The Historians' History of the World 04

The motion of Phormisius being rejected, the antecedent democracy was restored without qualification, together with the ordinances of Draco, and the laws, measures, and weights of Solon. But on closer inspection, it was found that the latter part of the resolution was incompatible with the amnesty which had been just sworn. According to the laws of Solon and Draco, the perpetrators of enormities under the Thirty had rendered themselves guilty, and were open to trial. To escape this consequence, a second psephism or decree was passed, on the proposition of Tisamenus, to review the laws of Solon and Draco, and re-enact them with such additions and amendments as might be deemed expedient. Five hundred citizens had just been chosen by the people as nomothetæ or law-makers, at the same time when the senate of Five Hundred was taken by lot; out of these nomothetæ the senate now chose a select few, whose duty it was to consider all propositions for amendment or addition to the laws of the old democracy, and post them up for public inspection before the statues of the Eponymous Heroes, within the month then running. The senate, and the entire body of five hundred nomothetæ, were then to be convened, in order that each might pass in review, separately, both the old laws and the new propositions; the nomothetæ being previously sworn to decide righteously. While this discussion was going on, every private citizen had liberty to enter the senate, and to tender his opinion with reasons for or against any law. All the laws which should thus be approved (first by the senate, afterwards by the nomothetæ), but no others—were to be handed to the magistrates, and inscribed on the walls of the portico called Pœcile, for public notoriety, as the future regulators of the city. After the laws were promulgated by such public inscription, the senate of Areopagus was enjoined to take care that they should be duly observed and enforced by the magistrates. A provisional committee of twenty citizens was named, to be generally responsible for the city during the time occupied in this revision. As soon as the laws had been revised and publicly inscribed in the Pœcile pursuant to the above decree, two concluding laws were enacted which completed the purpose of the citizens.

The first of these laws forbade the magistrates to act upon, or permit to be acted upon, any law not among those inscribed; and declared that no psephism, either of the senate or of the people, should overrule any law. It renewed also the old prohibition (dating from the days of Clisthenes and the first origin of the democracy), to enact a special law inflicting direct hardship upon any individual Athenian apart from the rest, unless by the votes of six thousand citizens voting secretly.

The second of the two laws prescribed, that all the legal adjudications and arbitrations which had been passed under the antecedent democracy should be held valid and unimpeached—but formally annulled all which had been passed under the Thirty. It further provided that the laws now revised and inscribed, should only take effect from the archonship of Euclides; that is, from the nominations of archons made after the recent return of Thrasybulus and the renovation of the democracy.

By these ever memorable enactments, all acts done prior to the nomination of the archon Euclides and his colleagues (in the summer of 403 B.C.) were excluded from serving as grounds for criminal process against any citizen. To insure more fully that this should be carried into effect, a special clause was added to the oath taken annually by the senators, as well as to that taken by the heliastic dicasts. The senators pledged themselves by oath not to receive any impeachment, or give effect to any arrest, founded on any fact prior to the archonship of Euclides, excepting only against the Thirty and the other individuals expressly shut out from the amnesty, and now in exile. To the oath annually taken by the heliasts, also, was added the clause: “I will not remember past wrongs, nor will I abet any one else who shall remember them; on the contrary, I will give my vote pursuant to the existing laws”: which laws proclaimed themselves as only taking effect from the archonship of Euclides.

By additional enactments, security was taken that the proceedings of the courts of justice should be in full conformity with the amnesty recently sworn, and that, neither directly nor indirectly, should any person be molested for wrongs done anterior to Euclides. And in fact the amnesty was faithfully observed: the re-entering exiles from Piræus, and the horsemen with other partisans of the Thirty in Athens, blended again together into one harmonious and equal democracy.

Greek Seals