Johann Joachim Eschenburg.

Manual of classical literature : from the German of J.J. Eschenburg, with additions online

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tribes an(l the districts, from among their own number. — The magistrates were
required, on the expiration of their offices, to render an account of their admi-
nistration to a tribunal, which was constituted by ten accountants (xoytarai) and
ten directors or judges (iu^wot, called also i^staatai).

In choosing the Archons and other magistrates by lot, the ordinary method was to
put the names of the candidates, inscribed on brazen tablets (nivaKia), into an urn with
black and white beans {Kvajxoi) ; and those whose tablets were drawn out whh white
beans were elected.

On the Athenian magistrates, cf. Blcnchard, in the Mem. de VAcad. det Inter, vii. 51. — Cf. JtUiiu PoTlui, Onomasticon,

§ 101. The most important magistrates were the Jrchons {apxovtsi). There
were usually nine Archons, chosen by lot (x^j^pcorot), but subjected to an exa-



p. III. CIVIL AFFAIRS. MAGISTRATES. REVENUES. 181

minadon as to their qualifications, before they were admitted to take the oath
and enter their office.

1. The examinations of the Archons was two fold ; one in the senate called Wva-
xpuTis, the other in the forum, called AoKinatria, before the Heliastce {iiXicuT-ai § 110).
Among the points of examination were the following: whether their ancestors for three
generations had been Athenian citizens; whether they had a competent estate; and
whether they were free from bodily defects id<pe\sii).

2 u. The first of the nine in rank was styled Archon by way of eminence, h "kpxwv ;
sometimes "Apx^v inojuvfiog, because the year was named from him. He attended to the
domestic affairs of citizens, decided differences which arose between relatives, had the
care of widows, appointed guardians, and took the oversight of certain festivals and
solemnities, and also of theatres. — The second was called King, or archon king,
apxijv PaatXev;. To him were assigned certain duties pertaining i6 religious worship,
which were originally performed by kings exclusively ; he was, in general, overseer of
religious affltirs. — The third, named Polemarch, voXefxapxos, attended to the domestic af-
fairs of strangers and sojourners, performing the same duties in reference to them,
which the first archon did for the citizens. In the time of the Persian war, he had an
important share in managing military affairs. — The six remaining archons were called
ThesmofhetcB {^caiioOhai), and were chiefly occupied with legislative affairs ; they also
took cognizance of such judicial matters as did not fall under other jurisdiction.

3. The three principal archons usually selected each two assistants, called TrapsSpoi,
assessors, who sat on the bench whh the Archons, having been subjected to the same
examinations with other magistrates, and being required to render in the same way an
account l^iMvr]) of their office.

§ 102. Another magistracy at Athens was that of the Eleven, 6c "EvSfxa, ten
of whom were taken one from each of the ten tribes, and the other M'as their
secretary (ypauuarfvf). They were properly overseers of the prisons, and di-
rected in the execution of capital punishments. In later times they were also
called voiioipv7.axf^. — These were different from the Phylarchi (^rXap;^ot), who
were originally the inspectors of the ten tribes, and afterwards command-
ers in war. The Demarchi (hr^p.af>xoi) performed similar duties in relation to
the districts (J,r^iJ.ot). — The Arj^iapzo'' had the care of the public register (%sv'
xuua), and made scrutiny in the assemblies, and collected fines of those not
present. They were six in number ; but were aided by the Tolorac, who were
a sort of bailiffs or deputy sheriffs, to the amount of 1000. — The No/xo^arao
were also 1000 in number, and were charged with the examination of past
laws to see if any were injurious or useless, and with some minor matters of
police.

Besides the magistrates above named, there were many others connected with the
treasury, the senate and assembly of the people, and the courts of justice ; the most
important of them will be noticed in connection with those topics. There were also
various other public functionaries, who were not, strictly speaking, magistrates, but
ought perhaps some of them to be named here. — The 'P-'/roprf, orators, were ten in
number, appointed by lot to plead public causes in the senate and assembly ; they were
sometimes called cruvfiyopoi, and were a different body from the o-vvSikoi, who were ap-
pointed by the people.— The UpsaPcTs, ambassadors, were chosen usually by the peo-
ple, sometimes by the senate, to treat with foreign states. When sent with full power,
they were called npecrPsTg avroKparoptg ; generally their power was limited (cf ^ 143).
They were usually attended by heralds {KopvKEi) ; this name however was sometimes
given to the persons sent on an embassy. — We may also mention the notaries, ypamxa-
Tiii ; besides the great number employed by the various magistrates, there were three pub-
licly chosen ; one by the assembly of the people, to recite before them ; and two by
the senate, one to keep the laws, and the other the records in general. The office was
not at Athens very honorable, and was sometimes held by well educated slaves, called
C^rmocm (cf "§ 99).

§ 103. The ordinary revenues were of four sorts : 1. TIxj/, renfs from public
domains and other public property, and duties paid on articles of commerce and
on certain pursuits and persons; 2. <^dpot, tributes, or annual payments exacted
from allied or subjected cities and states; 3. Tc^tj^^ar'a, fines, which all went to
the public treasury, except the tenth part devoted to the service of Minerva, and
one fifteenth >ippropriated for the other gods and the heroes, that were patrons
of the city ; 4. A? trorpyi-'ac iyx-oxXioi, periodical liturgies, or services, m which in-
dividuals were required, for a time, to perform certain duties or maintain certain
public establishments at their own expense. — Besides the ordinary, the neces*



182 GRECIAN ANTIQUITIES.

sides of the state sometimes required an extraordinary revenue; and then \

special taxes (ftcr^opai,) laid upon citizens and residents formed an important ,

resource. !

Under the reXr), or rents, we may include the income from the mines ; the most im- !
portant of which were the silver mines of Laurion ; the ore from these was termed

ipyvplTig ; they were regarded as a grand source of wealth to Athens. i

See Bockh, on the Mines of Laurion, in his Public Economy.

Under the ^6poi or tributes, we may include the duty of ten per centum (isKarri, isKa. \

Tzvrqpiov) imposed on vessels passing from or into the Euxine ; which was exacted at i

Chrysopolis (cf P. I. § 160), which the Athenians fortified for the purpose. \

Under Tififijjiara or fines, must be included the fees or deposits {TTpwancXa), which were i

demanded of both parties before beginning a suit in court ; these deposits were large ;

in proportion to the sum brought into question by the trial. To the same head must be i

referred also the proceeds of confiscated property (cruitOTrpaTo.). j

Under the Liturgies (XetTovpyiat) were included chiefly three, xopny'^a, yvp.vmiapxi.a, and ,

iariacL?. Those, who rendered the first named service, {xopriyoi,) were required to pay i
the expenses of the whole chorus employed at the public festivals and theatrical exhi-
bitions (cf '^ 89. 3). Those to whom the second was assigned were obliged to furnish

the oil and the various necessaries for the wrestlers and other combatants in the public i

games. In the third service mentioned, certain persons {ecnarops? rwj/ (piAow) provided i

entertainment or banquets, on the public festivals, for a whole tribe. — These services j

were always assigned to the most wealthy citizens. In the time of Demosthenes there (

was the following system : each of the ten tribes pointed out 120 of the wealthiest citi- i

zens belonging to it ; the 1200 thus selected were divided into two portions according '

to their wealth, the rraw i:\omioi and the nrrov tAovgioi ; these two parts were each formed I

into ten classes or companies, called cvnjxopijn ; from the ten cvpuopiai of the more '
wealthy, 300 of the wealthiest men were selected, who were required to furnish the

repubhc with the necessary supplies of money and with the rest of the 1200 to perform all I

extraordinary duties in rotation. If any one of the 300 could name a person more wealthy ,
than himself, he M'as excused. The residents (pihoiKOi) sometimes performed these

services. — Besides the ordinary 'Xsirovpyiai above mentioned, there were some extraordi- \

nary ; particularly two in a time of war, rpirjpapx'a and £i(T<popd. The rpmpapxoi were '

obliged to provide necessaries for the fleet and building of ships. The ei(y(ptpovTZi were ;

required to contribute money according to their abiUty for different purposes. The ]

manner in which they performed such of these services as were assigned to them, and
the degree of expense and splendor to which they went, became sometimes a subject
of emulation among the rich and ambitious Athenians.

On the whole subject of the Athenian revenues and expenditures, see Aug. BockKs Staatshaushaltun? der Athener. Mit 21 Id
tchriften. lierl. 1817. 2 vols. 8. En?. Transl. Public Economy of Athens. Lond. 1828.— Cf. Bancrofts Heeren, ch. \\\\.—Mii
"bril, ch xxi. sect. 1.— Xc7!op/!o»i, On the Revenues of Attica (cf. P. V. § 186. 2).

On the Trierarchy, B'dcWs Urkunden Uber das Seewesen des Attischen Staates. Berl. 1840.

§ 104. The lei^islative control of the financial concerns belong-ed to the peo-
ple, and their administration and management to the senate. But a particular
officer was at the head of the treasury, called taniaq tr.'; xoivrq rtpocohov, be-
cause he had charoce of the public revenue, and also -fa^i'aj tr^i Stotx^afwj, as
having charge likewise of the public expenditures. He was chosen by the
people (;i;stpoT'orta) for four years.

1 71. There were many subordinate officers in the department of finance. One class
consisted of such as attended to the collecting of the revenue, and to the previous ar-
rangements. I'o this class belonged the TruiXrjTat, ten in number, one from each tribe,
having the care of whatever the state sold or leased ; the TrpaKropeg, who received all
fines imposed ; the bnypafpEH^, who assessed the imposts and tributes ; the Siaypa'petg,
who enrolled the names of families and individuals, and assessed to them their part in
raising an extraordinary revenue ; the tKXoycXg, who collected the taxes, duties, rents,
&c. TeKbivai were, properly, not officers, but such persons as took leases of public
lands or other public property, and paid the rent to the officers. — A second class con-
sisted of such officers as kept the moneys collected, and distributed them for
pubhc uses. Of this class were the dnoSeKrat, ten in number, chosen by lot ; and the
rap'ai nov hp'^v xpiuarcov, vi'ho had the care of the treasures in the temples {§ 28). — Such
officers as were employed in keeping or examining the multifarious accounts of the de-
partment may be considered as a third class, including the ypappareTg, clerks, and inm-
ypanixaTETs, under-clerks, and the avriypa'pzXi , checking-clerks or auditors. Among the latter
may be named particularly the dvnypaipcv; rfjg dioiK^asw;. controller of the expenditure.

2. Some of the causes of expenditure from the public treasury should be noted here.
The piihhc edifices and other works were built only at a very great expense, and could be
preserved in order only at a great annual cost. Pericles expended many thousands of
talents upon works of architecture in Athens. The festivals were another source



p. III. CIVIL AFFAIRS. AMPHICTYONS. 183

of expense ; when we consider their number, and think of the cost of the sacrificial
victims and offerings, the banquets, the processions (7ro//-ui), the theatrical, musical, and
gymnastic entertainments, and the rich prizes sometimes bestowed, it is obvious that
immense sums must have been expended in maintaining them. — Much was expended
also in distributions or donations to the populace {ciaiofxal, ciaSousig) ; the most important
expenditure in this way was by the SicoiSoXia, or distribution of the oboh to each poor
citizen as theoric money {izupiKa, of % 90). — Means of support for poor and disabled
citizens (nrvraroi), and also for children whose fathers had fallen in battle, were likewise
furnished from the public treasury, and formed another item of expense. — In addition
to these, we must mention the expejises of the government, including the salaries ot all
the various magistrates and officers of different grades, and the wages of the senators
(jiicBoi iSovXevTiKo^), and of those who attended the assembly (juaOdi tK-zcXr/o-iaoriwi). — The
support of the army and navy required also large sums of money even in time of peace.
In time of war, the expenses, not only of this class, but of many others also, must

have been greatly increased. It may be impossible to form any satisfactory estimate

of the amount of these various expenditures. The comparative value of the precious
metals in ancient and modern times must not be overlooked here, as they were, at least,
three times as valuable then as now.

§ 105. Anaonar the public assemblies of the Greeks, which took into consi-
deration the affairs of the whole state, the council of the Amphictyons {avvoho^
Aix^ixfvoi'cov, Afirpixtvovta) is especially worthy of notice. According to com-
mon opinion, it was first instituted by Amphictyon, son of Deucalion ; accord-
incr to some, by Acrisius, king of Argos. The twelve people or states united in
this council (to twv ''E7.%rvuv awsSpiov) used to meet by their delegates, two
from each city ordinarily, at Thermopylae; from this circumstance the dele-
gates were called XlvXayopai, and the council itself TlvXaia,. Sometimes they
met at Delphi. They assembled only twice a year, in spring and autumn,
unless on some extraordinary occasion. The design of the council was to
adjust and settle public national disputes or difficulties, and the delegates had
full power to make salutary changes and regulations. Some very important
disputes, as e. g. between the Plataeans and Lacedaemonians, and between the
Thebans and Thessalians, were terminated by this diet, which was continued
to some time in the first century after Christ.

Some writers have taken a different view of the origin and design of this council.
They assert that the Amphictyons were only an association of persons residing about
or near Delphi, or some other place ; djKptKTvoi'es being nearly equivalent to djXipiKrioi'eg ;
and that the assembly was originally held simply for the purpose of mutual gratifica-
tion and religious festivhy, having no precisely definite common object, and being dif-
ferent from a confederation for mutual defence, or a congress for mutual deliberations.

This is the view o( Hermann, in his I>hrbach, cited 5 92.— Similar is that of Sainte Croix, Des Anciens Gouvememens Feder*
tifs. Par. 1799.— The political character and design of the council is maintained by F W. Tittmann, Ueber den Buud der Amphic-
tvonen. Berl 1SI2. 8— Cf. also Mitford, Hist, of Greece, ch. iii. sect. 3.—ThirlwaU, Hist, of Greece, c. x. xliii.— Z/e Galois, Sui
les Amphictyons, in the Mem. de VAcad. des Imcr. &c vol. iii p. 191 • and v. p. 405.— T. Leland, Discourse pref. to his Life of
Philip of yiacedon.

§ 106. Assemblies of the people {sxx^vjrsiac) were very frequent at Athens, and
had an important influence. In these the acts of the senate were canvassed,
laws were proposed and approved or rejected, magistrates appointed, war de-
clared, and the like. The place where they met was either the market-place
(dyopa), or a broad space near the mountain called the Pnyx (llvv^), or the
theatre of Bacchus. The ordinary assemblies {ixxXr^aiai, xvptat) were held
monthly on established days ; the extraordinary {kxx^Kr^aia.l Gvyx'Kr^^;oC) were
called on pressing and important emergencies.

1 n. These meetings were managed and conducted by the Ylfivrdvciq, the TipoeSpoi, and
the 'Errto-Tii-rTjj. Before entering upon business, a sacrifice, usually of a young pig, was
offered. Then the herald ordered silence, offered a prayer to the gods, and stated, on
the direction of the Ylpodpoi, the subject to be discussed by the assembly, and those
above fifty years of age were first invited to speak ; after which any one above thirty,
of fair character had the liberty. Whatever came before the assembly had already been
discussed in the senate, whose decision upon it {-poPovXcvfia, il^riipiana rij; /JouXfJj) received
its full legality only by the vote of the assembly, and was then called emphatically a
decree, ipfiipKTiia. Often, however, a decision of the senate without the confirmation of
the assembly was in force for a year ; at least it was so in those cases in which, in
order to avoid too frequent meetings, the people had granted an independent validity.

2. The people voted by stretching forth their hands i\etporoi.'ta), and sometimes by a
mode of balloting in which beans {Kvafioi) and stones (jyvpi) were cast into vessels pre



184



GRECIAN ANTIQUITIES.



pared for the purpose (<caJoi). — When the business was completed, the Upwavcis dismissed
I he assembly.

See G. F. Schomann, De Comitiis Athenienaium, lib. iii. Gryphisw. 1819. S.—R. Whistmi, Oq the Athenian Assemblies, in
SmilVs Did. of Antiq. p. 361, — Aristophanes, D his EKKXritna^ovaai,

§ 107. The senate or higher council {rj afco jSov^rj) consisted, according to the
arrangements of Clisthenes, of 500; and was therefore styled the senate or
council of the 500 (3^ i5ov7.ri tiZv Tisvtaxoaiuv). In earlier times it consisted of
400, and in later of 600 members.

1 u. The 500 were chosen annually by lot, 50 from a tribe, which furnished a ready
division of the senate into ten equal parts. Each of these divisions, containing 50
members, took charge of the public business for 35 or 36 days, in an order of rotation
decided by lot : and the members of the division having this charge at any one period
was called ripurui-Eij for the time, and the period itself was called ^pDra^£ta. The 50
TlpvTavEig were subdivided into 5 portions of 10 members. These portions attended to
their business in rotation, each for a period of 7 days, and the members were called
Upotcpoi for that time, the name being taken from their sitting in the senate as presiding
officers. From the ll.p6z6poi was elected the 'E7ncrrdr?/f , who was at their head, and of
course at the head of the senate, but held the place only for a single day.— It was the
business of the llpvTavei? to asseinble the senate, and propose the subjects of delibera-
tion. They also conducted the meetings of the people, in which however they only
presided in connection with nine Ylpon^poi, who were chosen out of the other divisions
of the senate and had an 'ETrtorur/?? at their head. The Ylpmavei^ had a common hall,
where they passed most of their time daily, called the Frytaneum (Jlpvraveiov), near the
senate-house (BovXcTov, and BovXsvTfipiof).

2u. The members of the senate expressed their opinions standing, after which the
votes were taken. They received a drachma i6paxii>i) per day for every day's attend-
ance. The power of the senate was very great.

3. The senate commonly assembled every day, excepting festivals and days consi-
dered as unlucky. The senators were all required to take what was called the sena-
torial oath (tov PovKevTiKov bpKov) to do nothing contrary to the laws. In voting, they
cast each a black or white bean into the box or urn ((cdc'of, kuHckos) prepared for the
purpose ; if the number of white exceeded that of the black, the decree or resolution
was affirmed ; otherwise rejected.

§ 108. No court of justice in Greece was more celebrated than the Areopa-
gus at Athens. Its name, 'Apjt.o7tayo?, signifies Hill nf Mars, and was derived
from the circumstance, tliat the court was held on a hill so called, near the cita-
del. Others derive the name from the tradition, that the god IMars was the first
criminal tried before this tribunal. The time of its establishment is uncertain,
but was very early, before the age of Solon, who did not institute it, but en-
larged its jurisdiction and power. The members of this body {'ApscoTtayitai.)
were originally the most upright and judicious citizens of every condition, but
after the modifications made by Solon, only such as had been elected Archons.
Their office was held for life. All high criines, as theft, robbery, assassination,
poisoning, arson, and offences against religion, came before this court, which
inflicted in such cases death or fines. At first its sittings were only on the last
three days of each month : but afterwards they were more frequent, and at last
daily ; they were always in the open air, and at night.

1 71. The sitting was opened with a sacrifice, upon which both the accuser and the
accused took an oath with direful imprecations. Then, either personally or by attor-
neys, they urged their cause ; but no ornaments of rhetoric, no attempts to move the
passions, were ever allowed. After this the judges gave their decision by means of
white or black stones. As the court always sat in the dark, the white pebbles were
distinguished by holes bored in them. Two urns were used, one of wood to receive
the white stones, which were votes to acquit the defendant, and one of brass to re-
ceive the black, which on the other hand were votes for his condemnation. The sen-
tence was immediately put in execution. In early times the dignity and purity of this
tribunal stood very high ; but afterwards its character fell in the general corruption
of morals.

2. In their oath {Siwpofria) the plaintiff and defendant swore by the Furies {(rsixval Stai).
In tne trial they were placed upon what were called the silver stones (dpyvpovi), the
plantifF on that of Injury iv0pi;), and the defendant on that of Impude^ice (dvaikia), or
of Innocence {dvairia). — The brazen urn stood in front of the other, and was called 6
itnrooGdEv ; also h Kvpioq. bccause votes cast into it declared the accusation valid ; and
h ^nvdrov, as it decreed death. The wooden was termed h hniaoi, h wvpo;, or iXiov.

Respecting the pebbles used in decisions, cf. Anlhon'a Note to Potter, p. 71. On the Areopagus and the other courts of 4then^



p. III. CIVIL AFFAIRS. ATHENIAN COURTS. 185

see A. TV. Heffter, Die Athenaische Gerichtsverfassung. Coin, 1822. 8.— Af. H. E. M^ir, Der Atlische Process. Vier BUcher.
Halle, IS24. i.—.ibli Canaye, L'Areopagus, in the Mem. Acad. Iiucr, vii. 174.

§ 109. The 'E<|)I T'at were also persons of distinguished merit, who constituted
the court called 'Eytt Yla^xa^ia from the statue of Minerva (said by some to
have been brought from Troy) in the temple, where it was held. Its origin is
ascribed to Demophoon, a son of Theseus, and by others to Draco, who, if he
did not first institute it, certainly modified it anew. The judges were Jifly-one,
selected from noble families, five from each tribe, and one appointed by lot, all
over fifty years of age. Solon confirmed the powers of this court; but referred
to the Areopagus all the more important questions, leaving to the 'E^itat juris-
Jiction only over homicide, injuries followed by death, and the like.

There were three other less important courts belonging to the class which had
cognizance of actions concerning blood (irti Tfujv ^ovixmv). — The court 'Ertt
A^>^.^l-^'^.'9 was held in the temple of Apollo Delphinius, and took cognizance of
cases where the defendants confessed the fact but pleaded some justification. —
The court 'Ei/ Upv-taveuc) was held at the Prytaneum (cf. § 107) and investi-
gated cases of deaths by accidents, unknown agents, or persons that had
escaped. — The court 'Ev ^pfatrot was held upon the sea-shore in the Piraeus,
and heard the causes of such criminals as had fled out of their own country. —
In all these courts the 'E<pEtat, presided and pronounced the sentence.

The magistrates called (pvXoSaai'XETs are said to have had some duty iti the court ev IIpVTavsuo ;
especially in the cases termed at riov dxpvxo^v diKai, in which the instruments of homicide were
sulijectfd to trial. In the earliest times there were four of these magistrates; one perliaps from
each of the four tribes.

§ 110. Besides the courts already described, there was another class having
jurisdiction only in civil cases (Jril -ruiv 6*^,uoT'txwv), of which there were six.
The most important was the 'H'ktaia. Its name was either from aXt'a, multi-



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