), the Eleven,
were magistrates at
Athens of considerable importance. They are always thus called in the
classical writers; but in the time of Demetrius Phalereus, their name is
said to have been changed into that of νομοφύλακες
(Pollux, 8.102), who were, however, during the
democracy distinct functionaries. [NOMOPHYLACES
] Another name in the grammarians is
p. 601.26; Timocr.
p. 765.210; of
(Schol. Aristoph. Pl. 1108
) must be a corruption.
The time at which the office of the Eleven was instituted is disputed.
Ullrich considers the office to have been of an aristocratical character,
and concludes from a passage in Heraclides Ponticus (1.10) that it was
established by Aristeides. Meier, on the other hand, maintains that the
office existed not only before the time of Cleisthenes, but probably before
the legislation of Solon; but it seems impossible to come to any
satisfactory conclusion on the subject. The earliest writer who names them
is Antiphon (de Caed. Her.
§ 70). They were annually
chosen by lot, one from each of the ten tribes, and a secretary (γραμματεύς
), who seems to have taken a very
important part in the business, and to have had one or more ὑπογραμματεῖς
under him (Pollux, 8.102).
The principal duty of the Eleven was the care and management of the public
), which was entirely
under their jurisdiction. On the uses of the prison at Athens, see CARCER
When a person was
condemned to death, he was immediately given into the custody of the Eleven,
who were then bound to carry the sentence into execution according to the
laws. (Xen. Hell. 2.3
, § 54.) The
most common mode of execution was by hemlock juice (κώνειον
), which was drunk after sunset. (Plat.
116 B ff.) The Eleven had under them jailers,
executioners, and torturers, who were called by various names (οἱ παραστάται,
296, 32; ὁ τῶν ἕνδεκα ὑπηρέτης,
Xen. Hell. 2.3
, § 54; ὁ δημόκοινος,
Antiph. de Venef.
§ 20; Isocr. Trapez.
§ 15; ὁ δημόσιος,
]). When torture was inflicted in causes affecting the
state, it was either done in the immediate presence of the Eleven (Dem.
p. 1254.23) or by their servant (ὁ δήμιος
The Eleven usually only had to carry into execution the sentence passed in
the courts of law and the public assemblies; but in some instances they
possessed a ἡγεμονία δικαστηρίου.
was the case in those summary proceedings called ἀπαγωγή, ἐφήγησις,
in which the penalty was fixed by law, and might be
inflicted by the court on the confession or conviction of the accused
without appealing to any of the jury courts (Lys. c. Agorat.
§ 86, οἱ ἕνδεκα οἱ παραδεξάμενοι τὴν
: cf. id. κατὰ τῶν
§ 2). They also had a ἡγεμονία δικαστηρίου
in the case of κακοῦργοι,
because the summary proceedings
mentioned above were chiefly adopted in the case of such persons: hence
Antiphon (de caed. Her.
§ 17) calls them ἐπιμεληταὶ τῶν κακούργων.
The word κακοῦργοι
properly means any kind of
malefactors, but is only applied in Athenian law to thieves (κλέπται
), house-breakers (τοιχωρύχοι
), man-stealers (ἀνδραποδισταί
), and other criminals of a similar kind.
(Antiph. de Caed. Her.
§ 9 f; Lys. c.
1.10; [Dem.] c. Lacr.
p. 940.47; Attn.
p. 86 Lips.)
The Eleven are also said to have possessed ἡγεμονία
in the case of confiscated property (εἰσῆγον δὲ καὶ τὰ ἀπογραφόμενα χωρία,
p. 338, 35). This statement does not refer, as some
have thought, solely to the property of persons condemned to death and sold
by the Poletae; in an extant inscription we find the Eleven holding
inventories of confiscated property, and their secretary bound on his own
responsibility to keep correct accounts of payments made (Boeckh,
p. 535 f.). (Ullrich, Ueber die
appended to his translation of Plato's
Meno, Crito, and the first and second Alcibiades, Berlin, 1821; Sluiter,
pp. 256-261; Att.
pp. 81-88 Lips; Hermann, Staatsalterth.
§ 139; Schömann, Antiq.
1.414, E. T.;
1.243 f.) [W.S
. Meier's conjecture
as to the early origin of this body is now confirmed: Solon provided for
their election, it would seem, out of the first three classes, and is not
said to have created the office (Ἀθ. πολ.
100.7). The account of their duties (100.52) adds no new particulars.