← Aristotle

Constitution of the Athenians

§38-39

The Board of Ten and the Treaty of Reconciliation

The passage describes the transition of the 'Ten Commissioners' after the fall of the Thirty, the reconciliation brought by King Pausanias, and the detailed terms of the peace treaty between the city-dwellers and the democrats in Peiraeus, including emigration to Eleusis and a general amnesty.

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§38

​XXXVIII. μετὰ δὲ ταῦτα καταλαβόντων τῶν ἀπὸ Φυλῆς τὴν Μουνιχίαν καὶ νικησάντων μάχῃ τοὺς μετὰ τῶν τριάκοντα βοηθήσαντας, ἐπαναχωρήσαντες μετὰ τὸν κίνδυνον οἱ ἐκ τοῦ ἄστεως καὶ συναθροισθέντες εἰς τὴν ἀγορὰν τῇ ὑστεραίᾳ τοὺς μὲν τριάκοντα κατέλυσαν, αἱροῦνται δὲ δέκα τῶν πολιτῶν αὐτοκράτορας ἐπὶ τὴν τοῦ πολέμου κατάλυσιν. οἱ δὲ παραλαβόντες τὴν ἀρχὴν ἐφ’ οἷς μὲν ᾑρέθησαν1 οὐκ ἔπραττον, ἔπεμπον δ' εἰς Λακεδαίμονα βοήθειαν μεταπεμπόμενοι καὶ χρήματα δανειζόμενοι. χαλεπῶς δὲ φερόντων ἐπὶ τούτοις τῶν ἐν τῇ πολιτείᾳ, φοβούμενοι μὴ καταλυθῶσιν τῆς ἀρχῆς καὶ βουλόμενοι καταπλῆξαι τοὺς ἄλλους (ὅπερ ἐγένετο), συλλαβόντες [Δ]ημάρετον οὐδενὸς ὄντα δεύτερον2 τῶν πολιτῶν ἀπέκτειναν, καὶ τὰ πράγματα βεβαίως εἶχον, συναγωνιζομένου Καλλιβίου τε καὶ τῶν Πελοποννησίων τῶν παρόντων καὶ πρὸς τούτοις ἐνίων τῶν ἐν τοῖς ἱππεῦσι. τούτων γάρ τινες μάλιστα τῶν πολιτῶν ἐσπούδαζον μὴ κατελθεῖν τοὺς ἀπὸ Φυλῆς. ὡς δ’ οἱ τὸν Πειραιέα καὶ τὴν Μουνιχίαν ἔχοντες, ἀποστάντος ἅπαντος τοῦ δήμου πρὸς αὐτούς, ἐπεκράτουν τῷ πολέμῳ, τότε καταλύσαντες τοὺς δέκα τοὺς πρώτους αἱρεθέντας ἄλλους εἵλοντο δέκα τοὺς βελτίστους εἶναι δοκοῦντας, ἐφ’ ὧν συνέβη καὶ τὰς διαλύσεις | γενέσθαι καὶ κατελθεῖν τὸν δῆμον, συναγωνιζομένων καὶ προθυμουμένων τούτων. προειστήκεσαν δ’ αὐτῶν μάλιστα Ῥίνων τε ὁ Παιανιεὺς καὶ Φάυλλος ὁ Ἀχερδούσιος· οὗτοι γὰρ πρίν τε Παυσανίαν [τ'] ἀφικέσθαι διεπέμποντο πρὸς τοὺς ἐν Πειραιεῖ καὶ ἀφικομένου συνεσπούδασαν τὴν κάθοδον. ἐπὶ πέρας γὰρ ἤγαγε τὴν εἰρήνην καὶ τὰς διαλύσεις Παυσανίας ὁ τῶν Λακεδαιμονίων βασιλεὺς μετὰ τῶν δέκα διαλλακτῶν τῶν ὕστερον ἀφικομένων ἐκ Λακεδαίμονος, οὓς αὐτὸς ἐσπούδασεν ἐλθεῖν. οἱ δὲ περὶ τὸν Ῥίνωνα διά τε τὴν εὔνοιαν τὴν εἰς τὸν δῆμον ἐπῃνέθησαν, καὶ λαβόντες τὴν ἐπιμέλειαν ἐν ὀλιγαρχίᾳ τὰς εὐθύνας ἔδοσαν ἐν δημοκρατίᾳ, καὶ οὐδεὶς οὐδὲν ἐνεκάλεσεν αὐτοῖς οὔτε τῶν ἐν ἄστει μεινάντων οὔτε τῶν ἐκ Πειραιέως κατελθόντων, ἀλλὰ διὰ ταῦτα καὶ στρατηγὸς εὐθὺς ᾑρέθη Ῥίνων.

​XXXVIII. After this, when those from Phyle had seized Munychia and defeated in battle those who had come to help with the Thirty, the men from the city retreated after the danger and, having assembled in the marketplace on the following day, they deposed the Thirty and elected ten of the citizens with full powers for the termination of the war. But those who took over the government did not do what they had been elected for, but sent to Lacedaemon, summoning help and borrowing money. When those who had a share in the constitution were displeased at these things, fearing lest they should be deposed from power and wishing to terrify the others (which indeed happened), they arrested and put to death Demaretus, one of the citizens who was second to none, and held their power securely, with Callibius and the Peloponnesians who were present cooperating, and in addition some of those among the cavalry; for some of these of all the citizens were most eager that those from Phyle should not return. But when those who held Peiraeus and Munychia, since the whole people had revolted to them, were gaining the upper hand in the war, then having deposed the ten who had been elected first, they chose another ten who seemed to be the best, under whom it happened that both the reconciliation took place and the people returned, with these men cooperating and showing eagerness. And of these, Rhynon of Paeania and Phayllus of Acherdus stood at the head most of all; for these, even before Pausanias arrived, kept negotiating with those in Peiraeus and when he arrived, eagerly joined in promoting the return. For Pausanias, the king of the Lacedaemonians, brought the peace and the reconciliation to an end, along with the ten mediators who arrived later from Lacedaemon, whom he himself had eagerly sought to come. And Rhynon and his associates were praised because of their goodwill toward the people, and having received the administration under an oligarchy, they submitted their accounts under the democracy, and no one made any charge against them, either of those who remained in the city or of those who returned from Peiraeus, but because of these things Rhynon was immediately elected general.

§39

​XXXIX. ἐγένοντο δ’ αἱ διαλύσεις ἐπ’ Εὐκλείδου ἄρχοντος κατὰ τὰς συνθήκας τάσδε. τοὺς βουλομένους Ἀθηναίων τῶν ἐν ἄστει μεινάντων ἐξοικεῖν ἔχειν Ἐλευσῖνα ἐπιτίμους ὄντας καὶ κυρίους καὶ αὐτοκράτορας ἑαυτῶν καὶ τὰ αὑτῶν καρπουμένους. τὸ δ’ ἱερὸν εἶναι κοινὸν ἀμφοτέρων, ἐπιμελεῖσθαι δὲ Κήρυκας καὶ Εὐμολπίδας κατὰ τὰ πάτρια. μὴ ἐξεῖναι δὲ μήτε τοῖς Ἐλευσινόθεν εἰς τὸ ἄστυ μήτε τοῖς ἐκ τοῦ ἄστεως Ἐλευσῖνάδε ἰέναι πλὴν μυστηρίοις ἑκατέρους. συντελεῖν δὲ ἀπὸ τῶν προσιόντων εἰς τὸ συμμαχικὸν καθάπερ τοὺς ἄλλους Ἀθηναίους. ἐὰν δέ τινες τῶν ἀπιόντων οἰκίαν λαμβάνωσιν Ἐλευσῖνι, συμπείθειν τὸν κεκτημένον· ἐὰν δὲ μὴ συμβαίνωσιν ἀλλήλοις, τιμητὰς ἑλέσθαι τρεῖς ἑκάτερον, καὶ ἥντιν᾿ ἂν οὗτοι τάξωσιν τιμὴν λαμβάνειν. Ἐλευσινίων δὲ συνοικεῖν οὓς ἂν οὗτοι βούλωνται. τὴν δ᾿ ἀπογραφὴν εἶναι τοῖς βουλομένοις ἐξοικεῖν, τοῖς μὲν ἐπιδημοῦσιν ἀφ᾿ ἧς ἂν ὀμόσωσιν τοὺς ὅρκους δ[έκ]α ἡμερῶν, τὴν δ᾿ ἐξοίκησιν εἴκοσι, τοῖς δ᾿ ἀποδημοῦσιν ἐπειδὰν ἐπιδημήσωσιν κατὰ ταὐτά. μὴ ἐξεῖναι δὲ ἄρχειν μηδεμίαν ἀρχὴν τῶν ἐν τῷ ἄστει τὸν Ἐλευσῖνι κατοικοῦντα,3 πρὶν ἂν ἀπογράψηται πάλιν ἐν τῷ ἄστει κατοικεῖν. τὰς δὲ | δίκας τοῦ φόνου εἶναι κατὰ τὰ πάτρια, εἴ τίς τινα αὐτοχειρίᾳ ἔκτεινεν ἢ ἔτρωσεν. τῶν δὲ παρεληλυθότων μηδενὶ πρὸς μηδένα μνησικακεῖν ἐξεῖναι πλὴν πρὸς τοὺς τριάκοντα καὶ τοὺς δέκα καὶ τοὺς ἕνδεκα καὶ τοὺς τοῦ Πειραιέως ἄρξαντας, μηδὲ πρὸς τούτους, ἐὰν διδῶσιν εὐθύνας.4 εὐθύνας δὲ δοῦναι τοὺς μὲν ἐν Πειραιεῖ ἄρξαντας ἐν τοῖς ἐν Πειραιεῖ, τοὺς δ᾿ ἐν τῷ ἄστει ἐν τοῖς τὰ τιμήματα παρεχομένοις. εἶθ᾿ οὕτως ἐξοικεῖν τοὺς ἐθέλοντας. τὰ δὲ χρήματα ἃ ἐδανείσαντο εἰς τὸν πόλεμον ἑκατέρους ἀποδοῦναι χωρίς.

​XXXIX. The reconciliation took place in the archonship of Euclides according to these covenants: Those of the Athenians who remained in the city who wished to emigrate should have Eleusis, being in full possession of their civic rights, sovereign, masters of themselves, and enjoying their own property. And the temple should be common to both, and the Ceryces and Eumolpidae should take care of it according to ancestral custom. It should not be permitted either for those from Eleusis to go to the city or for those from the city to go to Eleusis, except for the Mysteries for each. They should contribute from their revenues to the alliance fund just like the other Athenians. And if any of those who were departing took a house in Eleusis, they should persuade the owner; and if they did not agree with one another, each should choose three appraisers, and the owner should receive whatever value these fixed. And they might dwell with any of the Eleusinians whom they wished. The registration for those wishing to emigrate should be: for those who were in the country, within ten days from the day they took the oaths, and the emigration within twenty days; and for those who were away, after they returned, on the same terms. It should not be permitted for anyone dwelling in Eleusis to hold any office of those in the city, until he registered again to dwell in the city. And trials for homicide should be according to ancestral custom, if anyone killed with his own hand or wounded. No one should be permitted to harbor a grudge against anyone for past events, except against the Thirty, the Ten, the Eleven, and those who had ruled in Peiraeus, and not even against these if they submit their accounts. And those who had ruled in Peiraeus should submit their accounts among those in Peiraeus, and those in the city among those who provide the property qualifications. And then in this way those who wished might emigrate. The money which they had borrowed for the war, each side should pay back separately.

Syntax notes4 items
  1. 38.1ἐφ' οἷς μὲν ᾑρέθησαν

    The antecedent demonstrative pronoun (such as ταῦτα) is omitted, and the relative pronoun οἷς is attracted to the dative case governed by the preposition ἐπί. The phrase means 'for the purposes for which they had been elected.'

  2. 38.2οὐδενὸς ὄντα δεύτερον

    οὐδενὸς is a genitive of comparison modifying the adjective δεύτερον ('second,' 'inferior'). This is an idiomatic expression equivalent to a superlative meaning 'second to none,' i.e., 'the most distinguished' among the citizens.

  3. 39.5μὴ ἐξεῖναι δὲ ἄρχειν μηδεμίαν ἀρχὴν τῶν τῷ ἄστει τὸν Ἐλευσῖνι κατοικοῦντα

    An accusative and infinitive construction dependent on the impersonal verb ἐξεῖναι. The grammatical subject of the infinitive ἄρχειν is the accusative noun phrase τὸν Ἐλευσῖνι κατοικοῦντα (accusative singular), while μηδεμίαν ἀρχὴν is a cognate accusative governed by ἄρχειν, and τῶν τῷ ἄστει is a genitive modifying ἀρχήν. The negation of μὴ is reinforced by the following negative pronoun μηδεμίαν.

  4. 39.6μηδὲ πρὸς τούτους, ἐὰν διδῶσιν εὐθύνας

    A conditional clause setting a further restriction on the exception (the prosecution of the Thirty, etc.) to the general amnesty (μνησικακεῖν). It indicates that even those exceptional officials cannot be prosecuted if they submit their accounts (εὐθύνας) properly.

Translated by Gemini 3.5 Flash (published 2026-05-22) · Revision history (79, latest 2026-10-12)
  • 2026-10-12 AI review — translation 2
  • 2026-10-12 Collated with the printed edition — source 2
  • 2026-10-11 Collated with the printed edition — source 69
  • 2026-09-21 AI review — source 6
urn:cts:greekLit:tlg0086.tlg003.humanitext-grc1:38-39