I cannot but think that in this case he transfers to the year
490 B. C. the practice of his own time. The polemarch, at the
time of the battle of Marathon, was in a certain sense the first
stratêgus; and the stratêgi were never taken by lot, but always
chosen by show of hands, even to the end of the democracy. It
seems impossible to believe that the stratêgi were elected, and
that the polemarch, at the time when his functions were the same
as theirs, was chosen by lot.
Herodotus seems to have conceived the choice of magistrates by
lot as being of the essence of a democracy (Herodot. iii, 80).
Plutarch also (Periklês, c. 9) seems to have conceived the
choice of archons by lot as a very ancient institution of
Athens: nevertheless, it results from the first chapter of his
life of Aristeidês,—an obscure chapter, in which conflicting
authorities are mentioned without being well discriminated,—that
Aristeidês was _chosen archon by the people_,—not drawn by lot:
an additional reason for believing this is, that he was archon in
the year following the battle of Marathon, at which, he had been
one of the ten generals. Idomeneus distinctly affirmed this to be
the fact.—οὐ κυαμευτὸν, ἀλλ᾽ ἑλομένων Ἀθηναίων (Plutarch, Arist.
c. 1).
Isokratês also (Areopagit. Or. vii, p. 144, p. 195, ed. Bekker)
conceived the constitution of Kleisthenês as including all
the three points noticed in the text: 1. A high pecuniary
qualification of eligibility for individual offices. 2. Election
to these offices by all the citizens, and accountability to the
same after office. 3. No employment of the lot.—He even contends
that this election is more truly democratical than sortition;
since the latter process might admit men attached to oligarchy,
which would not happen under the former,—ἔπειτα καὶ δημοτικωτέραν
ἐνόμιζον ταύτην τὴν κατάστασιν ἢ τὴν διὰ τοῦ λαγχάνειν
γιγνομένην· ἐν μὲν γὰρ τῇ κληρώσει τὴν τύχην βραβεύσειν, καὶ
πολλάκις λήψεσθαι τὰς ἀρχὰς τοὺς τῆς ὀλιγαρχίας ἐπιθυμοῦντας,
etc. This would be a good argument if there were no pecuniary
qualification for eligibility,—such pecuniary qualification is
a provision which he lays down, but which he does not find it
convenient to insist upon emphatically.
I do not here advert to the γραφὴ παρανόμων, the νομοφύλακες, and
the sworn νομόθεται,—all of them institutions belonging to the
time of Periklês at the earliest; not to that of Kleisthenês.
Public-domain text, read in full here on John Shaqi.
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