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 powers, to the extent even of
making treaties with whomsoever they willed; and ten representatives,
over forty years of age, were to be elected from each tribe to draw up
the list of the Five Thousand, after taking an oath on a full and
perfect sacrifice.