The Fall of the Athenian Empire-(A New History of the Peloponnesian War) Donald Kagan - (1987)

254 -THE FALL OF THE ATHENIAN EMPIRE
Five Thousand and the restoration of the traditional democratic constitution.
By the first prytany of the year 410/9, late June or July of
410, the old democracy was in place and passing fierce laws to defend
itself against its enemies. 26
Since no ancient narrative has described the democratic restoration,
modern scholars have found it hard to grasp its character and even its
reality. Evidence for it comes from scattered references in the orators
and inscriptions, increasing the impression that it was an ill-organized
collection of measures without plan or purpose. The decrees bear
names otherwise unknown to us, and no famous statesman is credited
with putting forward a general plan, yet a study of the Athenians'
actions in the first year or so of the restored democracy reveals a
surprising consistency and coherence. From it emerges a comprehensive
program for waging a successful war under a thoroughgoing and
invigorated democratic regime. The changes introduced in 410/9 were
constitutional, legal, financial, social, and spiritual. Together, they
produced a city recovered from defeat and despair and capable of
remarkable efforts and astonishing success.
The earliest document we possess from the restored regime, the
decree of Demophantus, shows that the Five Thousand were gone and
the old assembly and Council of Five Hundred were back in power
in the old way. It begins with the old democratic formula: "Enacted
by the Council and the People."" The council, moreover, is not the
elected one of the moderate constitution but is specifically designated
as "the Council of Five Hundred allotted by the bean," as though to
emphasize the difference." The Council of Four Hundred of the oligarchs
and the elected Council of Five Hundred of the moderates,
however, had made the democrats wary of the power of councils. To
check the restored council and to guarantee its subordination to the
popular assembly, they placed unprecedented restraints on it. The
Council of Five Hundred appears to have been deprived of the power
to impose penalties beyond a stated level of severity; it could not impose
the death penalty or a fine above 500 drachmas without the consent
of the assembly or the popular courts. ' 9 Another new law required
16
And. 1.96-98.
27
And. 1.96.
28 /bid.: ,lj J3ot~Ai] oL 1T£11TaK6CJLoL oL Aax6v7Eo:; TW Ku&J.I.Cfl·
29 The evidence comes from a badly mutilated and undated inscription, IG 1 2 , 1 14-
There is general agreement, however, that the provisions listed here were enacted by
the restored democracy in410. See Busolt, GG lll:2, 1539; Hignett, HAC, 281; Rhodes,
The Athenian Boule (Oxford, 1972), 18J-184.