Of the nine archons, whose number continued unaltered from 638 B.
C. to the end of the free democracy, three bore special titles,—the
archon eponymus, from whose name the designation of the year was
derived, and who was spoken of as _The Archon_; the archon basileus
(king), or more frequently, the basileus; and the polemarch. The
remaining six passed by the general title of Thesmothetæ. Of the
first three, each possessed exclusive judicial competence in regard
to certain special matters: the thesmothetæ were in this respect all
on a par, acting sometimes as a board, sometimes individually. The
archon eponymus determined all disputes relative to the family, the
gentile, and the phratric relations: he was the legal protector of
orphans and widows.[125] The archon basileus, or king archon, enjoyed
competence in complaints respecting offences against the religious
sentiment and respecting homicide. The polemarch, speaking of times
anterior to Kleisthenês, was the leader of the military force and
judge in disputes between citizens and non-citizens. Moreover, each
of these three archons had particular religious festivals assigned
to him, which it was his duty to superintend and conduct. The six
thesmothetæ seem to have been judges in disputes and complaints,
generally, against citizens, saving the special matters reserved for
the cognizance of the first two archons. According to the proper
sense of the word thesmothetæ, all the nine archons were entitled to
be so called,[126] though the first three had especial designations
of their own: the word thesmoi, analogous to the themistes[127] of
Homer, includes in its meaning both general laws and particular
sentences,—the two ideas not being yet discriminated, and the general
law being conceived only in its application to some particular case.
Drako was the first thesmothet who was called upon to set down his
thesmoi in writing, and thus to invest them essentially with a
character of more or less generality.
[125] Pollux, viii, 89-91.
[126] We read the θεσμοθέτων ἀνάκρισις in Demosthen. cont.
Eubulidem, c. 17, p. 1319, and Pollux, viii, 85; a series of
questions which it was necessary for them to answer before they
were admitted to occupy their office. Similar questions must have
been put to the archon, the basileus, and the polemarch: so that
the words θεσμοθέτων ἀνάκρισις may reasonably be understood to
apply to all the nine archons, as, indeed, we find the words τοὺς
ἐννέα ἄρχοντας ἀνακρίνετε shortly afterwards, p. 1320.
[127] Respecting the word θέμιστες in the Homeric sense, see
above, vol. ii, ch. xx.
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