The Athenian Constitution
lot, five for Piraeus, and five for the city; but now there are twenty
for the city and fifteen for Piraeus. Their duties are, first, to see
that the unprepared corn in the market is offered for sale at
reasonable prices, and secondly, to see that the millers sell barley
meal at a price proportionate to that of barley, and that the bakers
sell their loaves at a price proportionate to that of wheat, and of
such weight as the Commissioners may appoint; for the law requires them
to fix the standard weight.
There are ten Superintendents of the Mart, elected by lot, whose duty
is to superintend the Mart, and to compel merchants to bring up into
the city two-thirds of the corn which is brought by sea to the Corn
Mart.
Part 52
The Eleven also are appointed by lot to take care of the prisoners in
the state gaol. Thieves, kidnappers, and pickpockets are brought to
them, and if they plead guilty they are executed, but if they deny the
charge the Eleven bring the case before the law-courts; if the
prisoners are acquitted, they release them, but if not, they then
execute them. They also bring up before the law-courts the list of
farms and houses claimed as state-property; and if it is decided that
they are so, they deliver them to the Commissioners for Public
Contracts. The Eleven also bring up informations laid against
magistrates alleged to be disqualified; this function comes within
their province, but some such cases are brought up by the Thesmothetae.
There are also five Introducers of Cases (Eisagogeis), elected by lot,
one for each pair of tribes, who bring up the 'monthly' cases to the
law-courts. 'Monthly' cases are these: refusal to pay up a dowry where
a party is bound to do so, refusal to pay interest on money borrowed at
12 per cent., or where a man desirous of setting up business in the
market has borrowed from another man capital to start with; also cases
of slander, cases arising out of friendly loans or partnerships, and
cases concerned with slaves, cattle, and the office of trierarch, or
with banks. These are brought up as 'monthly' cases and are introduced
by these officers; but the Receivers-General perform the same function
in cases for or against the farmers of taxes. Those in which the sum
concerned is not more than ten drachmas they can decide summarily, but
all above that amount they bring into the law-courts as 'monthly' cases.
Part 53
The Forty are also elected by lot, four from each tribe, before whom
suitors bring all other cases. Formerly they were thirty in number, and
they went on circuit through the demes to hear causes; but after the
oligarchy of the Thirty they were increased to forty. They have full
powers to decide cases in which the amount at issue does not exceed ten
drachmas, but anything beyond that value they hand over to the
Arbitrators. The Arbitrators take up the case, and, if they cannot
bring the parties to an agreement, they give a decision. If their
decision satisfies both parties, and they abide by it, the case is at
an end; but if either of the parties appeals to the law-courts, the
Arbitrators enclose the evidence, the pleadings, and the laws quoted in
the case in two urns, those of the plaintiff in the one, and those of
the defendant in the other. These they seal up and, having attached to
them the decision of the arbitrator, written out on a tablet, place
them in the custody of the four justices whose function it is to
introduce cases on behalf of the tribe of the defendant. These officers
take them and bring up the case before the law-court, to a jury of two
hundred and one members in cases up to the value of a thousand
drachmas, or to one of four hundred and one in cases above that value.
No laws or pleadings or evidence may be used except those which were
adduced before the Arbitrator, and have been enclosed in the urns.
The Arbitrators are persons in the sixtieth year of their age; this
appears from the schedule of the Archons and the Eponymi. There are two
classes of Eponymi, the ten who give their names to the tribes, and the
forty-two of the years of service. The youths, on being enrolled among
the citizens, were formerly registered upon whitened tablets, and the
names were appended of the Archon in whose year they were enrolled, and
of the Eponymus who had been in course in the preceding year; at the
present day they are written on a bronze pillar, which stands in front
of the Council-chamber, near the Eponymi of the tribes. Then the Forty
take the last of the Eponymi of the years of service, and assign the
arbitrations to the persons belonging to that year, casting lots to
determine which arbitrations each shall undertake; and every one is
compelled to carry through the arbitrations which the lot assigns to
him. The law enacts that any one who does not serve as Arbitrator when
he has arrived at the necessary age shall lose his civil rights, unless
he happens to be holding some other office during that year, or to be
out of the country. These are the only persons who escape the duty. Any
one who suffers injustice at the hands of the Arbitrator may appeal to
the whole board of Arbitrators, and if they find the magistrate guilty,
the law enacts that he shall lose his civil rights. The persons thus
condemned have, however, in their turn an appeal. The Eponymi are also
used in reference to military expeditions; when the men of military age
are despatched on service, a notice is put up stating that the men from
such-and-such an Archon and Eponymus to such-and-such another Archon
and Eponymus are to go on the expedition.
Part 54
The following magistrates also are elected by lot: Five Commissioners
of Roads (Hodopoei), who, with an assigned body of public slaves, are
required to keep the roads in order: and ten Auditors, with ten
assistants, to whom all persons who have held any office must give in
their accounts. These are the only officers who audit the accounts of
those who are subject to examination, and who bring them up for
examination before the law-courts. If they detect any magistrate in
embezzlement, the jury condemn him for theft, and he is obliged to
repay tenfold the sum he is declared to have misappropriated. If they
charge a magistrate with accepting bribes and the jury convict him,
they fine him for corruption, and this sum too is repaid tenfold. Or if
they convict him of unfair dealing, he is fined on that charge, and the
sum assessed is paid without increase, if payment is made before the
ninth prytany, but otherwise it is doubled. A tenfold fine is not
doubled.
The Clerk of the prytany, as he is called, is also elected by lot. He
has the charge of all public documents, and keeps the resolutions which
are passed by the Assembly, and checks the transcripts of all other
official papers and attends at the sessions of the Council. Formerly
he was elected by open vote, and the most distinguished and trustworthy
persons were elected to the post, as is known from the fact that the
name of this officer is appended on the pillars recording treaties of
alliance and grants of consulship and citizenship. Now, however, he is
elected by lot. There is, in addition, a Clerk of the Laws, elected by
lot, who attends at the sessions of the Council; and he too checks the
transcript of all the laws. The Assembly also elects by open vote a
clerk to read documents to it and to the Council; but he has no other
duty except that of reading aloud.
The Assembly also elects by lot the Commissioners of Public Worship
(Hieropoei) known as the Commissioners for Sacrifices, who offer the
sacrifices appointed by oracle, and, in conjunction with the seers,
take the auspices whenever there is occasion. It also elects by lot ten
others, known as Annual Commissioners, who offer certain sacrifices and
administer all the quadrennial festivals except the Panathenaea. There
are the following quadrennial festivals: first that of Delos (where
there is also a sexennial festival), secondly the Brauronia, thirdly
the Heracleia, fourthly the Eleusinia, and fifthly the Panathenaea; and
no two of these are celebrated in the same place. To these the
Hephaestia has now been added, in the archonship of Cephisophon.
An Archon is also elected by lot for Salamis, and a Demarch for
Piraeus. These officers celebrate the Dionysia in these two places, and
appoint Choregi. In Salamis, moreover, the name of the Archon is
publicly recorded.
Part 55
All the foregoing magistrates are elected by lot, and their powers are
those which have been stated. To pass on to the nine Archons, as they
are called, the manner of their appointment from the earliest times has
been described already. At the present day six Thesmothetae are elected
by lot, together with their clerk, and in addition to these an Archon,
a King, and a Polemarch. One is elected from each tribe. They are
examined first of all by the Council of Five Hundred, with the
exception of the clerk. The latter is examined only in the lawcourt,
like other magistrates (for all magistrates, whether elected by lot or
by open vote, are examined before entering on their offices); but the
nine Archons are examined both in the Council and again in the
law-court. Formerly no one could hold the office if the Council
rejected him, but now there is an appeal to the law-court, which is the
final authority in the matter of the examination. When they are
examined, they are asked, first, 'Who is your father, and of what deme?
who is your father's father? who is your mother? who is your mother's
father, and of what deme?' Then the candidate is asked whether he
possesses an ancestral Apollo and a household Zeus, and where their
sanctuaries are; next if he possesses a family tomb, and where; then if
he treats his parents well, and pays his taxes, and has served on the
required military expeditions. When the examiner has put these
questions, he proceeds, 'Call the witnesses to these facts'; and when
the candidate has produced his witnesses, he next asks, 'Does any one
wish to make any accusation against this man?' If an accuser appears,
he gives the parties an opportunity of making their accusation and
defence, and then puts it to the Council to pass the candidate or not,
and to the law-court to give the final vote. If no one wishes to make
an accusation, he proceeds at once to the vote. Formerly a single
individual gave the vote, but now all the members are obliged to vote
on the candidates, so that if any unprincipled candidate has managed to
get rid of his accusers, it may still be possible for him to be
disqualified before the law-court. When the examination has been thus
completed, they proceed to the stone on which are the pieces of the
victims, and on which the Arbitrators take oath before declaring their
decisions, and witnesses swear to their testimony. On this stone the
Archons stand, and swear to execute their office uprightly and
according to the laws, and not to receive presents in respect of the
performance of their duties, or, if they do, to dedicate a golden
statue. When they have taken this oath they proceed to the Acropolis,
and there they repeat it; after this they enter upon their office.
Part 56
The Archon, the King, and the Polemarch have each two assessors,
nominated by themselves. These officers are examined in the lawcourt
before they begin to act, and give in accounts on each occasion of
their acting.
As soon as the Archon enters office, he begins by issuing a
proclamation that whatever any one possessed before he entered into
office, that he shall possess and hold until the end of his term. Next
he assigns Choregi to the tragic poets, choosing three of the richest
persons out of the whole body of Athenians. Formerly he used also to