The Athenian Constitution   

Theramenes. As to Nicias and Thucydides, nearly every one agrees
that they were not merely men of birth and character, but also
statesmen, and that they ruled the state with paternal care. On the
merits of Theramenes opinion is divided, because it so happened that
in his time public affairs were in a very stormy state. But those
who give their opinion deliberately find him, not, as his critics
falsely assert, overthrowing every kind of constitution, but
supporting every kind so long as it did not transgress laws; thus
showing that he was able, as every good citizen should be, to live
under any form of constitution, while he refused to countenance
illegality and was its constant enemy.

Part 29

So long as the fortune of the war continued even, the Athenians
preserved the democracy; but after the disaster in Sicily, when the
Lacedaemonians had gained the upper hand through their alliance with
the king of Persia, they were compelled to abolish the democracy and
establish in its place the constitution of the Four Hundred. The
speech recommending this course before the vote was made by
Melobius, and the motion was proposed by Pythodorus of Anaphlystus;
but the real argument which persuaded the majority was the
belief that
the king of Persia was more likely to form an alliance with them if
the constitution were on an oligarchical basis. The motion of
Pythodorus was to the following effect. The popular Assembly was to
elect twenty persons, over forty years of age, who, in conjunction
with the existing ten members of the Committee of Public
Safety, after
taking an oath that they would frame such measures as they thought
best for the state, should then prepare proposals for the public.
safety. In addition, any other person might make proposals,
so that of
all the schemes before them the people might choose the best.
Cleitophon concurred with the motion of Pythodorus, but
moved that the
committee should also investigate the ancient laws enacted by
Cleisthenes when he created the democracy, in order that they might
have these too before them and so be in a position to decide wisely;
his suggestion being that the constitution of Cleisthenes was not
really democratic, but closely akin to that of Solon. When the
committee was elected, their first proposal was that the Prytanes
should be compelled to put to the vote any motion that was offered
on behalf of the public safety. Next they abolished all indictments
for illegal proposals, all impeachments and pubic prosecutions, in
order that every Athenian should be free to give his counsel on the
situation, if he chose; and they decreed that if any person imposed
a fine on any other for his acts in this respect, or
prosecuted him or
summoned him before the courts, he should, on an information being
laid against him, be summarily arrested and brought before the
generals, who should deliver him to the Eleven to be put to death.
After these preliminary measures, they drew up the
constitution in the
following manner. The revenues of the state were not to be spent on
any purpose except the war. All magistrates should serve without
remuneration for the period of the war, except the nine Archons and
the Prytanes for the time being, who should each receive
three obols a
day. The whole of the rest of the administration was to be
committed, for the period of the war, to those Athenians who
were most
capable of serving the state personally or pecuniarily, to the
number of not less than five thousand. This body was to have full