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A history of Greece: from the earliest period to the close of the generation contemporary with Alexander the Great online

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further with his action, but is con- plaintiff the like forfeit or epobely.

is not only disabled from proceeding to receive besides at once from the
further with his action, but i» con- plaintiff the like forfeit or epobely.
den" '>d besides to pav to the defendant Information on these regulations of

the . urfeit called Epobely ; that is, one- procedure in the Attic dikasteries may

sixth pari of the sum claimed. But if, be found in Meier and Schdnuuui»

on the contrary, the verdict on the Attischer Process, p. M7, Platner,

special issue be m favour of the plain- Prozess und Klagen, voL L pp. 160—

tur, he is held entitled to proceed 162.

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Chap. LXVL



giddy, irascible, jealous, unjust, greedy, &c - one or other of
which Mr. Mitford ao frequently pronounces, and insinuates even
when he does not pronounce them, respecting the Athenian
people.^ A people whose habitual temper and morality merited
these epithets could not have acted as the Athenians acted both
after the Four Hundred and after the Thirty. Particular acts
may be found in their history which justify severe censure ; but
as to the permanent elements of character, both moral and
intellectual, no population in history has ever afforded stronger
evidence than the Athenians on these two memorable occasions.
If we follow the acts of the Thirty, we shall see that the Horse-
men and the privileged Three Thousand hoplites in Qenerons
the city had made themselves partisans in every and
species of flagitious crime which could possibly be tS^wou/
imagined to exasperate the feelings of the exiles. £^^®g_
The latter on returning saw before them men who contrasted
had handed in their relations to be put to death ^*the
without trial, who had seized upon and enjoyed their «U«a«liy-
property, who had expelled them all from the city, and a large
portion of them even from Attica, and who hod held themselves
in mastery not merely by the overthrow of the constitution, but
also by inviting and subsidizing foreign guards. Such atrocities,
conceived and ordered by the Thirty, had been executed by the

1 Wachsmnth— who admits into his
work, with littlo or no criticism, every-
thing which has ever been said against
the Athenian people, and indeed
against the Greeks generally— a£Bnns,
contrary to all evidence and proba-
bility, that the amnestv was not really
observed at Athens, (waohsm. Hellen.
Alterth. ch. ix. s. 71, vol. U. p. 267.)

The simple and distinct words of
Xenoph6n- coming as they do from
the month of so very hostfle a witness
—are sofficient to refute him— ical 6ia6-

cri^cat yvv bfiw yf voAircUorrat, xoi
Toiv opxotf iuudvti o J^MOf
(Hellen. U. 4, 48).

The passages to which Wachsmnth
makes reference do not in the least
establish his point. Even if actions at
law or accusations had been brought,
in violation of the amnesty, this would
not prove that the people violated it ;
unless we also knew that the dikastery
had affirmed those actions. Hut he

does not refer to any actions or accusa-
tions preferred on any such ground.
He only notices some cases in which
accusation being preferred on grounds
subsequent to KuUeidte, the accuser
makes allusion in his speech to other
matters anterior to Bukleidds. Now
every speaker before the Athenian
dikasterv thinks himself enUUed to
call up before the dikasts the whole
past Ufe of his opponent, in the way of
analogous evidence going to attest the

Kneral character of the totter, good or
4. For example, the accuser of
Sokratto mentions, as a point going ta
impeach the general character of
Sokratto, that he had been the teacher
of Kritias ; while the philosopher in
his defence alludes to his own resolu-
tion and virtue as Prytanis in the
assembly by which the generals were
condemned after the battle of
Arginusn. Both these alludona
come out as evidences to general

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690 THE DBMOCBACT B£8T0&E1>. Past H.

aid, and for the joint benefit (as KriUas justly remarked^) of
those occupants of the city whom the exiles found on r^undng.
Now Thrasybulns, Anytus, and the rest of these exiles saw thi^
property all pillaged and appropriated by others during the few
months of their absence : we may presume that their lands —
which had probably not been sold, but granted to individual
members or partisans of the Thirty ' — were restored to them ;
but the movable property could not be reclaimed, and the losses
to which they remained subject were prodigious. The men who
had caused and profited by ^ese losses '-—often with great bruta-
lity towards the wives and families of the exiles, as we know by
the case of the orator Lysias — were now at Athens, all individually
well known to the sufferers. In like manner, the sons and
brothers of Leon and the other victims of the Thirty, saw before
them the very citizens by whose hands their innocent relatives
had been consigned without trial to prison and execution.* The
amount of wrong suffered had been infinitely greater than in the
time of the Four Hundred, and the provocation, on every ground
public and private, violent to a d^ree never exceeded in history.
Yet with all this sting fresh in their bosoms, we find the vic-
torious multitude, on the latter occasion as well as on the former,
burymg the past in an indiscriminate amnesty, and anxious only
for the future harmonious march of the renovated and all-com-
prehensive democracy. We see the sentiment of commonwealth

" Xenoph. Hellen. IL 4, 9. to state that the people had passed a

.xenoph. Helleiu ii 4 1.. J,o. W J2reo^£SS<^SKS?^s^p,SS^

«4 ^lAoi Tovs rovTwv aypovs «xoier. diaappointed¥im of it We may weU

sisokratte oont KalUmach. Or. donbt whether sach vote ever really

xviiL a 80. passed.

BpairvfiovKot itJh khu *Anm>f , fiiyt<r^ It appeara however that Batraohns,

rov fjAp Swanti^oi rmv iv ng w6Kn, one of ihe chief informers who brought

vokXmv ii avtartpTiftivoi xp^^rwi^. in victims for the Thirty, thooght it

^ii&rts ik rov9^ ivoypa^ovTov, o/mk ov prudent to live afteru-ards oat of

ToAfiwtftr airocv Sucaf Kayxiiftiv ov6i Attica (Lysias cont. Andokid. Or. vL a

li^ffuctucwt dAA* cl Kol vtpi xAv oAAmf 40), thoneh he would h»ve been legaOy

fiakkor Mpmp iiSvayran. ita1rparTt<rtfa^ protected by the amnesty.

^UX* oiv V9fil yt ruv iv ralf wvOi^Kan « AndoUdds de Mystariis, & M.

Ivov «x«»»' roU oAAot? a^iovcnv. M«Ai)ro« 3* ai otroai atniyaytr htl rm»

On the oUier hand, the yoang Alld- rptoKovra \iovra, «« \nUl% avarrrc Iwrt,

biadte (in the Orat. XvL of Isosratte, kqX aw4$aa^tp ccetrof cuepirof . . . .

De Bigis, s. 66) is made to talk about ll^ror rcCwv rotv wtuai roU rov A^r>

others recovexlng their property — ntv rov ovk itrri^ ^vw 5(«»c«ir, ot» toIv

oAAmf KOfii^0fi4vnv ra^ oixriai. My v6fun9 itiyp^cihtt. av' EuxActSov ^x®*^

statement in the text reconciles these roc * cirtl uc y* ovk m,wirr*y*^t ov^ «vt«c

two. The young Alkibiadto goes on dvnAryci.

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chaf. lxvl conduct of the ougarcht. 621

in the Demos twice contrasted ^-ith the sentiment of &ction in
an ascendant oligarchy ;^ twice triumphant over the strongest
coonter-motiyes, over the most bitter recollections of wrongful
murder and spoliation, over all that passionate msh of reactionary
appetite which characterizes the moment of political restoration.
" Bloody will be the reign of that king who comes back to his
kingdom from exile," says the Latin poet : bloody indeed had
been the rale of Eritias and those oligarchs who had just come
back from exile—*' harsh is a Demos (observes u£schylus) which
has just got clear of misery ".' But the Athenian Demos, on
coming back from Peirsens, exhibited the rare phenomenon of a
restoration, after cniel wrong snfifered, sacrificing all the strong
impulse of retaliation to a generous and deliberate regard for the
future march of the commonwealth. Thucydid^ remarks that
the moderation of political antipathy which prevailed at Athens
after the victory of the people over the Four Hundred was the
main cause which revived Athens from her great public de-
pression and danger.' Much more forcibly does this remark
apply to the restoration after the Thirty, when the public
condition of Athens was at the lowest depth of abasement, from
which nothing could have rescued her except such exemplary
wisdom and patriotism on the part of her victorious Demos.
Nothing short of this could have enabled her to accomplish that
partial resurrection — ^into an independent and powerful single
state, though shorn of her imperial power — ^which will furnish
material for the subsequent portion of our history.

While we note the memorable resolution of the Athenian
people to forget that which could not be remembered
without ruin to the future march of the democracy, people to
we must at the same time observe that which they {£^rights
took special pains to preserve from being forgotten. **^PJ^lJ*
They formally recognized all the adjudged cases and
all the rights of property as existing under the democracy
anterior to the Thirty. " You pronounced, fellow-citizens (says
Andokid^), that all Uie judicial verdicts and all the decisions of
arbitrators passed under the democracy should remain valid, in

« SichjlS^SSpt i^I^eb. t. 1047. " Thucyd. Tili. Vr

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order that there might be no abolition of debts, no reversal of
private rights, but that every nian might have the means of
enforcing contracts due to him by others.''^ If the Athenian
people had been animated by that avidity to despoil the rich, and
that subjection to the passion of the moment, which Mr. Mitford
imputes to them in so many chapters of his history, neither
motive nor opportunity was now wanting for wholesale con-
fiscation ; of which the rich themselves, during the dominion of
the Thirty, had set abundant example. ' The amnesty as to
political wrong, and the indelible memory as to the rights
of property, stand alike conspicuous as evidences of the reel
character of the Athenian Demos.

If we wanted any further proof of their capacity of taking the
BApayment ^^^^^^ ^1^ soundest views on a difficult political
toUbeiAce- situation, we should find it in another of their

^^ ' measures at this critical period. The ten who had
succeeded to oligarchical presidency of Athens, after the death of
Eritias and the expulsion of the Thirty, had borrowed from
Sparta the sum of one hundred talents, for the express purpose
of making war on the exiles in Peirseus. After the peace, it was
necessary that such sum should be repaid, and some persona
proposed that recourse should be had to the property of those in-
dividuals and that party who had borrowed the money. The
apparent equity of the proposition was doubtless felt with
peculiar force at a time when the public treasury was in the
extreme of poverty. But, nevertheless, both the democratical
leaders and the people decidedly opposed it, resolving to reco^ize
the debt as a public charge ; in which capacity it was afterwards
liquidated, after some delay arising from an unsupplied treasury.^

All that was required from the Horsemen or Knights who had
,^^ been active in the service of the Thirty was that they

Horsemen should repay the sums which had been advanced to
^ ^^ them by the latter as outfit Such advance to the
Horsemen, subject to subsequent repayment, and seemingly dis-
tinct from the regular military pay, appears to have been

1 Andokidte de Mysteriis, a. 88. row y/votvro, AXki. twf Uimv wnfioXaimv mi

Itkp iucaf, & avSati, icai rat ikairat vpdL^tf ctcv.

cvoii^trarc itvpiajt «ir«i, hw69a». iv di|Mo- ^ leokiHtte, Areopaxit. Or. tU. t. 77 ;

Kparovitdirg rjl v6A«i jytroiTo, 5««>f «i^rc Demostbente, contra Leptlninn, o. 5,

XPCMV ajrQKOwat tUv fii/jn 56ca« drMUCot p. 4S0

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customary practice under the previous democracy ;* but we may
easily believe that the Thirty had carried it to an abusive excess,
in their anxiety to enlist or stimulate partisans, when we recollect
that they resorted to means more nefarious for the same end.
There were, of course, great individual differences among these
Knights as to the degree in which each had lent himself to the
misdeeds of the oligarchy. Even the most guilty uf them were
not molested ; and they were sent, four years afterwards, to serve
with Agesilaus in Asia, at a time when the Lacedaemonians
required from Athens a contingent of cavalry*— the Demos being
well pleased to be able to provide for them an honourable foreign
service. But the general body of Knights suffered so little dis-
advantage from the recollection of the Thirty, that many of them
in after-days became senators, generals, hipparchs, and occupants
.'f other considerable posts in the state.*

Although the decree of Tisamenus — ^prescribing a revision of
the laws without delay, and directing that the laws Bevision of
when so revised should be posted up for public view, Nik^^'"^
to form the sole and exclusive guide of the Dikasteries naachua.
— had been passed immediately after the return from Peirsdus
and the confirmation of the amnesty, yet it appears that consider-
able delay took place before such enactment was carried into full
effect A person named Nikomachus, being charged with the
duty, stands accused of having performed it tardily as well as
corruptly. He, as well as Tisamenus,^ was a scribe, or secretary ;

1 Lysias pro Mantitheo, Or. zvl t. 6 certAlntr eonceming it : see the StaatR-

—8. I accept substantially the ex- hansh. der Athener, Appendix, vol. ii.

planation which Harpokiatidn and pp. 207, 208.

Photiiis give of the word ffardtfraa-tv, ^ Xenoph. Hellen. iii. 1, 4.

in spite of the objections taken to it by > Lysias, Or. xvL pro Mantitbeo,

M. Boeckh, which appear to me not t. 9, 10 ; Lysias, cent. Bvandr. Or. xxvi.

founded upon any adequate ground. I s. 21—26.

cannot but think that Reiske is right We see from this latter oration (s.

in distinguishing icaraorao-tf from the 26) that Thrasybulns helped some of

pay— fLt(r^6«. the chief persons, who had been in the

See Boeckh, Public Economy of city and had resisted the return of the

Athen.s. b. ii. sect 19, p. 250. In the exiles, to get over the diflSculties of

Appendix to this work (which is not the Dokimasy (or examination into

translated into English along with the character, previously to being admitted

work itself) he further gives the Frag- to take possession of any office, to

ment of an Inscription which he con- which a man had been either elected

siden to bear upon this resumption of or drawn by lot) in after-yeare. He

KaTdrraaiK from the Horsemen or spoke in favour of Bvander, in order

Knights after the Thirty. But the that the latter might be accepted as

Fragment is so very imperfect, that King-Arcbon.

nothing, can be affirmed with ary ^l presume confidently that Tisa-

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under which name was included a class of paid officers, hi^ly
important in the detail of business at Athens, though seemingly
men of low birth, and looked upon as filling a subordinate station,
open to sneers from unfriendly orators. The boards, the magis-
trates, and the public bodies were so frequently changed at
Athens, that the continuity of public business could only have
been maintained by paid secretaries of this character, who devoted
tliemselves constantly to the duty.^

Nikomachus had been named, during the democracy anterior
to the Thirty, for the purpose of preparing a fair transcript, and
of posting up afresh probably in clearer characters, and in a
place more convenient for public view) the old laws of Solftn.
We can well understand that the renovated democratical feeling
— which burst out after the expulsion of the Four Hundred
and dictated the vehement psephism of Demophantus — might
naturally also produce such a commission as this, for which
Nikomachus, both as one of the public scribes or secretaries and
as an able speaker,^ was a suitable person. His accuser (for
whom Lysias composed his thirtieth oration now remaining)
denounces him as having not only designedly lingered in the
business, for the purpose of prolonging the period of remunera-
tion, but even as having corruptly tampered with the old laws,
by new interpolations as well as by omissions. How far such
charges may have been merited we have no means of judging ;
but even assuming Nikomachus to have been both honest and
diligent, he would find no small difficulty in properly discharging
his duty of Anagrapheus,' or " Writer-up," of aU the old laws of

meniu the scribe, mentioned in Lysias snppose that these secretwies alter-

cont. Nikomach. s. 87, is the same nated among themselves from one

Eiraon as Tisamenns named in Ando- board or office to another. Their great

dds de Mysteriis (s. 88) as the pro- nsefolness consisted in the fact that

poser of the memorable psephism. they were constantly in the serriccv

^ See M. Boeckh's Public Economy und thus kept np the continuoos marck

of Athens, b. ii. c 8. p. 186, Eng. Tr., of the details.

for a summary of all that is Imown , , ,^.„„ r^ ,^^ ^^a. tcjw,^,^.^

rating theie ypaf4,*«T«rj or secre- ^ ^^^*°"' ^' "^- ^'**- N>^<«°*<*-

The expression in Lysias cont. Niko- > Lysias, Or. xzx. cont Nikomach.

mach. t. 88— «Ti vwoyfxkft.nartvo'ai ovk s.88. Wachsmuth calls him erroneously

escort 6U rhv avrbr rn apvv -rn avrS—is Antigrapheus instead of Anagraphens

correctly explained by M Boeckb as (Hellen. Alterth. toL iL, ix. p. WX

havinff a very restricted meaning, and It seems bv Orat. Tii. of Lysias (s. 20.

as only applying to two successive 36. 89) that Nikomachus was at enmitr

years. And I think we may doubt with various persons who employed

whether in practice it was rigidly Lysias as their logograph or spe»^-

adhered to ; though it Is possible to writer.

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Athens, from Soldn downward. Both the phraseology of these
old laws and the alphabet in which they were written were in
many cases antiquated and obsolete ;^ while there were donbtless
also cases in which one law was at variance, wholly or partially,
with another. Now, such contradictions and archaisms would be
likely to prove offensive, if set up in a fresh place, and with clean
new characters ; yet Nikomachus had no authority to make the
<^mallest alteration, and might naturally therefore be tardy in a
commission which did not promise much credit to him in its

These remarks tend to show that the necessity of a fresh
collection and publication (if we may use that word)
of the laws had been felt prior to the time of the theliiiier^
Thirty. But such a project could hardly be realized Jjp^^^
without at the same time revising the laws as a body, in place of
removing all flagrant contradictions, and rectifying Attic, for
what might glaringly displease the age either in sub- JJj^jJ*^'*
stance or in style. Now tiie psephism of Tisamenus,
one of the iirst measures of the renewed democracy after the
Thirty, both prescribed such revision and set in motion a revising
body ; but an additional decree was now proposed and carried by
Archinus, relative to the alphabet in which the revised laws
should be drawn up. The Ionic alphabet— that is, the full Greek
alphabet of twenty-four letters, as now written and printed — ^had
been in use at Athens universally for a considerable time^
apparently for two generations ; but, from tenacious adherence
to ancient custom, the laws had still continued to be consigned
to writing in the old Attic alphabet of only sixteen or eighteen
letters. It was now ordained that this scanty alphabet should
be discontinued, and that the revised laws, as well as all
future public acts, should be written up m the full Ionic

Partly through this important reform, partly through the
revising body, partly through the agency of Nikomachus, who
was still continued as Anagrapheus, the revision, inscription,
and publication of the laws in their new alphabet was at length

1 Lysias, Or. x. oont. Theomnest A. Franz. Blement. Epigraptaio. Qran;.
B. 16— SO. Introd. pp. 18—24.

s See Taylor, Vit LysisB, pp. 68, 64 ;

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completed. But it seems to Lave taken two years to perform, or
at least two years elapsed before Nikomachus went through his
trial of accountability.* He appears to have made varioua new
propositions of his own, which were among those adopted by the
NomothetsB : for these his accuser attacks him, on the trial of
accountability, as well as on the still graver allegation of having
corruptly falsified the decisions of that body, writing up what
they had not sanctioned, or suppressing that which they had

The archonship of Eukleid^ succeeding immediately to the
Memorable Anarchy (as the archonship of Pythoddrus, or the
tf*M^ period of Ihe Thirty, was denominated), became thus a
ship of cardinal point or epoch in Athenian history. We

The Rhetor cannot doubt that the laws came forth out of this
LyBiat. revision considerably modified, though unhappily we

possess no particulars on the subject We learn that the polilica]
franchise was, on the proposition of Aristophon, so far restricted
for the future that no person could be a citizen by birth except
the son of citizen parents on both sides ; whereas previously it
had been sufficient if the father alone was a citizen.' The rhetor
Lysias, by station a metic, had not only suffered great Ices,
narrowly escaping death from the Thirty (who actually put to
death his brother PolemarchusX but had contributed a large sum
to assist the armed efforts of the exiles under Thrasybulus in
PeirsBus. As a reward and compensation for such antecedents,
the latter proposed that the franchise of citizen should be con-
ferred upon him; but we are told that this decree, though
adopted by the people, was afterwards indicted by Archinus as
illegal or informal, and cancelled. Lysias, thus disappointed of
the citizenship, passed the remainder of his life as an IsotelSs, or
non-freeman on the best condition, exempt firom the peculiar
burdens upon the class of metics.*

1 Lysias, cont. Nikom. 8. 3. His icplm nttMotlvBai roi^ iV iiuWpar

•emploTment had lasted six years ro^totfco-^oy A^oyt^biraf , dkc

altogether : four yean before the The tenor of the oration, however.

Thirty-— two years after them— s. 7. is onfortonately obscure.

At leaat this seems the sense of the ,i3«„,or. vitt. De Kiron. Sort. s.

•Ipresnmethistobethesenseofs. 61 ;^mosthen. cont. Eubulid. c W,

il of the Oration of Lysias a^^nst him V"''^-

— «l tihf vtf^ vf irifinv « p* rij* iafoypm^, 4 PlntardlfTlt X. OttJtiL (Lystas) p.

4^ : also s. 8&— 46— jropaxaJ^ovfMr iv rj 886 ; Taylor, Yit. Lysin, |». M.

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Chap. LXVI. RESTBICTION op citizenship — LT8IAS. 627

Such refusal of citizenship to an eminent man like Lysia^f
who had both acted and suffered in the cause of the other
democracy, when combined with the decree of Aris- changes at
tophon above noticed, implies a degree of augmented a^ilSon of
strictness which we can only partially explain. It was S HeS^
not merely the renewal of her democracy for which tami»-re.
Athens had now to provide. She had also to accom- the right^of
modate her legislation and administration to her ci**»M>»b>P-
future march as an isolated state, without empire or foreign
dependencies. For this purpose material changes must have
been required : among others, we know that the Board of HellS-
notamise (originally named for the collection and management of
the tribute at DSlos, but attracting to themselves gradually more
extended functions, until they became ultimately, immediately
before the Thirty, the general paymasters of the state) was
discontinued, and such among its duties as did not pass away
along with the loss of the foreign empire were transferred to two
new officers — ^the treasurer at war and the manager of the
Thedrikon, or religious festival fund.^

Respecting these two new departments, the latter of which
especially became so much extended as to comprise most of the
disbursements of a peace-establishment, I shall speak more fully
hereafter ; at present I only notice them as manifestations of
the large change in Athenian administration consequent upon

Online LibraryGeorge GroteA history of Greece: from the earliest period to the close of the generation contemporary with Alexander the Great → online text (page 59 of 62)