« EelmineJätka »
upon it, and protested against any fictitious creditors springing up afterwards to my prejudice 1-how comes it that you did not disclose any of these debts then, but that now, when you have given me your inventory two months after the time, the law requiring it to be given within three days, creditors have made their appearance, and debts of more than three talents? The reason, my good sir, is plain. You are simply contriving, that you may have private debts to the same amount as the debt which I have incurred to the state. That your account is false, Phænippus, and that you have come into court a perjured man, I will prove this very minute beyond a doubt.
Please, Usher, to take the deposition of antides and Theoteles, whom the respondent has falsely entered as his creditors for four thousand drachms; he having paid them long ago, not voluntarily, but after a judgment obtained against him. Read.
Here, men of the jury, is a person, who has made out an inventory that is manifestly fraudulent from beginning to end-who has paid no regard either to the laws which fix the time in which the inventory should be made out, or to those private agreements which we are accustomed to consider as equally binding—who, further, has broken the seals of the buildings and carried away the corn and the wine that was stowed inside-who, in addition to this, has after the exchange sold timber to the value of more than thirty minas, and (what is worst of all) who has concocted false debts for the purpose of the exchange! Will you then decide that this person has made out an honest inventory? Far be such a thing from your thoughts, men of the jury! Failing to get your verdict, what is one to have recourse to-when wealthy men, who have never done any good to you, who produce a large quantity of corn and wine and dispose of it for treble the price they did formerly, obtain undue advantage in your courts? Let not this happen now, I entreat you; but, as you have given public relief to all those engaged in the mining business, so now afford relief to me in my
1 Pabst "und Dich vor Zeugen beschwor, nicht etwa erdichtete Schuldner auftreten zu lassen."
private capacity. Surely, if I had been your slave, instead of your fellow-citizen, yet, seeing my industrious habits and my good will to you, you would have allowed me a respite from my heavy charges, and called upon one of the rest who was shirking his duty. I ask for the like treatment under existing circumstances. Hereafter, when I have paid you the three talents for which I became liable and have recovered my losses, you will relieve some other distressed person and come upon me. But now, men of the jury, discharge me, I beseech you. I have made out an honest case, and I implore you to give me your assistance, and not suffer me to be oppressed by my adversaries.
TRIBES AND TOWNSHIPS.
Or the more ancient divisions of Attica, and of the four tribes which existed before the innovations of Clisthenes, it is not my intention to give an account here. I shall content myself with referring to my epitome of the subject under title Tribus in the Archæological Dictionary, and to the authorities there indicated. Let the reader only bear in mind, that each tribe was divided into three pparpiai, fraternities, or clans, (as I have translated it,) analogous in their political relations to the Roman Curia; and each clan into thirty yén, or families, in the larger sense of the term family, corresponding to the Roman Gens. Each family was distinguished by a name of a patronymic form, derived from some hero or mythic ancestor, as Eumolpide; though in process of time, as might be expected, these divisions did not necessarily import family connexion. The members of the clans and families had their respective religious rites and festivals, which were preserved long after the communities had lost their political importance.
Before the time of Solon there was a gradation of ranks, said to have been established by Theseus; the Eupatrida, or Nobles; the Geomori, or Agriculturists; and the Demiurgi, or Artisans. Solon abolished these distinctions, and introduced his property qualification, of which I have spoken elsewhere. (See Volume I. Appendix IV.) He however made no change in the constitution of the ancient tribes; which were thought to keep up artificial distinctions, not agreeing with that fusion of all ranks, which it was the object of a later generation to accomplish; and accordingly, after the expulsion of the sons of Pisistratus, the four old tribes were abolished, and the whole state reorganised.
Clisthenes, the leader of this democratic reform, (whose institu tions continued to be in force, with some few interruptions, till the overthrow of Athenian independence,) created ten new tribes, first dividing the whole territory of Attica into a hundred parts, which he called Snuo, or townships, and assigning ten of these to each tribe; not however ten contiguous ones, but so that each tribe might be composed of townships locally separate. The object of this arrange ment was, that by the breaking up of old associations a perfect
revolution might be effected in the habits and feelings, as well as in the political organisation of the people. The clans and families continued to exist as private communities, and to preserve their peculiar religious observances, with which Clisthenes did not choose to interfere. Many priestly offices belonged by ancient right to certain families; and the removal of all distinction between them would have been attended with a shock to religious sentiment. While however they were retained for these and other private purposes, their political importance was mostly transferred to the new corporations. And they were kept quite distinct, so that people of the same clans and families might belong to different tribes and townships.
The tribes were named from the ancient Attic heroes, Cecropis, Erechtheis, Pandionis, Egeis, Hippothoontis, Eneis, Acamantis, Antiochis, Leontis, Æantis. Such was the machinery of the new system, that every tribe had an equal share of political honours and power. The Council of five hundred was constituted by choosing fifty from each tribe. The six thousand jurors were obtained by taking six hundred from each. So of the ten Generals, the ten Phylarchs (who commanded the cavalry), the ten Auditors, the ten Treasurers, &c. &c.; one was chosen from each tribe. All these whom I have mentioned were taken from the tribes, but chosen by the people at large, either by lot or suffrage. Some other public functionaries however were elected by the tribes themselves, as the Shipbuilders, Trieropæi, the Conservators of walls, Teichopai; likewise the Choragi, the Gymnasiarchs, and Architheori (as to whom see Volume III. Appendix II.). There were tribe-meetings as well for the transaction of business imposed by the state, as for the regulation of their corporate affairs: for every tribe had lands and property of its own, its own business, its own feasts, its own officers. Of these, the principal were the Superintendents, Epimeleta; who presided at the tribe-meetings, and who, as we learn from the oration against Midias, had various duties connected with the scenic and other exhibitions at the public festivals; for example, to see that the Choragi were duly nominated, and performed the parts assigned to them; to preside at the games and contests, to assist in the preparations for them, preserve order, and the like. (See Schömann, De Comitiis, 368–375.)
That the tribes audited the accounts of officers entrusted with their monies, and had power to impose pecuniary fines upon those who were found guilty of embezzlement, may be collected from the oration against Theocrines, who was condemned by his tribe (the Leontian) to pay seven thousand drachms to the hero of the tribe,' for the payment of which he afterwards made an arrangement under the sanction of a decree of his fellow-tribesmen. (See Schömann, ibid. 373.)
The townships, which were at first a hundred in number, were in process of time subdivided, and in the time of Strabo they amounted (1) ἃς ὤφλεν ἐν ταῖς εὐθύναις τῷ ἐπωνύμῳ τῆς αὑτῶν φυλῆς. Demosth. cont. Theocrin. 1326.
to a hundred and seventy-four. This subdivision was found convenient, in consequence of the increase of population, the building of new towns, and similar causes. Two new tribes had been created in the year B.C. 307, which necessitated some change in the demi. A list of all the demi is given in Reiske's Index Demosthenicus. Some of them took their names from the towns, villages, or places within their precinct, as Marathon, Acharnæ, Brauron, Sunium, Phalerum, Piræus, Lampra, Icaria, Thoricus, Decelea, Enoe, Eleusis, Rhamnus, Melita, Colyttus: others from the families which settled in them, as the Butadæ, Dædalidæ, Ionidæ, Semachida, Cothocidæ, Pæonidæ, Philaidæ, Cyrtiada, Chollidæ, Scambonidæ, &c. The largest of them all was Acharnæ, famous for having given name to the Acharnians of Aristophanes, and which, as Thucydides tells us, furnished not less than three thousand heavy-armed soldiers in the Peloponnesian war.
The townships, like the tribes, had their corporate affairs, as well as those of a more public nature, to attend to. Each of them had its own separate property, its lands, temples, and religious worship; its priests, councillors, and officers. The fellow-townsmen frequently met, either for elections, or for financial business, or other purposes. Their most important meetings were held at Athens; which was probably most convenient; for men did not necessarily reside in the district of which they were members. The chief magistrate of each township was called the demarch, (prefect or mayor,) who, besides local duties, performed many of considerable importance to the whole commonwealth. He convened and presided at the corporate assemblies, kept the books of his township, collected rents or debts that were due to it. He kept a register not only of the corporate property, but of the Landed estates of all private persons (whether townsmen or not townsmen) within his district; and from this he made returns for the purpose of the property-tax assessment. He also furnished a list of such of his fellow-townsmen as were fit to serve in war, as we learn from the oration against Polycles (page 1208). A law is cited by Demosthenes in the speech against Macartatus (page 1269), requiring the demarch to provide for the burial of the dead, in case of neglect by the heirs and relations, (to whom he was first to give notice,) and imposing on him, in case of default, a penalty of a thousand drachms. There were forty itinerant judges, called sometimes the Forty, and sometimes the District judges, who made circuits round the various townships, to decide small causes, not exceeding the value of ten drachms, and also actions of assault and battery, and certain actions of trespass, and charges of rape. These they decided without a jury 3
(1) An Athenian citizen might possess land in a foreign township, paying a small rent or acknowledgment to the demarch. Such possession was called έγκτησες. Apollodorus (in the Oration against Polycles, 1208) says, he was returned in three townships as a person it to pay the προεισφορά.
(2) dikaσTai KaTà dnuous. They were originally thirty; ten were afterwards added, when the thirty tyrants had rendered that number odious.
(3) See Meier and Schömann, Att. Proc. 544. Schömann, Ant. Jur. Publ. 267. The speech of Demosthenes against Conon was delivered before the District judges.