets, bring
them into the Heliaia ; if the value in dispute is less
than 1000 drachmas, before 201 jurors ; if above
1000, before 401. No law, deposition, nor citation
may be produced at the trial unless produced
before the arbitrator and deposited in the caskets.
Arbitrators must be sixty years old, and their age
is ascertained by the archon eponumos and age
eponumos 1 under whom they are inscribed on the
1 It appears from the text, which is the only account we
have of them , that the age eponumoi were a cycle of forty -two
ARISTOTLE'S CONSTITUTION OF ATHENS 83 .

civic list. For in addition to ten eponumous heroes

of the tribes there are forty- two age eponumoi .
The names of the cadets when enrolled among the
citizens used to be inscribed on gypsum tablets,
and above their names were inscribed the archon
eponumos of the current year and the age eponumos
of those who acted as arbitrators in the preceding year.
Now they are inscribed on a brazen pillar, which
stands before the senate house near the statues of
the tribe eponumoi. The names of the citizens who,
forty -two years previously, when they were eighteen
years old, were inscribed under that of the age
eponumos who marks the now current year (who
consequently are now in their sixtieth year), are
ascertained by the forty municipal judges, who there

mythical heroes, who corresponded to forty -two years in the

calendar, and denoted forty -two years of an individual's life,
i.e. those from his eighteenth to his sixtieth inclusive. A
citizen owed forty - one years of military service to his country,
i.e. those from his nineteenth to his fifty-ninth inclusive. In
his sixtieth year he was liable to perform the public service
of acting as arbitrator. This year was connected in the
calendar with the nameof the age eponumos who had been
associated with his name when he was enrolled as a youth on
the civic list. It seems, then, that the name of the age eponumos
of the year preceding the year of enrolment was superscribed
over his name when it was entered on the civic roll. Perhaps
some likelier explanation may be forthcoming. The English
given is rather a paraphrase than a translation of the text.
G 2
84 ARISTOTLE'S CONSTITUTION OF ATHENS

upon distribute among them by lot the cases for

arbitration, and everyone of them must arbitrate
the cases so assigned. For the law visits whoever
fails to arbitrate when he is of proper age with the
penalty of infamy, unless he happen to hold some
other office during that year or to be out of the
country, for then he is excused from acting as
arbitrator. Impeachment before the board of arbi
trators is the remedy for a wrong inflicted by a
single arbitrator ; 1 and if he is convicted he is
infamous, but he may appeal to the Heliaia.
The names of the age eponumoi are also used
for describing those who are called out for any
military service ; for when soldiers of a certain age
are sent on an expedition, the inferior and superior
limits of the age on which the service is imposed are
defined by the names of the archontes eponumoi
and age eponumoi.
54. Sortition is also the mode of appointing the
following officials : five road makers, whose duty is,
with the help of workmen provided by the state, to
keep the roads in repair ; ten accountants and ten
advocates, to whom those who have held office must
deliver their accounts ; for they alone examine them
and introduce the audit to the Heliaia. If they
give convincing evidence of theft, the jurors find the
1 The reading and the meaning are doubtful.
ARISTOTLE'S CONSTITUTION OF ATHENS 85

official guilty of theft, and he has to pay ten times

the amount he has stolen ; if they give evidence of
bribery and the jurors convict, they estimate the
bribe and the official has to pay ten times the
amount; if they convict of injustice, they assess the
damage caused by the injustice, and the official has
to pay the single amount, if he pays before the ninth
prutany, otherwise the amount is doubled ; the
tenfold penalty is never doubled .
Sortition is the mode of appointing the secretary
of the prutany, who is custodian of documents and
decrees and records of all proceedings, and sits with
the senate , In former times he was elected by
vote, and only the most distinguished and trust
worthy persons were appointed ; for the name of
this officer is inscribed on the pillars recording
alliances and the formation of ties of hospitality
and grants of citizenship , but now he is appointed
by lot. 1

Sortition is also the mode of appointing a secretary

for laws, who sits with the senate and makes copies
of all laws.
Election by vote of the commons is the mode of
appointing a secretary who reads to the commons
and senate, and has no function but reading.
Sortition appoints ten sacrificers called occasional,
who perform the atonements commanded by oracles,
86 ARISTOTLE'S CONSTITUTION OF ATHENS

and, when favourable omens are required , are asso

ciated with the prophets in taking omens.
Sortition appoints another board of ten sacrificers
called annual, who superintend certain sacrifices and
all quinquennial festivals except the Panathenaia .
The quinquennial festivals are the mission to Delos
(another Delian festival held in Athens is septennial),
the festival of Artemis at Brauron , the Herakleia,
and the Panathenaic procession to Eleusis ; no two
of which can be held in the same year . in the
archonship of Kephisophon (329–328 B.C.).
Sortition is the mode of appointing a governor of
Salamis and a demarch for Peiraieus, who superintend
the Dionusian festival at those places, and appoint
choragoi to bear the expense of the choirs. In
Salamis the name of the governor is recorded on a
pillar.
55. Such is the list of magistracies appointed
by lot, and such the functions they have to dis
charge. The original mode of appointing the nine
archons has already been described ? (chs. 3, 8, 22,
26). At the present day the six Thesmothetai,
with their secretary, the archon, king, and polem
1 Mr. Kenyon has pointed out that the treatise before us,
as it names this eponumos, cannot have been written before
329 B.C.

2 Six modes, as Mr. Kenyon has observed, of appointing the

archons may be traced in this treatise, which deserve recapitu
ARISTOTLE'S CONSTITUTION OF ATHENS 87

arch are appointed by lot, being taken from each

tribe in rotation . Their qualifications are first
scrutinised in the senate of 500, except that of the
secretary, whose qualification is only examined in
the Heliaia like those of other officials. For,
whether appointed by sortition or by election , the
qualifications of all officials must be judicially tested
before they enter on their office ; but the nine
archons have their qualifications examined by the
senate before they are determined by the jurors ;
and in former days the candidate whose title was
rejected by the senate was incapable of holding the
office ; now he can appeal to the Heliasts, whose
decision on his qualification is alone final. When
they examine aa candidate the president first
inquires : Who was your father ? 1
What was his

lation, as they present in miniature a picture of the evolution

of Athenian democracy .
1. Before Drakon, nomination by the Areopagus.
2. Under the laws of Drakon, election by the commons.
3. Under the laws of Solon, sortition from forty elected by
the tribes.
4. Under the laws of Kleisthenes, election by the commons.
5. After 487 B.C. , sortition from 500 elected by the tribes.
6. Later, sortition from a number taken by sortition .
The first five modes were subject to a property qualification.
1 Regarded from the side of the birth qualification or here
ditary principle ; in view not only of the slaves, who formed
three- fourths of the whole population , but also of the domiciled
88 ARISTOTLE'S CONSTITUTION OF ATHENS

deme ? Who was your father's father ? Who was

your mother ? Who was your mother's father ?
What was his deme ? He next asks whether the
candidate has an Apollo Patroos or ancestral Apollo,
and a Zeus Herkeios or household Zeus, and where
their temples are. Thirdly, whether he has any
family tombs, and where they are . Fourthly,
whether he treats his parents with due reverence,
whether he has paid all his taxes, and whether he
has duly served all his military service. Having
asked all these questions the president says : Call
witnesses to prove your assertions ; and after he has
produced his witnesses, the president asks : Does
anyone desire to accuse this candidate ? If an
accuser appears, the president grants permission to
accuse and reply before he takes the show of hands
in the senate or the vote by ballot in the courts of
law ; if no one intends to accuse he immediately
takes the vote, and in former times only one person
cast his vote ; but now all are required to exercise
their vote, in order that if a disqualified candidate
has contrived to silence all accusation, the jurors
may still have an opportunity of rejecting his

foreigners, who formed - one third of the free residents ; the

constitution of Athens, it has often been observed, presents the
features of a very narrow aristocracy or oligarchy rather than
a democracy.
ARISTOTLE'S CONSTITUTION OF ATHENS 89

claims. Having successfully passed their scrutiny,

the candidates for office ascend the stone altar
where the victims are sacrificed in the market-place
near the king's colonnade, where the arbitrators
take an oath before delivering their award, and
witnesses are sworn before giving evidence. Ascend
ing this they swear to administer justly and in
accordance with the laws, to receive no bribe to
influence their conduct, and, if they take a bribe, to
consecrate to the gods a golden statue of their own
stature. After thus swearing at this altar they take
the same oath at the Acropolis and then enter upon
their functions.

56. The archon , the king, and the polemarch

each choose two assessors at their discretion, whose
qualifications, however, must be examined in the
Heliaia before they begin their functions, and who
have to render an account of their office when it
terminates.
On assuming office the archon makes a proclama
tion that every citizen shall continue in the pos
session and exercise of all the rights that he
possessed before the archonship began until the
archonship comes to an end. Next he nominates
three choragoi for tragedians, choosing the wealthiest
from the general body of citizens. In former times
he used also to nominate five choragoi for comedians,
90 ARISTOTLE'S CONSTITUTION OF ATHENS

who are now appointed by the tribes. Then he

convokes the choragoi nominated by the tribes for
the dithurambic choruses of men and boys at the
Dionusiac festival, or for the comedians, or for the
dithurambic choruses of men and boys at the
Thargelia, i.c. the festival of Apollo and Artemis in
the month of May (at the Dionusiac festival there
is one choragos appointed for each tribe, at the
Thargelia one for two tribes, provided by each tribe
in turn ) ; he superintends their challenges to other
citizens to exchange estates or undertake the burden,
and introduces to the court of Heliaia their claims of
exemption, if any of the nominated choragoi alleges
that he has already performed this duty, or has an
unexpired term of exemption on other grounds, or is
disqualified by age as not being forty years old.
For the choragos of a boys' chorus must have passed
his fortieth year. He further appoints choragoi for
the sacred mission to Delos, and nominates the chief
of the mission who accompanies the band of youths
on the thirty - oar which takes them to Delos. He
superintends the procession to the temple of
Asklepios when it is frequented by the initiated, and
the procession of the urban or greater Dionusia in
March . Herein he is associated with ten curators,
who used to be elected by the commons, and to
defray the expenses of the procession out of their
ARISTOTLE'S CONSTITUTION OF ATHENS 91

own pockets ; but now are appointed by lot, one from

each tribe, and receive one hundred minas for ex
penditure on the apparatus. He also superintends
the procession of the Thargelia or festival of Apollo
and Artemis in May, and the procession of Zeus
the saviour, and presides over the contests at the
Dionusia and Thargelia. So much for the festivals
that he superintends. He grants permission to
institute, conducts through the preliminaryl in
vestigation, and introduces into the Heliaia criminal
and civil suits on the following causes of action :
Ill-treatment of parents (in this suit the prosecutor
incurs no penalty) ; ill -treatment of orphans (this is
brought against guardians ); ill -treatment of an
heiress (this lies against her guardians and the
members of the household) ; malaclministration of
the property of an orphan (this lies against his
guardians) ; lunacy (this is maintained when a man
is charged with being out of his mind and bringing
his estate to ruin ); dissolution of community of
goods (when a plaintiff desires to discontinue the
1 It is certain that originally the magistrates were final
judges ; but when they had no judicial qualifications, being
appointed by lot, and were liable to impeachment for their
decisions, they doubtless were rery willing to have their
judicial functions transferred to the jurors of the Heliaia, who,
being appointed by lot, were equally incompetent, but were not
liable to appeal or impeachment. See ch. 3.
92 ARISTOTLE'S CONSTITUTION OF ATHENS

joint enjoyment of property) ; appointment of

guardians, preference for office of guardian ( this
lies when several persons claim guardianship of the
same heiress) ; 1 rival titles to inheritance, rival
titles to the hand in marriage of an heiress. The
archon is charged with the care of orphans, heiresses,
and widows, who at the time of their husband's
death profess to be with child, and can either fine
or bring before the Heliaia those who do them wrong.
He leases the houses and lands of orphans and
heiresses ... and if a guardian neglect the sustenta
tion of an orphan or heiress, he himself collects their
revenue. So much for the duties of the archon .
57. The king-archon superintends the greater and
lesser Eleusinian Mysteries of Demeter in September
and February with the co-operation of four curators,
who are elected by the commons, two from the
general body of Athenians, one from the Eleusinian
Eumolpidai, one from the Eleusinian Kerukes. At
the Lenaia or Dionusian festival of the winepress in
January, the procession is conducted by the king and
curators, the competitions are presided over solely by
the king. All the torch-bearing races and almost
all the hereditary sacrifices are under his manage
ment .

1
Or perhaps : competition for a guardian (this lies when
several minors claim the services of the same guardian ).
ARISTOTLE'S CONSTITUTION OF ATHENS 93

The suits which he gives permission to bring are

impeachments for sacrilege, claims of succession to
a priesthood, rival claims of clans or priests respect
ing sacred places in these he is final judge), and
indictments of homicide. He it is who issues the
proclamation excommunicating the homicide. Homi
cide with malice aforethought is tried in the court of
the Areopagus, including homicide by wounding, by
administering poison, by fire : these are the only
indictments tried by the court of Areopagus. In
voluntary homicide, attempts to commit homicide,
and homicide of a slave or foreigner, domiciled or
undomiciled, are tried in the court at the Palladion.
Homicide avowed and alleged to be lawful, as of a
surprised adulterer, or in war of a friend mistaken
for an enemy, or of an antagonist in an athletic con
test, is tried in the court at the Delphinion or shrine
of the Delphic Apollo. If an exile for an involuntary
homicide has not yet obtained permission from the
relatives of the deceased to return, and is charged
with another homicide or wounding, he is tried by
the court at Phreatto. He pleads from the deck of
a vessel brought to land before judges appointed by
lot, unless it is a case for the Areopagus. The king
is the introducer of indictments to the court of
Areopagus, who sit by night and in the open air,
and when he takes his place among them , he lays
94 ARISTOTLE'S CONSTITUTION OF ATHENS

aside his crown . The accused at all other times is

excluded from temples and may not even set foot in

the market -place ; but when on his trial enters the
temple to make his defence. If the name of the
homicide is unknown, the indictment is prosecuted
in general terms against the unknown author. The
king-archon and the tribal kings hear indictments of
lifeless objects and of the brute creation.
58. The polemarch supervises sacrifices to Artemis
the Huntress and to Enualios, manages the funeral
games for those who fall in war, and sacrifices to the
manes of Harmodios and Aristogeiton .
The private suits which he gives permission to
bring are those to which the parties are domiciled
foreigners, privileged foreigners, or foreign consuls.
These he takes and divides into ten batches which
he assigns by lot to the ten tribes, and the municipal
judges of the tribes hand them over to the arbi
trators. He himself introduces into the Heliaia
suits against freedmen for neglecting their duty
to their manumitters, against domiciled foreigners
for having no patron, and suits of such persons re
lating to succession or heiresses ; and whatever
else the archon manages for citizens the polemarch
manages for aliens.
59. The Thesmothetai have authority to make a
program of the sessions of the law courts, and deliver
ARISTOTLE'S CONSTITUTION OF ATHENS 95

it to the magistrates who take it for their guidance.

They introduce into the ecclesia impeachments and
censures of magistrates and preliminary informa
tions. They bring before the Heliaia indictments of
the authors of unconstitutional laws or laws adverse
to democracy, suits relating to a Proedros or a
president of the Proedroi, and audits of the accounts
rendered by military commanders. They hear in
dictments for which a deposita is required, such as
indictments of alien status, of bribery by an alien
who wishes to suppress the evidence of his status, of
sycophancy, of bribery, of false registration, of false
summons, of wrongful enrolment among debtors to
the state, of non -registration of a debt to the state,
and of adultery. They introduce into the Heliaia
trials of the qualification of magistrates, appeals of
candidates for inscription on the civic roll against
the decision of the demes, and appeals from con
demnation by the senate. They also introduce
private suits relating to commerce or to mines, and
indictments of slaves who slander freemen. They

1 Demosthenes in Timocratem, $ 33.

2 The money to be deposited by the parties to a civil suit
was called prutaneion ; by the parties to a criminal suit or
indictment, parastasis ; by the parties to diadikasia, or rival
claims to the same property, parakatabole ; by the parties to
an appeal, parabolon. F. Hermann, § 140.
96 ARISTOTLE'S CONSTITUTION OF ATHENS

distribute by lot among the magistrates the chambers

of civil and criminal judicature. They ratify conven
tions with foreign states on the procedure to be
observed in litigation with foreigners,and introduce
suits founded on such conventions, and indictments
of perjury sent down from the Areopagus. The nine
archons and their secretary join in appointing the
jurors of the Heliaia, each of them casting the lots
for his own tribe. So much for the duties of the
archons.
60. Sortition appoints ten judges of competitions,
one from each tribe, who, after a satisfactory
scrutiny of their qualifications, hold office for four
years ; and at the Panathenaic festivals in August
superintend the sacred procession, the musical com
petitions, the gymnastic contests and the horse
races ; and in conjunction with the senate supervise
the weaving of the sacred Peplos; and the fabrica
tion of the pitchers, and distribute to the victorious
athletes the oil from the sacred olives. The archon
levies on the owners of the soil where the olives
grow three- quarters of a pint from the produce of
each stem. In former times the state was owner
and sold the olives that were not required : and
whoever dug up or broke down a sacred olive tree
was tried by the council of Areopagus and, if con
victed, was sentenced to death : but, now that the
ARISTOTLE'S CONSTITUTION OF ATHENS 97

oil is paid as rent by the owners of the soil, the

law remains on the statute pillar but the trial is
abolished. The olives that belong to the state are
those that grow on the younger shoots, not those
that grow on the stem. The archon after collecting
the produce of his year delivers it to the treasurers
of Athena to be stored in the Acropolis, and cannot
take his seat in the council of Areopagus at the
end of his year of office until he has made a
complete delivery of the oil. The treasurers keep
it in the Acropolis, and at the Panathenaic festival
measure it out to the Athlothetai or presidents,
who distribute it in prizes to the competitors. The
prizes given to the victors in musical contests are
articles of silver and gold, in choric competitions
respecting physical qualities they consist of shields ,
in athletic contests and horse-races of oil from the
sacred olives.
61. Election by open voting is the mode of
appointing to all military commands. Ten strategoi
were formerly appointed, one from each tribe, but
now from the general body of Athenians, and as
signed by election to special duties : one to the
hoplites, who commands them on any expedition ;
one to the defence of the country, who commands
1 Aristotle, Sophistici Elenchi, § 1. Note 3 by the trans
lator.
H
98 ARISTOTLE'S CONSTITUTION OF ATHENS

in case of invasion ; two to the Peiraieus, that is to

say, one to Mounuchia and one to Akte, who com
mand the Peiraieus and Chele, or south harbour ;
and a fifth to the Summoriai, who makes a list
of the trierarchs, manages their challenges to
exchange estates with others alleged to be more
liable to the burden of serving as trierarch, and
introduces their suits into the Heliaia. The re
maining four are employed on any service which
the affairs of the country may demand. The
commons vote on their conduct in every prutany,
and if the vote is adverse, the censured general
istried in the Heliaia,and if found guilty,is fined
and punished ; if acquitted, retains his office. They
have power in active service to put under arrest,
to proclaim for misbehaviour, and to inflict a fine.
A fine is unusual.

Election is the mode of appointing ten taxiarchs or

infantry officers, one for each tribe, who command the
infantry of the tribe, and appoint sectional officers.
Election is the mode of appointing two hipparchs
from the general body of citizens, each of whom
commands the cavalry of five tribes, over whom
they have the same powers as the generals over
the infantry, and who, like the generals, are subject
to votes of censure.
Election is the mode of appointing ten phularchs,
ARISTOTLE'S CONSTITUTION OF ATHENS 99

one for each tribe, who command the tribal cavalry

as the taxiarchs the tribal infantry. Election ap
points the hipparch to Lemnos, who commands the
Lemnian cavalry ; and a treasurer for the two sacred
ships called Paralos and Ammonias.1
62. Of the magistracies appointed by lot in
former times only the nine archons were appointed
from the whole tribe : all those for which lots are
now cast in the Theseion were appointed from
the demes ; but as the demes were found to be
venal, they are now appointed by lot out of the
whole body of the tribe, except senators and dock
yard guards, who are still appointed from the
demes.
The salary of the ecclesiasts or commons is a
drachma (98d.) per day at the ordinary sessions, a
drachma and a half at the stated sessions. Jurors
receive three obols or half a drachma a day ;
senators five obols. The Prutaneis have an addi
tional obol for their board, the nine Proedroi and
chairman have two. The nine archons have four
obols apiece for their board, and are supplied with
1 The mention of this ship in the place of the Saluminia indi
cates that the composition of this treatise was later than the
overthrow of Thebes by Alexander. The non-mention of the
Demetrias and Antigonis, afterwards employed on services
similar to those of the Paralos and Salaminia, furnishes a
chronological limit in the other direction.
190 ARISTOTLE'S CONSTITUTION OF ATHENS

a herald and flute-player. The archon of Salamis

has a drachma per day. The Athlothetai dine in
the Prutaneion in the month of Hecatombaion
(July-August) once in four years when the greater
Panathenaia are held, beginning on the fourth day.
The Amphictyons who are sent to Delos have a
drachma per day from the revenue of Delos.
Governors sent to Samos, Skuros, Lemnos, or
Imbros, receive an allowance for their board. A
military command may be held more than once,
civil magistracies only once, except the office of
senator, which may be held twice.
63. Jurors are appointed by lot from each tribe
by nine archons and their secretary. There are
ten entrances to the courts, one for each tribe ;
and twenty balloting places, two for each tribe ;
and one hundred boxes , ten for each tribe ; and ten
other boxes , one for each group or chamber, into
which are cast the tablets of the jurors on whom
the lot falls ; and two urns ; and as many coloured
staves are placed at each entrance as there are
jurors ; and as many acorns are cast into one of
the urns as there are staves , each inscribed with a
different letter, L, M, N, &c., of which there are as
many as there are courts to be filled on a given day.
All citizens are qualified to be jurors who are
over thirty years of age and neither debtors to
ARISTOTLE'S CONSTITUTION OF ATHENS 101

the state nor disfranchised. Whoever acts as juror

without being qualified is brought by informa
tion before the Heliaia, and, if convicted, is sen
tenced to such imprisonment or fine as the court .
may think proper. If sentenced to pay a fine
he is imprisoned until he pay the debt to the
state for which he was impeached as well as the
fine imposed by the court .
Every juror has a tablet of boxwood inscribed with
his own name, his father's, and that of his deme,
and gets by lot one of the letters of the alphabet
from A to K. For each letter of the first part of
the alphabet, or group thereby distinguished ,consists
of ten, approximately equal, sections, one being
taken from each of the tribes ; 1 and as soon as
the Thesmothetes has determined by lot the group
that is to sit in each chamber, his attendant hangs
the letter denoting the group on the door of the
allocated chamber.?
1 Or ; for the jurors of each tribe are divided into ten approxi
mately equal sections, which are distributed to each of the
groups denoted by the first ten letters of the alphabet.
2 The next chapters contained an explanation of the employ
ment of the boxes, urns, letters, &c., and of the procedure in
the Heliaia, and would doubtless have been very interesting ;
but, unfortunately , from the state of the papyrus they are
illegible.
THE END

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