The Online Library of Liberty

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• Introduction.
• Explanation of Terms For the English Reader.
• The Constitution of Athens.
• Chap. I.: Kylon.
• Chap. II.: The Oligarchical Constitution.
• Chap. III.: Before Draco’s Time.
• Chap. IV.: Draco’s Laws.
• Chap. V.: Civil Dissensions; Solon.
• Chap. VI.: Solon; Charge Against Him.
• Chap. VII.: His Constitution.
• Chap. VIII.: Solon’s Constitution.
• Chap. IX.: How Solon Gave Power to the People.
• Chap. X.: Reforms the Currency, Weights and Measures.
• Chap. XI.: Goes Abroad.
• Chap. XII.: The Testimony of His Own Poems.
• Chap. XIII.: Party Divisions Immediately Following.
• Chap. XIV.: Peisistratus Makes Himself Tyrant; His Exile and Return.
• Chap. XV.: How He Disarmed the People.
• Chap. XVI.: His Government Moderate and Popular.
• Chap. XVII.: Succeeded By His Sons.
• Chap. XVIII.: Harmodius and Aristogeiton.
• Chap. XIX.: Expulsion of the Peisistratidæ.
• Chap. XX.: Isagoras and Kleisthenes.
• Chap. XXI.: The Constitution of Kleisthenes.
• Chap. XXII.: The Times Immediately Following; Ostracism; Building of a Hundred Triremes.
• Chap. XXIII.: Recovery of Power By the Areopagus; Themistokles and Aristides.
• Chap. XXIV.: Athens Lays Claims to the Leadership of Greece.
• Chap. XXV.: Overthrow of the Areopagus By Ephialtes and Themistokles.
• Chap. XXVI.: Growth of the Democracy; Kimon.
• Chap. XXVII.: Perikles.
• Chap. XXVIII.: His Successors; Nikias, Kleon, Thucydides, Theramenes.
• Chap. XXIX.: The Four Hundred; the Proposals of Pythodorus.
• Chap. XXX.: The Constitution As Proposed For the Future.
• Chap. XXXI.: The Constitution As Proposed For the Immediate Present.
• Chap. XXXII.: The Government of the Four Hundred.
• Chap. XXXIII.: It Lasted Four Months, and Was Good.
• Chap. XXXIV.: Arginusæ Ægospotami Lysander and Establishment of the Oligarchy.
• Chap. XXXV.: The Thirty and Their Government.
• Chap. XXXVI.: Protests of Theramenes.
• Chap. XXXVII.: Theramenes Put to Death, and the Lacedæmonans Call Ed In.
• Chap. XXXVIII.: End of the Thirty, and Reconciliation of Parties.
• Chap. XXXIX.: Terms of the Reconciliation.
• Chap. Xl.: Its Conclusion; Action of Archinus.
• Chap. Xli.: Recapitulation of the Preceding Changes; the Sovereign Power of the People.
• Chap. Xlii.: Admission to Citizenship; Training of the Ephebi.
• Chap. Xliii.: Election to Offices, By Lot Or Vote.
• Chap. Xliv.: the Council Continued.
• Chap. Xlv.: Deprived of the Power of Putting to Death.
• Chap. Xlvi.: the Council Continued.
• Chap. Xlvii.: the Treasurers of Athena; the Government-sellers.
• Chap. Xlviii.: the Receivers; Auditors.
• Chap. Xlix.: the Council Holds a Muster of the Knights, Etc.
• Chap. L: Surveyors of Temples; City Magistrates.
• Chap. Li.: Clerks of the Market; Inspectors of Weights and Measures, Etc.
• Chap. Lii.: the Eleven; Suits Decided Within a Month.
• Chap. Liii.: Judicial Officers; Arbitrators.
• Chap. Liv.: Surveyors of Roads; Auditors; Secretaries.
• Chap. Lv.: the Archons; How They Are Appointed.
• Chap. Lvi.: the Archon (eponymus); His Duties.
• Chap. Lvii.: the King Archon; His Duties.
• Chap. Lviii: the Commander-in-chief, Polemarch
• Chap. Lix.: the Thesmothetæ; Their Functions.
• Chap. Lx.: the Directors of Games; the Sacred Oil.
• Chap. Lxi.: Election By Vote to All Offices of War Department.
• Chap. Lxii.: Pay Attached to Offices
• Chap. Lxiii.: Appointment of Jurors.

CHAP. XLV.

Deprived of the power of putting to death.

Now the Council formerly had power to punish by fines, to imprison, and to put to death. But on one occasion, as it was conducting Lysimachus to the executioner, who was awaiting him, Eukleides of Alopeke took him out of their hands, declaring that it was not right for any citizen to be put to death without the verdict of a court of law. On a trial being held in court, Lysimachus was acquitted, and got the surname of ‘the man who escaped the cudgel.’ Then the people deprived the Council of its power of putting to death and imprisoning and punishing by fines, and carried a law that in cases where the Council passed sentences or punished, the Thesmothetæ should bring the sentences and punishments before the court of justice, and that the vote of the jurors should be final. Now, the Council can try most of the officers of state, particularly such as have the management of money; but their decision is not final, and there is an appeal to the court of justice. Private individuals also have the right of indicting any officers of state they like for violating the laws, while such as are so indicted have also an appeal to the court of justice, if the Council finds them guilty. It examines also the members who are to compose the Council for the following year, and the nine archons. Formerly it had the power of rejection, but now in such cases there is an appeal to the court of justice. In the above matters then the Council does not possess final authority. Further, it submits preliminary ordinances to the people, and it is not lawful for the people to pass any measure which has not been thus submitted, or of which the presidents have not previously given public notice. For it is on these very grounds that the successful mover of a bill makes himself liable to an indictment for proposing unconstitutional measures.