The Athenian Constitution
position, although some of the Athenians supported this proposal, the
majority refused to listen to them. In this they were led astray by
Cleophon, who appeared in the Assembly drunk and wearing his
breastplate, and prevented peace being made, declaring that he would
never accept peace unless the Lacedaemonians abandoned their claims on
all the cities allied with them. They mismanaged their opportunity
then, and in a very short time they learnt their mistake. The next
year, in the archonship of Alexias, they suffered the disaster of
Aegospotami, the consequence of which was that Lysander became master
of the city, and set up the Thirty as its governors. He did so in the
following manner. One of the terms of peace stipulated that the state
should be governed according to 'the ancient constitution'. Accordingly
the popular party tried to preserve the democracy, while that part of
the upper class which belonged to the political clubs, together with
the exiles who had returned since the peace, aimed at an oligarchy, and
those who were not members of any club, though in other respects they
considered themselves as good as any other citizens, were anxious to
restore the ancient constitution. The latter class included Archinus,
Anytus, Cleitophon, Phormisius, and many others, but their most
prominent leader was Theramenes. Lysander, however, threw his influence
on the side of the oligarchical party, and the popular Assembly was
compelled by sheer intimidation to pass a vote establishing the
oligarchy. The motion to this effect was proposed by Dracontides of
Aphidna.
Part 35
In this way were the Thirty established in power, in the archonship of
Pythodorus. As soon, however, as they were masters of the city, they
ignored all the resolutions which had been passed relating to the
organization of the constitution, but after appointing a Council of
Five Hundred and the other magistrates out of a thousand selected
candidates, and associating with themselves ten Archons in Piraeus,
eleven superintendents of the prison, and three hundred 'lash-bearers'
as attendants, with the help of these they kept the city under their
own control. At first, indeed, they behaved with moderation towards the
citizens and pretended to administer the state according to the ancient
constitution. In pursuance of this policy they took down from the hill
of Areopagus the laws of Ephialtes and Archestratus relating to the
Areopagite Council; they also repealed such of the statutes of Solon as
were obscure, and abolished the supreme power of the law-courts. In
this they claimed to be restoring the constitution and freeing it from
obscurities; as, for instance, by making the testator free once for all
to leave his property as he pleased, and abolishing the existing
limitations in cases of insanity, old age, and undue female influence,
in order that no opening might be left for professional accusers. In
other matters also their conduct was similar. At first, then, they
acted on these lines, and they destroyed the professional accusers and
those mischievous and evil-minded persons who, to the great detriment
of the democracy, had attached themselves to it in order to curry
favour with it. With all of this the city was much pleased, and thought
that the Thirty were doing it with the best of motives. But so soon as
they had got a firmer hold on the city, they spared no class of
citizens, but put to death any persons who were eminent for wealth or
birth or character. Herein they aimed at removing all whom they had
reason to fear, while they also wished to lay hands on their
possessions; and in a short time they put to death not less than
fifteen hundred persons.
Part 36
Theramenes, however, seeing the city thus falling into ruin, was
displeased with their proceedings, and counselled them to cease such
unprincipled conduct and let the better classes have a share in the
government. At first they resisted his advice, but when his proposals
came to be known abroad, and the masses began to associate themselves
with him, they were seized with alarm lest he should make himself the
leader of the people and destroy their despotic power. Accordingly
they drew up a list of three thousand citizens, to whom they announced
that they would give a share in the constitution. Theramenes, however,
criticized this scheme also, first on the ground that, while proposing
to give all respectable citizens a share in the constitution, they were
actually giving it only to three thousand persons, as though all merit
were confined within that number; and secondly because they were doing
two inconsistent things, since they made the government rest on the
basis of force, and yet made the governors inferior in strength to the
governed. However, they took no notice of his criticisms, and for a
long time put off the publication of the list of the Three Thousand and
kept to themselves the names of those who had been placed upon it; and
every time they did decide to publish it they proceeded to strike out
some of those who had been included in it, and insert others who had
been omitted.
Part 37
Now when winter had set in, Thrasybulus and the exiles occupied Phyle,
and the force which the Thirty led out to attack them met with a
reverse. Thereupon the Thirty decided to disarm the bulk of the
population and to get rid of Theramenes; which they did in the
following way. They introduced two laws into the Council, which they
commanded it to pass; the first of them gave the Thirty absolute power
to put to death any citizen who was not included in the list of the
Three Thousand, while the second disqualified all persons from
participation in the franchise who should have assisted in the
demolition of the fort of Eetioneia, or have acted in any way against
the Four Hundred who had organized the previous oligarchy. Theramenes
had done both, and accordingly, when these laws were ratified, he
became excluded from the franchise and the Thirty had full power to put
him to death. Theramenes having been thus removed, they disarmed all
the people except the Three Thousand, and in every respect showed a
great advance in cruelty and crime. They also sent ambassadors to
Lacedaemonian to blacken the character of Theramenes and to ask for
help; and the Lacedaemonians, in answer to their appeal, sent Callibius
as military governor with about seven hundred troops, who came and
occupied the Acropolis.
Part 38
These events were followed by the occupation of Munichia by the exiles
from Phyle, and their victory over the Thirty and their partisans.
After the fight the party of the city retreated, and next day they held
a meeting in the marketplace and deposed the Thirty, and elected ten
citizens with full powers to bring the war to a termination. When,
however, the Ten had taken over the government they did nothing towards
the object for which they were elected, but sent envoys to
Lacedaemonian to ask for help and to borrow money. Further, finding
that the citizens who possessed the franchise were displeased at their
proceedings, they were afraid lest they should be deposed, and
consequently, in order to strike terror into them (in which design they
succeeded), they arrested Demaretus, one of the most eminent citizens,
and put him to death. This gave them a firm hold on the government, and
they also had the support of Callibius and his Peloponnesians, together
with several of the Knights; for some of the members of this class were
the most zealous among the citizens to prevent the return of the exiles
from Phyle. When, however, the party in Piraeus and Munichia began to
gain the upper hand in the war, through the defection of the whole
populace to them, the party in the city deposed the original Ten, and
elected another Ten, consisting of men of the highest repute. Under
their administration, and with their active and zealous cooperation,
the treaty of reconciliation was made and the populace returned to the
city. The most prominent members of this board were Rhinon of Paeania
and Phayllus of Acherdus, who, even before the arrival of Pausanias,
opened negotiations with the party in Piraeus, and after his arrival
seconded his efforts to bring about the return of the exiles. For it
was Pausanias, the king of the Lacedaemonians, who brought the peace
and reconciliation to a fulfillment, in conjunction with the ten
commissioners of arbitration who arrived later from Lacedaemonian, at
his own earnest request. Rhinon and his colleagues received a vote of
thanks for the goodwill shown by them to the people, and though they
received their charge under an oligarchy and handed in their accounts
under a democracy, no one, either of the party that had stayed in the
city or of the exiles that had returned from the Piraeus, brought any
complaint against them. On the contrary, Rhinon was immediately elected
general on account of his conduct in this office.
Part 39
This reconciliation was effected in the archonship of Eucleides, on the
following terms. All persons who, having remained in the city during
the troubles, were now anxious to leave it, were to be free to settle
at Eleusis, retaining their civil rights and possessing full and
independent powers of self-government, and with the free enjoyment of
their own personal property. The temple at Eleusis should be common
ground for both parties, and should be under the superintendence of the
Ceryces, and the Eumolpidae, according to primitive custom. The
settlers at Eleusis should not be allowed to enter Athens, nor the
people of Athens to enter Eleusis, except at the season of the
mysteries, when both parties should be free from these restrictions.
The secessionists should pay their share to the fund for the common
defence out of their revenues, just like all the other Athenians. If
any of the seceding party wished to take a house in Eleusis, the people
would help them to obtain the consent of the owner; but if they could
not come to terms, they should appoint three valuers on either side,
and the owner should receive whatever price they should appoint. Of
the inhabitants of Eleusis, those whom the secessionists wished to
remain should be allowed to do so. The list of those who desired to
secede should be made up within ten days after the taking of the oaths
in the case of persons already in the country, and their actual
departure should take place within twenty days; persons at present out
of the country should have the same terms allowed to them after their
return. No one who settled at Eleusis should be capable of holding any
office in Athens until he should again register himself on the roll as
a resident in the city. Trials for homicide, including all cases in
which one party had either killed or wounded another, should be
conducted according to ancestral practice. There should be a general
amnesty concerning past events towards all persons except the Thirty,
the Ten, the Eleven, and the magistrates in Piraeus; and these too
should be included if they should submit their accounts in the usual
way. Such accounts should be given by the magistrates in Piraeus before
a court of citizens rated in Piraeus, and by the magistrates in the
city before a court of those rated in the city. On these terms those
who wished to do so might secede. Each party was to repay separately
the money which it had borrowed for the war.
Part 40
When the reconciliation had taken place on these terms, those who had
fought on the side of the Thirty felt considerable apprehensions, and a
large number intended to secede. But as they put off entering their
names till the last moment, as people will do, Archinus, observing
their numbers, and being anxious to retain them as citizens, cut off