Thus the province of Attica, containing a triangular tract of land with two sides about fifty miles long, and the third forty, was moulded into a well-united and well-regulated commonwealth, whose chief magistrate was yet hereditary, and retained the title of king. In consequence of so improved a state of things, the Athenians began the first of all the Greeks to acquire more civilised manners. Thucydides remarks that they were the first who dropped the practice, formerly general among the Greeks, of going constantly armed; and who introduced a civil dress in contradistinction to the military. This particularity, if not introduced by Theseus, appears to have been not less early, since it struck Homer, who marks the Athenians by the appellation of long-robed Ionians. If we may credit Plutarch, Theseus coined money; which was certainly rare in Greece two centuries after.
The rest of the history of Theseus affords little worthy of notice. It is composed of a number of the wildest adventures, many of them consistent enough with the character of the times, but very little so with what is related of the former part of his life. It seems indeed as if historians had inverted the order of things; giving to his riper years the extravagance of youth, after having attributed to his earliest manhood what the maturest age seldom has equalled. Whether this should be attributed altogether, or in any part, to the fancy which afterward prevailed among philosophical writers to mix mythology with history, will be rather for the dissertator than the historian to inquire. Theseus however, it may be proper to observe, is said to have lost in the end all favour and all authority among the Athenians; and though his institutions remained in vigour, to have died in exile. After him, Menestheus, a person of the royal family, acquired the sovereignty, and commanded the Athenian troops in the Trojan War.[d]
According to some historians, Theseus, however explained, deserves no credit for the Athenian union, since at the time this union took place, Theseus was not even a national hero but only a local and minor god worshipped about Marathon.
RISE OF POPULAR LIBERTY
We may perhaps safely conclude from analogy, that, even while the power of the nobles was most absolute, a popular assembly was not unknown at Athens; and the example of Sparta may suggest a notion of the limitations which might prevent it from endangering the privileges of the ruling body. So long as the latter reserved to itself the office of making, or declaring, of interpreting, and administering the laws, as well as the ordinary functions of government, it might securely entrust many subjects to the decision of the popular voice. Its first contests were waged, not with the people, but with the kings.
Even in the reign of Theseus himself the legend exhibits the royal power as on the decline. Menestheus, a descendant of the ancient kings, is said to have engaged his brother nobles in a conspiracy against Theseus, which finally compelled him and his family to go into exile, and placed Menestheus on the throne. After the death of this usurper indeed the crown is restored to the line of Theseus for some generations. But his descendant Thymœtes is compelled to abdicate in favour of Melanthus, a stranger, who has no claim but his superior merit. After the death of Codrus, the nobles, taking advantage perhaps of the opportunity afforded by the dispute between his sons, are said to have abolished the title of king, and to have substituted for it that of archon. This change however seems to have been important, rather as it indicated the new, precarious tenure by which the royal power was held, than as it immediately affected the nature of the office. It was indeed still held for life; and Medon, the son of Codrus, transmitted it to his posterity, though it would appear that, within the house of the Medontids, the succession was determined by the choice of the nobles. It is added however, that the archon was deemed a responsible magistrate, which implies that those who elected had the power of deposing him; and consequently, though the range of his functions may not have been narrower than that of the king’s, he was more subject to control in the exercise of them. This indirect kind of sway, however, did not satisfy the more ambitious spirits; and we find them steadily, though gradually, advancing towards the accomplishment of their final object—a complete and equal participation of the sovereignty.
After twelve reigns, ending with that of Alcmæon,[11] the duration of the office was limited to ten years; and through the guilt or calamity of Hippomenes, the fourth decennial archon,[12] the house of Medon was deprived of its privilege, and the supreme magistracy was thrown open to the whole body of the nobles. This change was speedily followed by one much more important. When Tlesias, the successor of Eryxias, had completed the term which his predecessor had left unfinished, the duration of the archonship was again reduced to a single year; and at the same time its branches were severed, and distributed among nine new magistrates.
Among these, the first in rank retained the distinguishing title of The Archon, and the year was marked by his name. He represented the majesty of the state, and exercised a peculiar jurisdiction—that which had belonged to the king as the common parent of his people, the protector of families, the guardian of orphans and heiresses, and of the general rights of inheritance. For the second archon the title of king, if it had been laid aside, was revived, as the functions assigned to him were those most associated with ancient recollections. He represented the king as the high priest of his people; he regulated the celebration of the mysteries and the most solemn festivals; decided all causes which affected the interests of religion, and was charged with the care of protecting the state from the pollution it might incur through the heedlessness or impiety of individuals. The third archon bore the title of polemarch, and filled the place of the king, as the leader of his people in war, and the guardian who watched over its security in time of peace. Connected with this character of his office was the jurisdiction he possessed over strangers who had settled in Attica under the protection of the state, and over freedmen. The remaining six archons received the common title of thesmothetes, which literally signifies legislators, and was probably applied to them, as the judges who determined the great variety of causes which did not fall under the cognisance of their colleagues; because, in the absence of a written code, those who declare and interpret the laws may be properly said to make them.