Pseudo-Xenophon (Old Oligarch),
Constitution of the Athenians
E. C. Marchant, Ed.
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And
as for the fact that the Athenians have chosen the kind of constitution
that they have, I do not think well of their doing this inasmuch as in
making their choice they have chosen to let the worst people be better
off than the good. Therefore, on this account I do not think well of
their constitution. But since they have decided to have it so, I intend
to point out how well they preserve their constitution and accomplish
those other things for which the rest of the Greeks criticize them.1
[2]
First I want to say this: there the poor and the people
generally are right to have more than the highborn and wealthy for the
reason that it is the people who man the ships and impart strength to
the city; the steersmen, the boatswains, the sub-boatswains, the
look-out officers, and the shipwrights -- these are the ones who impart
strength to the city far more than the hoplites, the high-born, and the
good men. This being the case, it seems right for everyone to have a
share in the magistracies, both allotted and elective, for anyone to be
able to speak his mind if he wants to.
[3]
Then there are those magistracies which bring safety or danger to
the people as a whole depending on whether or not they are well
managed: of these the people claim no share (they do not think they
should have an allotted share in the generalships or cavalry commands).
For these people realize that there is more to be gained from their not
holding these magistracies but leaving them instead in the hands of the
most influential men. However, such magistracies as are salaried and
domestically profitable the people are keen to hold.
[4]
Then there is a point which some find extraordinary, that they everywhere assign more to the worst persons, to the poor, and to the popular types than to the good men: in this very point they will be found manifestly preserving their democracy. For the poor, the popular, and the base, inasmuch as they are well off and the likes of them are numerous, will increase the democracy; but if the wealthy, good men are well off, the men of the people create a strong opposition to themselves. [5] And everywhere on earth the best element is opposed to democracy. For among the best people there is minimal wantonness and injustice but a maximum of scrupulous care for what is good, whereas among the people there is a maximum of ignorance, disorder, and wickedness; for poverty draws them rather to disgraceful actions, and because of a lack of money some men are uneducated and ignorant. [6]
Someone might say that they ought not to let everyone speak on equal terms and serve on the council, but rather just the cleverest and finest. Yet their policy is also excellent in this very point of allowing even the worst people to speak. For if the good men were to speak and make policy, it would be splendid for the likes of themselves but not so for the men of the people. But, as things are, any wretch who wants to can stand up and obtain what is good for him and the likes of himself. [7] Someone might say, “What good would such a man propose for himself and the people?” But they know that this man's ignorance, baseness, and favour are more profitable than the good man's virtue, wisdom, and ill will. [8] A city would not be the best on the basis of such a way of life, but the democracy would be best preserved that way. For the people do not want a good government under which they themselves are slaves; they want to be free and to rule. Bad government is of little concern to them. What you consider bad government is the very source of the people's strength and freedom. [9] If it is good government you seek, you will first observe the cleverest men establishing the laws in their own interest. Then the good men will punish the bad; they will make policy for the city and not allow madmen to participate or to speak their minds or to meet in assembly. As a result of these excellent measures the people would swiftly fall into slavery. [10]
Now among the slaves and metics2 at Athens there is the greatest uncontrolled wantonness; you can't hit them there, and a slave will not stand aside for you. I shall point out why this is their native practice: if it were customary for a slave (or metic or freedman) to be struck by one who is free, you would often hit an Athenian citizen by mistake on the assumption that he was a slave. For the people there are no better dressed than the slaves and metics, nor are they any more handsome. [11] If anyone is also startled by the fact that they let the slaves live luxuriously there and some of them sumptuously, it would be clear that even this they do for a reason. For where there is a naval power, it is necessary from financial considerations to be slaves to the slaves in order to take a portion of their earnings, and it is then necessary to let them go free.3 And where there are rich slaves, it is no longer profitable in such a place for my slave to fear you. In Sparta my slave would fear you; but if your slave fears me, there will be the chance that he will give over his money so as not to have to worry anymore. [12] For this reason we have set up equality between slaves and free men, and between metics and citizens. The city needs metics in view of the many different trades and the fleet. Accordingly, then, we have reasonably set up a similar equality also for the metics. [13]
The people have spoiled the athletic and musical activities at Athens because they thought them unfitting (they know they can't do them).4 In the training of dramatic choruses and in providing for athletic contests and the fitting out of triremes, they know that it is the wealthy who lead the choruses but the people who are led in them, and it is the wealthy who provide for athletic contests, but the people who are presided over in the triremes and in the games. At least the people think themselves worthy of taking money for singing, running, dancing, and sailing in ships, so that they become wealthy and the wealthy poorer. And in the courts they are not so much concerned with justice as with their own advantage. [14]
In regard to the allies: the Athenians sail out and lay information, as they are said to do; they hate the aristocrats inasmuch as they realize that the ruler is necessarily hated by the ruled and that if the rich and aristocratic men in the cities are strong, the rule of the people at Athens will last for a very short time. This is why they disfranchise the aristocrats, take away their money, expel and kill them, whereas they promote the interests of the lower class. The Athenian aristocrats protect their opposite numbers in the allied cities, since they realize that it will be to their advantage always to protect the finer people in the cities. [15] Someone might say that the Athenians' strength consists in the allies' ability to pay tribute-money; but the rabble thinks it more advantageous for each one of the Athenians to possess the resources of the allies and for the allies themselves to possess only enough for survival and to work without being able to plot defection. [16]
Also in another point the Athenian people are thought to act ill-advisedly: they force the allies to sail to Athens for judicial proceedings.5 But they reason in reply that the Athenian people benefit from this. First, from the deposits at law they receive their dicastic pay through the year. Then, sitting at home without going out in ships, they manage the affairs of the allied cities; in the courts they protect the democrats and ruin their opponents. If the allies were each to hold trials locally, they would, in view of their annoyance with the Athenians, ruin those of their citizens who were the leading friends of the Athenian people. [17] In addition, the people at Athens profit in the following ways when trials involving allies are held in Athens: first, the one per-cent tax in the Peiraeus brings in more for the city6; secondly, if anyone has lodgings to rent, he does better, and so does anyone who lets out on hire a team of animals or a slave; further, the heralds of the assembly do better when the allies are in town. [18] In addition, were the allies not to go away for judicial proceedings, they would honour only those of the Athenians who sail out from the city, namely generals, trierarchs, and ambassadors. As it is now, each one of the allies is compelled to flatter the Athenian populace from the realization that judicial action for anyone who comes to Athens is in the hands of none other than the populace (this indeed is the law at Athens); in the courts he is obliged to entreat whoever comes in and to grasp him by the hand. In this way the allies have become instead the slaves of the Athenian people. [19]
Furthermore, as a result of their possessions abroad and the tenure of magistracies which take them abroad, both they and their associates have imperceptibly learned to row; for of necessity a man who is often at sea takes up an oar, as does his slave, and they learn naval terminology. [20] Both through experience of voyages and through practice they become fine steersmen. Some are trained by service as steersmen on an ordinary vessel, others on a freighter, others -- after such experience -- on triremes. Many are able to row as soon as they board their ships, since they have been practising beforehand throughout their whole lives.
Then there is a point which some find extraordinary, that they everywhere assign more to the worst persons, to the poor, and to the popular types than to the good men: in this very point they will be found manifestly preserving their democracy. For the poor, the popular, and the base, inasmuch as they are well off and the likes of them are numerous, will increase the democracy; but if the wealthy, good men are well off, the men of the people create a strong opposition to themselves. [5] And everywhere on earth the best element is opposed to democracy. For among the best people there is minimal wantonness and injustice but a maximum of scrupulous care for what is good, whereas among the people there is a maximum of ignorance, disorder, and wickedness; for poverty draws them rather to disgraceful actions, and because of a lack of money some men are uneducated and ignorant. [6]
Someone might say that they ought not to let everyone speak on equal terms and serve on the council, but rather just the cleverest and finest. Yet their policy is also excellent in this very point of allowing even the worst people to speak. For if the good men were to speak and make policy, it would be splendid for the likes of themselves but not so for the men of the people. But, as things are, any wretch who wants to can stand up and obtain what is good for him and the likes of himself. [7] Someone might say, “What good would such a man propose for himself and the people?” But they know that this man's ignorance, baseness, and favour are more profitable than the good man's virtue, wisdom, and ill will. [8] A city would not be the best on the basis of such a way of life, but the democracy would be best preserved that way. For the people do not want a good government under which they themselves are slaves; they want to be free and to rule. Bad government is of little concern to them. What you consider bad government is the very source of the people's strength and freedom. [9] If it is good government you seek, you will first observe the cleverest men establishing the laws in their own interest. Then the good men will punish the bad; they will make policy for the city and not allow madmen to participate or to speak their minds or to meet in assembly. As a result of these excellent measures the people would swiftly fall into slavery. [10]
Now among the slaves and metics2 at Athens there is the greatest uncontrolled wantonness; you can't hit them there, and a slave will not stand aside for you. I shall point out why this is their native practice: if it were customary for a slave (or metic or freedman) to be struck by one who is free, you would often hit an Athenian citizen by mistake on the assumption that he was a slave. For the people there are no better dressed than the slaves and metics, nor are they any more handsome. [11] If anyone is also startled by the fact that they let the slaves live luxuriously there and some of them sumptuously, it would be clear that even this they do for a reason. For where there is a naval power, it is necessary from financial considerations to be slaves to the slaves in order to take a portion of their earnings, and it is then necessary to let them go free.3 And where there are rich slaves, it is no longer profitable in such a place for my slave to fear you. In Sparta my slave would fear you; but if your slave fears me, there will be the chance that he will give over his money so as not to have to worry anymore. [12] For this reason we have set up equality between slaves and free men, and between metics and citizens. The city needs metics in view of the many different trades and the fleet. Accordingly, then, we have reasonably set up a similar equality also for the metics. [13]
The people have spoiled the athletic and musical activities at Athens because they thought them unfitting (they know they can't do them).4 In the training of dramatic choruses and in providing for athletic contests and the fitting out of triremes, they know that it is the wealthy who lead the choruses but the people who are led in them, and it is the wealthy who provide for athletic contests, but the people who are presided over in the triremes and in the games. At least the people think themselves worthy of taking money for singing, running, dancing, and sailing in ships, so that they become wealthy and the wealthy poorer. And in the courts they are not so much concerned with justice as with their own advantage. [14]
In regard to the allies: the Athenians sail out and lay information, as they are said to do; they hate the aristocrats inasmuch as they realize that the ruler is necessarily hated by the ruled and that if the rich and aristocratic men in the cities are strong, the rule of the people at Athens will last for a very short time. This is why they disfranchise the aristocrats, take away their money, expel and kill them, whereas they promote the interests of the lower class. The Athenian aristocrats protect their opposite numbers in the allied cities, since they realize that it will be to their advantage always to protect the finer people in the cities. [15] Someone might say that the Athenians' strength consists in the allies' ability to pay tribute-money; but the rabble thinks it more advantageous for each one of the Athenians to possess the resources of the allies and for the allies themselves to possess only enough for survival and to work without being able to plot defection. [16]
Also in another point the Athenian people are thought to act ill-advisedly: they force the allies to sail to Athens for judicial proceedings.5 But they reason in reply that the Athenian people benefit from this. First, from the deposits at law they receive their dicastic pay through the year. Then, sitting at home without going out in ships, they manage the affairs of the allied cities; in the courts they protect the democrats and ruin their opponents. If the allies were each to hold trials locally, they would, in view of their annoyance with the Athenians, ruin those of their citizens who were the leading friends of the Athenian people. [17] In addition, the people at Athens profit in the following ways when trials involving allies are held in Athens: first, the one per-cent tax in the Peiraeus brings in more for the city6; secondly, if anyone has lodgings to rent, he does better, and so does anyone who lets out on hire a team of animals or a slave; further, the heralds of the assembly do better when the allies are in town. [18] In addition, were the allies not to go away for judicial proceedings, they would honour only those of the Athenians who sail out from the city, namely generals, trierarchs, and ambassadors. As it is now, each one of the allies is compelled to flatter the Athenian populace from the realization that judicial action for anyone who comes to Athens is in the hands of none other than the populace (this indeed is the law at Athens); in the courts he is obliged to entreat whoever comes in and to grasp him by the hand. In this way the allies have become instead the slaves of the Athenian people. [19]
Furthermore, as a result of their possessions abroad and the tenure of magistracies which take them abroad, both they and their associates have imperceptibly learned to row; for of necessity a man who is often at sea takes up an oar, as does his slave, and they learn naval terminology. [20] Both through experience of voyages and through practice they become fine steersmen. Some are trained by service as steersmen on an ordinary vessel, others on a freighter, others -- after such experience -- on triremes. Many are able to row as soon as they board their ships, since they have been practising beforehand throughout their whole lives.
1
Here the author indicates the two basic topics of his treatise, and he
alludes to this passage at 3.1 when he has completed discussion of the
first topic.
2 Metics were resident aliens.
3 The text of this sentence contains a corruption which makes it impossible to be sure of the sense.
4 The text of this sentence is corrupt.
5 The accuracy of the author here is in dispute. For discussion of the controversial problem of the judicial relations of Athens and her allies, cf. G. E. M. de Ste. Croix, Notes on Jurisdiction in the Athenian Empire, CQ,
N.S. 11 (1961), 94 ff. and 268 ff. Observe the Athenians' own account
of their alleged litigiousness in the difficult passage of Thucydides at
1.77.1.
6 On the one per-cent tax, cf. Aristoph., Wasps, 658. Evidently a customs duty of some kind.
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