The Athenian Constitution
assign five Choregi to the comic poets, but now the tribes provide the
Choregi for them. Then he receives the Choregi who have been appointed
by the tribes for the men's and boys' choruses and the comic poets at
the Dionysia, and for the men's and boys' choruses at the Thargelia (at
the Dionysia there is a chorus for each tribe, but at the Thargelia one
between two tribes, each tribe bearing its share in providing it); he
transacts the exchanges of properties for them, and reports any excuses
that are tendered, if any one says that he has already borne this
burden, or that he is exempt because he has borne a similar burden and
the period of his exemption has not yet expired, or that he is not of
the required age; since the Choregus of a boys' chorus must be over
forty years of age. He also appoints Choregi for the festival at Delos,
and a chief of the mission for the thirty-oar boat which conveys the
youths thither. He also superintends sacred processions, both that in
honour of Asclepius, when the initiated keep house, and that of the
great Dionysia--the latter in conjunction with the Superintendents of
that festival. These officers, ten in number, were formerly elected by
open vote in the Assembly, and used to provide for the expenses of the
procession out of their private means; but now one is elected by lot
from each tribe, and the state contributes a hundred minas for the
expenses. The Archon also superintends the procession at the Thargelia,
and that in honour of Zeus the Saviour. He also manages the contests at
the Dionysia and the Thargelia.
These, then, are the festivals which he superintends. The suits and
indictments which come before him, and which he, after a preliminary
inquiry, brings up before the lawcourts, are as follows. Injury to
parents (for bringing these actions the prosecutor cannot suffer any
penalty); injury to orphans (these actions lie against their
guardians); injury to a ward of state (these lie against their
guardians or their husbands), injury to an orphan's estate (these too
lie against the guardians); mental derangement, where a party charges
another with destroying his own property through unsoundness of mind;
for appointment of liquidators, where a party refuses to divide
property in which others have a share; for constituting a wardship; for
determining between rival claims to a wardship; for granting inspection
of property to which another party lays claim; for appointing oneself
as guardian; and for determining disputes as to inheritances and wards
of state. The Archon also has the care of orphans and wards of state,
and of women who, on the death of their husbands, declare themselves to
be with child; and he has power to inflict a fine on those who offend
against the persons under his charge, or to bring the case before the
law-courts. He also leases the houses of orphans and wards of state
until they reach the age of fourteen, and takes mortgages on them; and
if the guardians fail to provide the necessary food for the children
under their charge, he exacts it from them. Such are the duties of the
Archon.
Part 57
The King in the first place superintends the mysteries, in conjunction
with the Superintendents of Mysteries. The latter are elected in the
Assembly by open vote, two from the general body of Athenians, one from
the Eumolpidae, and one from the Ceryces. Next, he superintends the
Lenaean Dionysia, which consists of a procession and a contest. The
procession is ordered by the King and the Superintendents in
conjunction; but the contest is managed by the King alone. He also
manages all the contests of the torch-race; and to speak broadly, he
administers all the ancestral sacrifices. Indictments for impiety come
before him, or any disputes between parties concerning priestly rites;
and he also determines all controversies concerning sacred rites for
the ancient families and the priests. All actions for homicide come
before him, and it is he that makes the proclamation requiring polluted
persons to keep away from sacred ceremonies. Actions for homicide and
wounding are heard, if the homicide or wounding be willful, in the
Areopagus; so also in cases of killing by poison, and of arson. These
are the only cases heard by that Council. Cases of unintentional
homicide, or of intent to kill, or of killing a slave or a resident
alien or a foreigner, are heard by the court of Palladium. When the
homicide is acknowledged, but legal justification is pleaded, as when a
man takes an adulterer in the act, or kills another by mistake in
battle, or in an athletic contest, the prisoner is tried in the court
of Delphinium. If a man who is in banishment for a homicide which
admits of reconciliation incurs a further charge of killing or
wounding, he is tried in Phreatto, and he makes his defence from a boat
moored near the shore. All these cases, except those which are heard in
the Areopagus, are tried by the Ephetae on whom the lot falls. The King
introduces them, and the hearing is held within sacred precincts and in
the open air. Whenever the King hears a case he takes off his crown.
The person who is charged with homicide is at all other times excluded
from the temples, nor is it even lawful for him to enter the
market-place; but on the occasion of his trial he enters the temple and
makes his defence. If the actual offender is unknown, the writ runs
against 'the doer of the deed'. The King and the tribe-kings also hear
the cases in which the guilt rests on inanimate objects and the lower
animal.
Part 58
The Polemarch performs the sacrifices to Artemis the huntress and to
Enyalius, and arranges the contest at the funeral of those who have
fallen in war, and makes offerings to the memory of Harmodius and
Aristogeiton. Only private actions come before him, namely those in
which resident aliens, both ordinary and privileged, and agents of
foreign states are concerned. It is his duty to receive these cases and
divide them into ten groups, and assign to each tribe the group which
comes to it by lot; after which the magistrates who introduce cases for
the tribe hand them over to the Arbitrators. The Polemarch, however,
brings up in person cases in which an alien is charged with deserting
his patron or neglecting to provide himself with one, and also of
inheritances and wards of state where aliens are concerned; and in
fact, generally, whatever the Archon does for citizens, the Polemarch
does for aliens.
Part 59
The Thesmothetae in the first place have the power of prescribing on
what days the lawcourts are to sit, and next of assigning them to the
several magistrates; for the latter must follow the arrangement which
the Thesmothetae assign. Moreover they introduce impeachments before
the Assembly, and bring up all votes for removal from office,
challenges of a magistrate's conduct before the Assembly, indictments
for illegal proposals, or for proposing a law which is contrary to the
interests of the state, complaints against Proedri or their president
for their conduct in office, and the accounts presented by the
generals. All indictments also come before them in which a deposit has
to be made by the prosecutor, namely, indictments for concealment of
foreign origin, for corrupt evasion of foreign origin (when a man
escapes the disqualification by bribery), for blackmailing accusations,
bribery, false entry of another as a state debtor, false testimony to
the service of a summons, conspiracy to enter a man as a state debtor,
corrupt removal from the list of debtors, and adultery. They also bring
up the examinations of all magistrates, and the rejections by the demes
and the condemnations by the Council. Moreover they bring up certain
private suits in cases of merchandise and mines, or where a slave has
slandered a free man. It is they also who cast lots to assign the
courts to the various magistrates, whether for private or public cases.
They ratify commercial treaties, and bring up the cases which arise out
of such treaties; and they also bring up cases of perjury from the
Areopagus. The casting of lots for the jurors is conducted by all the
nine Archons, with the clerk to the Thesmothetae as the tenth, each
performing the duty for his own tribe. Such are the duties of the nine
Archons.
Part 60
There are also ten Commissioners of Games (Athlothetae), elected by
lot, one from each tribe. These officers, after passing an examination,
serve for four years; and they manage the Panathenaic procession, the
contest in music and that in gymnastic, and the horse-race; they also
provide the robe of Athena and, in conjunction with the Council, the
vases, and they present the oil to the athletes. This oil is collected
from the sacred olives. The Archon requisitions it from the owners of
the farms on which the sacred olives grow, at the rate of
three-quarters of a pint from each plant. Formerly the state used to
sell the fruit itself, and if any one dug up or broke down one of the
sacred olives, he was tried by the Council of Areopagus, and if he was
condemned, the penalty was death. Since, however, the oil has been paid
by the owner of the farm, the procedure has lapsed, though the law
remains; and the oil is a state charge upon the property instead of
being taken from the individual plants. When, then, the Archon has
collected the oil for his year of office, he hands it over to the
Treasurers to preserve in the Acropolis, and he may not take his seat
in the Areopagus until he has paid over to the Treasurers the full
amount. The Treasurers keep it in the Acropolis until the Panathenaea,
when they measure it out to the Commissioners of Games, and they again
to the victorious competitors. The prizes for the victors in the
musical contest consist of silver and gold, for the victors in manly
vigour, of shields, and for the victors in the gymnastic contest and
the horse-race, of oil.
Part 61
All officers connected with military service are elected by open vote.
In the first place, ten Generals (Strategi), who were formerly elected
one from each tribe, but now are chosen from the whole mass of
citizens. Their duties are assigned to them by open vote; one is
appointed to command the heavy infantry, and leads them if they go out
to war; one to the defence of the country, who remains on the
defensive, and fights if there is war within the borders of the
country; two to Piraeus, one of whom is assigned to Munichia, and one
to the south shore, and these have charge of the defence of the
Piraeus; and one to superintend the symmories, who nominates the
trierarchs arranges exchanges of properties for them, and brings up
actions to decide on rival claims in connexion with them. The rest are
dispatched to whatever business may be on hand at the moment. The
appointment of these officers is submitted for confirmation in each
prytany, when the question is put whether they are considered to be
doing their duty. If any officer is rejected on this vote, he is tried
in the lawcourt, and if he is found guilty the people decide what
punishment or fine shall be inflicted on him; but if he is acquitted he
resumes his office. The Generals have full power, when on active
service, to arrest any one for insubordination, or to cashier him
publicly, or to inflict a fine; the latter is, however, unusual.
There are also ten Taxiarchs, one from each tribe, elected by open
vote; and each commands his own tribesmen and appoints captains of
companies (Lochagi). There are also two Hipparchs, elected by open vote
from the whole mass of the citizens, who command the cavalry, each
taking five tribes. They have the same powers as the Generals have in
respect of the infantry, and their appointments are also subject to