CHAPTER XXXVIII. THE DEMOCRACY RESTORED
The period intervening between the defeat of Ægospotami (October, 405 B.C.), and the re-establishment of the democracy as sanctioned by the convention concluded with Pausanias (some time in the summer of 403 B.C.), presents two years of cruel and multifarious suffering to Athens.
After such years of misery, it was an unspeakable relief to the Athenian population to regain possession of Athens and Attica; to exchange their domestic tyrants for a renovated democratical government; and to see their foreign enemies not merely evacuate the country, but even bind themselves by treaty to future friendly dealing. In respect of power, indeed, Athens was but the shadow of her former self. She had no empire, no tribute, no fleet, no fortifications at Piræus, no long walls, not a single fortified place in Attica except the city itself.
Of these losses, the Athenians made little account at the first epoch of their re-establishment; so intolerable was the pressure which they had just escaped, and so welcome the restitution of comfort, security, property, and independence at home. The very excess of tyranny committed by the Thirty gave a peculiar zest to the recovery of the democracy. In their hands, the oligarchical principle (to borrow an expression from Burke) “had produced in fact and instantly, the grossest of those evils with which it was pregnant in its nature”; realising the promise of that plain-spoken oligarchical oath, which Aristotle mentions as having been taken in various oligarchical cities—to contrive as much evil as possible to the people. So much the more complete was the reaction of sentiment towards the antecedent democracy, even in the minds of those who had been before discontented with it. To all men, rich and poor, citizens and metics, the comparative excellence of the democracy, in respect of all the essentials of good government, was now manifest. With the exception of those who had identified themselves with the Thirty as partners, partisans, or instruments, there was scarcely any one who did not feel that his life and property had been far more secure under the former democracy, and would become so again if that democracy were revived.
It was the first measure of Thrasybulus and his companions, after concluding the treaty with Pausanias and thus re-entering the city, to exchange solemn oaths of amnesty for the past, with those against whom they had just been at war. Similar oaths of amnesty were also exchanged with those in Eleusis, as soon as that town came into their power. The only persons excepted from this amnesty were the Thirty, the Eleven who had presided over the execution of all their atrocities, and the Ten who had governed in Piræus. Even these persons were not peremptorily banished: opportunity was offered to them to come in and take their trial of accountability (universal at Athens in the case of every magistrate on quitting office); so that if acquitted, they would enjoy the benefit of the amnesty as well as all others. We know that Eratosthenes, one of the Thirty, afterwards returned to Athens; since there remains a powerful harangue of Lysias invoking justice against him as having brought to death Polemarchus (the brother of Lysias).
We learn moreover from the same speech, that such was the detestation of the Thirty among several of the states surrounding Attica, as to cause formal decrees for their expulsion or for prohibiting their coming. The sons, even of such among the Thirty as did not return, were allowed to remain at Athens, and enjoy their rights as citizens unmolested; a moderation rare in Grecian political warfare.
The first public vote of the Athenians, after the conclusion of peace with Sparta and the return of the exiles, was to restore the former democracy purely and simply, to choose by lot the nine archons and the senate of Five Hundred, and to elect the generals—all as before. It appears that this restoration of the preceding constitution was partially opposed by a citizen named Phormisius, who, having served with Thrasybulus in Piræus, now moved that the political franchise should for the future be restricted to the possessors of land in Attica. His proposition was understood to be supported by the Lacedæmonians, and was recommended as calculated to make Athens march in better harmony with them. It was presented as a compromise between oligarchy and democracy, excluding both the poorer freemen and those whose property lay either in movables or in land out of Attica; so that the aggregate number of the disfranchised would have been five thousand persons. Since Athens now had lost her fleet and maritime empire, and since the importance of Piræus was much curtailed not merely by these losses, but by demolition of its separate walls and of the Long Walls—Phormisius and others conceived the opportunity favourable for striking out the maritime and trading multitude from the roll of citizens. Many of these men must have been in easy and even opulent circumstances; but the bulk of them were poor; and Phormisius had of course at his command the usual arguments, by which it is attempted to prove that poor men have no business with political judgment or action. But the proposition was rejected; the orator Lysias being among its opponents, and composing a speech against it which was either spoken, or intended to be spoken, by some eminent citizen in the assembly.
Unfortunately we have only a fragment of the speech remaining, wherein the proposition is justly criticised as mischievous and unseasonable, depriving Athens of a large portion of her legitimate strength, patriotism, and harmony, and even of substantial men competent to serve as hoplites or horsemen—at a moment when she was barely rising from absolute prostration. Never certainly was the fallacy which connects political depravity or incapacity with a poor station, and political virtue or judgment with wealth, more conspicuously unmasked than in reference to the recent experience of Athens. The remark of Thrasybulus was most true—that a greater number of atrocities, both against person and against property, had been committed in a few months by the Thirty, and abetted by the class of horsemen, all rich men, than the poor majority of the demos had sanctioned during two generations of democracy. Moreover we know, on the authority of a witness unfriendly to the democracy, that the poor Athenian citizens, who served on shipboard and elsewhere, were exact in obedience to their commanders; while the richer citizens who served as hoplites and horsemen and who laid claim to higher individual estimation, were far less orderly in the public service.
The motion of Phormisius being rejected, the antecedent democracy was restored without qualification, together with the ordinances of Draco, and the laws, measures, and weights of Solon. But on closer inspection, it was found that the latter part of the resolution was incompatible with the amnesty which had been just sworn. According to the laws of Solon and Draco, the perpetrators of enormities under the Thirty had rendered themselves guilty, and were open to trial. To escape this consequence, a second psephism or decree was passed, on the proposition of Tisamenus, to review the laws of Solon and Draco, and re-enact them with such additions and amendments as might be deemed expedient. Five hundred citizens had just been chosen by the people as nomothetæ or law-makers, at the same time when the senate of Five Hundred was taken by lot; out of these nomothetæ the senate now chose a select few, whose duty it was to consider all propositions for amendment or addition to the laws of the old democracy, and post them up for public inspection before the statues of the Eponymous Heroes, within the month then running. The senate, and the entire body of five hundred nomothetæ, were then to be convened, in order that each might pass in review, separately, both the old laws and the new propositions; the nomothetæ being previously sworn to decide righteously. While this discussion was going on, every private citizen had liberty to enter the senate, and to tender his opinion with reasons for or against any law. All the laws which should thus be approved (first by the senate, afterwards by the nomothetæ), but no others—were to be handed to the magistrates, and inscribed on the walls of the portico called Pœcile, for public notoriety, as the future regulators of the city. After the laws were promulgated by such public inscription, the senate of Areopagus was enjoined to take care that they should be duly observed and enforced by the magistrates. A provisional committee of twenty citizens was named, to be generally responsible for the city during the time occupied in this revision. As soon as the laws had been revised and publicly inscribed in the Pœcile pursuant to the above decree, two concluding laws were enacted which completed the purpose of the citizens.
The first of these laws forbade the magistrates to act upon, or permit to be acted upon, any law not among those inscribed; and declared that no psephism, either of the senate or of the people, should overrule any law. It renewed also the old prohibition (dating from the days of Clisthenes and the first origin of the democracy), to enact a special law inflicting direct hardship upon any individual Athenian apart from the rest, unless by the votes of six thousand citizens voting secretly.
The second of the two laws prescribed, that all the legal adjudications and arbitrations which had been passed under the antecedent democracy should be held valid and unimpeached—but formally annulled all which had been passed under the Thirty. It further provided that the laws now revised and inscribed, should only take effect from the archonship of Euclides; that is, from the nominations of archons made after the recent return of Thrasybulus and the renovation of the democracy.
By these ever memorable enactments, all acts done prior to the nomination of the archon Euclides and his colleagues (in the summer of 403 B.C.) were excluded from serving as grounds for criminal process against any citizen. To insure more fully that this should be carried into effect, a special clause was added to the oath taken annually by the senators, as well as to that taken by the heliastic dicasts. The senators pledged themselves by oath not to receive any impeachment, or give effect to any arrest, founded on any fact prior to the archonship of Euclides, excepting only against the Thirty and the other individuals expressly shut out from the amnesty, and now in exile. To the oath annually taken by the heliasts, also, was added the clause: “I will not remember past wrongs, nor will I abet any one else who shall remember them; on the contrary, I will give my vote pursuant to the existing laws”: which laws proclaimed themselves as only taking effect from the archonship of Euclides.
By additional enactments, security was taken that the proceedings of the courts of justice should be in full conformity with the amnesty recently sworn, and that, neither directly nor indirectly, should any person be molested for wrongs done anterior to Euclides. And in fact the amnesty was faithfully observed: the re-entering exiles from Piræus, and the horsemen with other partisans of the Thirty in Athens, blended again together into one harmonious and equal democracy.
Greek Seals
Eight years prior to these incidents, we have seen the oligarchical conspiracy of the Four Hundred, for a moment successful, and afterwards overthrown; and we have had occasion to notice, in reference to that event, the wonderful absence of all reactionary violence on the part of the victorious people, at a moment of severe provocation for the past and extreme apprehension for the future. We noticed that Thucydides, no friend to the Athenian democracy, selected precisely that occasion—on which some manifestation of vindictive impulse might have been supposed likely and natural—to bestow the most unqualified eulogies on their moderate and gentle bearing. Had the historian lived to describe the reign of the Thirty and the restoration which followed it, we cannot doubt that his expressions would have been still warmer and more emphatic in the same sense. Few events in history, either ancient or modern, are more astonishing than the behaviour of the Athenian people, on recovering their democracy, after the overthrow of the Thirty: and when we view it in conjunction with the like phenomenon after the deposition of the Four Hundred, we see that neither the one nor the other arose from peculiar caprice or accident of the moment; both depended upon permanent attributes of the popular character. If we knew nothing else except the events of these two periods, we should be warranted in dismissing, on that evidence alone, the string of contemptuous predicates,—giddy, irascible, jealous, unjust, greedy, etc.—one or other of which have been so frequently pronounced by unsympathetic or hostile critics 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 horsemen and the privileged three thousand hoplites in the city had made themselves partisans in every species of flagitious crime which could possibly be imagined to exasperate the feelings of the exiles. The latter on returning saw before them men who had handed in their relatives to be put to death without trial; who had seized upon and enjoyed their property; who had expelled them all from the city, and a large portion of them even from Attica; and who had held themselves in mastery not merely by the overthrow of the constitution, but also by inviting and subsidising foreign guards. Such atrocities, conceived and ordered by the Thirty, had been executed by the aid, and for the joint benefit (as Critias justly remarked) of those occupants of the city whom the exiles found on returning. Now Thrasybulus, Anytus, and the rest of these exiles, saw their 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.
[403-402 B.C.]
The men who had caused and profited by these losses—often with great brutality towards the families of the exiles, as we know by the case of 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 degree never exceeded in history. Yet with all this sting fresh in their bosoms, we find the victorious multitude, on the latter occasion as well as on the former, burying the past in an indiscriminate amnesty, and anxious only for the future harmonious march of the renovated and all-comprehensive democracy. We see the sentiment of commonwealth in the demos, twice contrasted with the sentiment of faction in an ascendant oligarchy; twice triumphant over the strongest counter-motives, over the most bitter recollections of wrongful murder and spoliation, over all that passionate rush of reactionary appetite which characterises 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 rule of Critias and those oligarchs who had just come back from exile: “harsh is a demos (observes Æschylus) which has just got clear of misery.” But the Athenian demos, on coming back from Piræus, exhibited the rare phenomenon of a restoration after cruel wrong suffered, sacrificing all the strong impulse of retaliation to a generous and deliberate regard for the future march of the commonwealth. Thucydides 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 depression 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.
If we wanted any further proof of their capacity for taking the largest and soundest views on a difficult political 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 Critias and the expulsion of the Thirty, had borrowed from Sparta the sum of one hundred talents [£20,000 or $100,000] for the express purpose of making war on the exiles in Piræus. After the peace, it was necessary that such sum should be repaid, and some persons proposed that recourse should be had to the property of those individuals 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. Put nevertheless both the democratical leaders and the people decidedly opposed it, resolving to recognise the debt as a public charge; in which capacity it was afterwards liquidated, after some delay arising from an unsupplied treasury.
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 Thirty. But such a project could hardly be realised without at the same time revising the laws, as a body, removing all flagrant contradictions, and rectifying what might glaringly displease the age either in substance or in style. Now the psephism of Tisamenus, one of the first 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 in the full Ionic alphabet.
Partly through this important reform, partly through the revising body, partly through the agency of Nicomachus, who was still continued as Anagrapheus [“Writer-up” of the old laws], the revision, inscription, and publication of the laws in their new alphabet was at length completed. But it seems to have taken two years to perform—or at least two years elapsed before Nicomachus went through his trial of accountability. He appears to have made various new propositions of his own, which were among those adopted by the nomothetæ: for these he was attacked, on a 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 sanctioned.
The archonship of Euclides, succeeding immediately to the Anarchy (as the period of the Thirty was denominated), became thus a cardinal point or epoch in Athenian history. We cannot doubt that the laws came forth out of this revision considerably modified, though unhappily we possess no particulars on the subject. We learn that the political 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 loss, narrowly escaping death from the Thirty (who actually put to death his brother Polemarchus) but had contributed a large sum to assist the armed efforts of the exiles under Thrasybulus in Piræus. As a reward and compensation for such antecedents, the latter proposed that the franchise of citizen should be conferred 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 isoteles, or non-freeman on the best condition, exempt from the peculiar burdens upon the class of metics.
Greek Fire Irons
(In the British Museum)
Such refusal of citizenship to an eminent man like Lysias, who had both acted and suffered in the cause of the democracy, when combined with the decree of Aristophon above noticed, implies a degree of augmented strictness which we can only partially explain. It was not merely the renewal of her democracy for which Athens had now to provide. She had also to accommodate her legislation and administration to her 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 Hellenotamiæ (originally named for the collection and management of the tribute at Delos, 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 theoricon, or religious festival-fund.
While the Athenian empire lasted, the citizens of Athens were spread over the Ægean in every sort of capacity—as settlers, merchants, navigators, soldiers, etc., which must have tended materially to encourage intermarriages between them and the women of other Grecian insular states. Indeed we are even told that an express permission of connubium with Athenians was granted to the inhabitants of Eubœa—a fact (noticed by Lysias) of some moment in illustrating the tendency of the Athenian empire to multiply family ties between Athens and the allied cities. Now, according to the law which prevailed before Euclides, the son of every such marriage was by birth an Athenian citizen; an arrangement at that time useful to Athens, as strengthening the bonds of her empire—and eminently useful in a larger point of view, among the causes of Panhellenic sympathy. But when Athens was deprived both of her empire and her fleet, and confined within the limits of Attica—there no longer remained any motive to continue such a regulation, so that the exclusive city-feeling, instinctive in the Grecian mind, again became predominant. Such is perhaps the explanation of the new restrictive law proposed by Aristophon.
Thrasybulus and the gallant handful of exiles who had first seized Phyle received no larger reward than a thousand drachmæ [£40 or $200] for a common sacrifice and votive offering, together with wreaths of olive as a token of gratitude from their countrymen. The debt which Athens owed to Thrasybulus was indeed such as could not be liquidated by money. To his individual patriotism, in great degree, we may ascribe not only the restoration of the democracy, but its good behaviour when restored. How different would have been the consequences of the restoration and the conduct of the people, had the event been brought about by a man like Alcibiades, applying great abilities principally to the furtherance of his own cupidity and power!