The Vatican Fragments of Greek Political Theory Oliver, James H Greek, Roman and Byzantine Studies; Winter 1977; 18, 4; Periodicals Archive Online pg. 321

The Vatican Fragments of 
Greek Political Theory 

James H. Oliver 

W ALY published in Studi e Testi 104 (1943) two folia (A and 
B) of a palimpsest (Vat.gr. 2306) and called the underly-

• ing work, after the subject of B, Fragmentum Vaticanum 
de eligendis magistratibus. It seems to have come from a lost work of 
Theophrastus, in fact his Laws, and to presuppose familiarity with 
Aristotle's Politics and Constitutions. Aly's edition contained text, 
diplomatic transcript, Latin translation, commentary and some 
photographs. Since Aly's (reviewed by R. P. Oliver, CP 45 [1950] 
117-19), the chief studies are those of F. Sbordone, "Le pergamene 
vaticane 'De eligendis magistratibus'," ParPass 3 (1948) 269-90; J. J. 
Keaney, "Theophrastus on Greek Judicial Procedure," TAPA 104 
(1974) 179-94; and J. J. Keaney and A. Szegedy-Maszak [hereafter, 
K/Sz], "Theophrastus' De Eligendis Magistratibus: Vat. Gr. 2306, 
Fragment B," TAPA 106 (1976) 227-40.1 

The work has an extraordinary interest, as Aly pointed out and 
R. P. Oliver emphasized, not only for students of Greek institutions 
but for those of Roman as well. The cursus honorum, the trial in two 
phases, the senatorial commissions with members of differentiated 

1 The identification of the author as Theophrastus goes back to Aly and is confirmed by 
Sbordone, who made an analysis of the vocabulary and noted the reflection of Aristotle's 
Politics. R. P. Oliver pointed out the similarity to fr.97 Wimmer, which is from the Laws 
of Theophrastus, and D. M. Lewis (in J. Keaney, TAPA 104 [1974] 181 n.8) proposed recog­
nizing the Vatican fragments as from the Laws. The arguments for Theophrastus are 
summarized by Keaney. One could always refuse to accept the authorship of Theophrastus 
because of the lack of direct attestation, for none of the previously known fragments 
coincides with any part of the Vatican fragments. On the other hand, no one has formally 
proposed a different authorship, and the importance of the Laws of Theophrastus, which 
W. S. Ferguson, Hellenistic Athens (London 1911) 40, called as epoch-making as the Politics 
of Aristotle, could easily have caused its survival to the sixth century, the date to which 
Aly assigned the hand. Aristotle, who is not here named even when contradicted or re­
worded, was vividly present in the mind of the author. This connection, the fact that no 
event later than the fourth century B.C. is mentioned and finally the style provide strong 
support for the identification of the author as Theophrastus, while B 98-lO1 strongly 
suggests that the subject of the work is how the conduct of community affairs can be im­
proved by good laws. 

321 



322 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

rank had their foundation in Greek political theory of the fourth 
century B.C. 

The two folia A and B clearly contain parts of the same work, but 
it is nor possible to say whether A precedes B or B precedes A, though 
Cronert (see Aly) and Sbordone thought that A followed B with the 
loss of only two columns between them. Any discussion will fall 
automatically into two sections corresponding to fragments A and B. 

There is no advantage in changing the order. 
We here present, though without dots,2 an edition which incor­

porates changes of wording at A 20, 54-55, 64, B 40a, 54 (already 
anticipated by D. M. Lewis in KjSz), 98, 113, 131, 179, 223, 224, 226, 
240,246-48, 249a, and changes in punctuation at A 65-73, B 8, 146-47, 
235,249. A new English translation is offered, and a new commentary 
which takes the discussions of the last thirty-four years into account 
and especially brings forward new considerations and corrections. 
Restorations and emendations, unless otherwise stated (as in com­
mentary to A 54), are by Aly.3 

TEXT, FRAGMENT A 

[EcXV Ka'T' E~E'Ta]­

FOL. Ar [c]f'ov, 07rEp Ka~ 

col. iii 8LaLrTJrt,C 1TOL-

[ A]' " " E L XPOVLOV (OV > KaL EP-

[Y]W8EC, £KaC'TOV 

5 [ a ]vaKptvn, Ka(Ja-

[1T ]Ep Ev AaKE8atf'0-

[v ]{ E}L 1TOLOVCLV· 

[8]u) Kp(oi'T'TOV 'cwc 

[a]'TE ('TO> aKpL{3~c '''1-
10 'Tovv'Tac 1TO;\..\cXC 

a8LKaC'TOVC 1TOL­

Eiv Tj aVEv 'Tfjc a-

t "" vaKpLCEWC OLKa-
r " , '"" ",ELV, E1TEL KaL 'TOV-

15 'TO 1TAEovE~tav 

['TLVO:] 1TOLEi 'Toic 

cf>LAoVLKOVCLV , 

01TEP cf>ad CVf'{3at-
" A VELV KaL EV rn 

20 E1Taprn· 'TOLyapo[ v]v 
-'- \ ' CKV'Tatl.T/ ava-

, ., 
KpLVOVCLV OV'TWC 

" , KaL avaKpLVaV'TEC 

EKKaAovcLV 'Tfj 
25 " '-~\ \ wPf{- 'TOVC a/\I\OVC, 

" , K'\ , o Kat I\E0f'EV71C 
." ~ R E1TOL"1CEV 0 ,..a-

c[ L ]AEt,C EV 'Tfj 
t A' K'\ KPLCEL rn EC I\E-

I Whole words are seldom in doubt, though Aly had to dot many letters, likewise 
K/Sz. 

I For leuers no longer visible square brackets are used; for those omiued by the scribe 
and supplied by the editor angle brackets are used; for letters deleted by the editor 
braces {} are used. 



JAMES H. OLIVER 

30 

FoL. AV 
col. i 

oAav. 7T(XVTa 5E Tav­

Ta CV,\,\YJ1TTEOV 

El [ ........ ] fL~ 
TOVC SLS6VTac (1) 
AA[------] 
[Ten lines missing] 

f I , .... 

YJILEpac aKpoa-

cOat KaOa,1TEp [EV] 
AaKESalILOVL· 

Ka~ T~ 1TA~8E[L E]­
VL TWV "'~cPw[v] 

50 ' , "[ ] v1TEpaLpHv, w C -

1TEp EV M E'yaAlJ 

1TOAEL 1TEP~ TWV 

cP8LVLXWV. EV[ La]-

xov SE Ka~ t51TO[TE]-
55 AOVCLV T~ KpL-

1 LI 1 
VOfLEVcp, KaUa-

1TEp EV AOKpoic cPa­

CL TO LC • Em { ErpV­

plotc. Xp~ S' EV Y[ E] 

60 

65 

_ 1 t 

TOLC TOLOVTOK L-
, ".1.' EvaL HC a",VXLav 

TE Ka~ 1TCfOoc T~ 
\\\ A <:' 1 

1TOlV\a TOLC opaca-
" t A av, WC7TEp EV TOLC 

<apxalOLC> 
1 \ " XpOVOLC. KaL oca 

S~ XPOVL'6fLE­

va ILEV {lAa1TTEt 
\ \ , 

TYJv 1TOI\L THav , 

Evlwv SE KaV' a-
70 1TOcPVY~V 1TOA-

\ " , l\aKLC aKpoacalLE-

VWV Kat avaKpL-
1 • 1 

vaVTWV OCLWC, 

t51TEVOvv6V 1TWC 
75 I). 1 

1TaI\LV 1TOLYJTEOV, 
" t A WC1TEp EV LJ.aKE-

8al[fLov]L· 8L~ {llo[ V] 

8[ E .... ]VTat 1Ta[pa] 

[---------] 

323 

A 53 fortasse rp8LV < 01TWP >LKciJV. 61 "ex EVE EvaL correctum esse videtur" 
Aly. 64 apxa{oLC supplevi. 

TRANSLATION OF FRAGMENT A 

RECTO. [- - - if by examination], which an arbitrator also does, a 
lengthy and laborious process, (the magistrate) interrogates each 
(party), as they do in Lacedaemon. Wherefore, perhaps it is better 
for them, inasmuch as they are seeking < the> whole and exact truth, 
to leave many (cases) undecided than to decide them without the 
examination, for to decide without examination gives a [certain] 
unfair advantage to the contentious, and contentiousness, they say, 
exists even at Sparta. Precisely to be fair they hold an examination 
at once by (issuing) a peremptory order (to the parties), and having 
made an examination, they call out the others when the trial season 
comes. That is what Cleomenes the king did in the trial of Cleolas. 
All these factors must be taken into account, unless [- - -] 
VERSO. [- - -J days to hear as in Lacedaemon, and it is possible for the 



324 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

Assembly to override the votes, as at Megalopolis (to reverse de­
cisions) on the cases heard at harvesttime. Sometimes they make pay­
ments to the one being tried, as at Epizephyrian Locri, they say. But 
in situations like this it is usually necessary (for the proceedings) to be­
come discouraging and punishing for those who did wrong, as in the 
(olden) days. And while all affairs which are dragged but injure the 
polity, there are, on the other hand, some (situations in which an 
affair) must somehow again be made liable to scrutiny, as in Lace­
daemon, even after they have listened many times up to an acquittal 
and investigated scrupulously. As long as they are alive [- - -] 

COMMENTARY ON FRAGMENT A 

Keaney argues convincingly that A does not concern the audit of 
magistrates. His argument is based on the word CtVCXKptVW (21-23), 
never used of the audit, and on the phrase 'TOLC Sp&CCXCLV in A 63-64. 
He shows also that ciV&Kp'CLC and EV(JVVCU are not limited to 

magistrates, and that the difficulty of enough time was one fault in 
capital cases. But when he interprets the new word q,(J,v,xwv in A 53 
as referring to capital cases, he does not convince the present writer. 
As if q,(J{vw could mean 'be killed', he contends that this previously 
unknown word refers to cases with execution as a penalty. The 
photograph does not disprove the reading of a chi as the sixth letter 
of this word but does not support it either. Keaney, who personally 
checked Aly's reading, accepts the chi, though not explicitly. If the 
letter were kappa, the writer would assume an omission and emend to 

q,(J,v(O'TT'Wp)'KWV. Cases heard in the autumn or waning summer 
would occur during the hectic harvesttime; they might be or include 
capital cases, but we could not build on any such assumption. Some 
judicial procedure, however, is indeed the subject of A, more specifi­
cally the desirability of a trial in two phases and the necessity of allow­
ing sufficient time. 

A 9-10: The phrase [a]'TE ('To) CtKp,{3ec '7J'Toiiv'TCXC Aly translates 
"verum quaerentes" and Keaney "in as much as it is accuracy which 
is being sought." These translations have the advantage of rendering 
the word CtKp,{3'C with a single English or Latin word. The etymology 
a.KP-+ E't{3W' implied something like allowing the liquid to drip 

, Ed. Schwyzer. Glotta 12 (1923) 12-14. See also H. Herter. "Die Treffkunst des Arztes in 
hippokratischer und platonischer Sieht," Kleine Schrifun (Munieh 1975) 175-211. 



JAMES H. OLIVER 325 

until the container or measuring cup was full to the top. That is, the 
Greek implies not only an accurate measure but full measure. 

A 20: Sbordone (p.283) read 'Totyapo[v]v. The omicron, not seen by 
Aly and Keaney, appears clearly in the photograph, and so does the 
horizontal line indicating a final nu. 

A 21-22: Aly and Sbordone were misled by the word CKV'TcXATJ as 
defined by late writers. There is no emphasis on secrecy; rather 
CKV'TcXATJ refers to a peremptory order of a Spartan type to appear, as 
in Thuc. 1.131: 7TlJL-paV'TEC K7}pvKa ot [cpOPOL Ka~ CKV'TcXATJV El7TOV 'TOV 

I \ \ I (J • ~ \ I 1\ • - ~ I I KTJPVKOC fLTJ I\EL7TEC at, Et OE fLTJ, 7TOI\EJLOV av'TCp ~7Tap'TLa'Tac 7TpoayopEVELV. 

As for the examination, Keaney (n.29) compares the public arbitration 
procedure at Athens (Arist. Ath.Pol. 52, 2-3); he suspects "that the 
allusion in the text is to the inadmissibility of further evidence after 
the ephors have completed their investigation." Questions at issue may 
have been delimited, as in the phase in iure of a Roman trial, where 
the praetor grants a formula and gives an order (for the judge whom 
the parties accept): si paret ... condemnato, si non paret, absolvito. For 
the adverb oihwc 'without delay', see LSJ s.v. IV. 

In A 25 Aly and Keaney read wPf{-, Cronert and Sbordone aKpf{-, 

"al momento culminante." "The others" are the witnesses. 
In A 26 the reference to the unknown trial of Cleolas leaves un­

certainty as to which Cleomenes is meant. The probabilities point to 
Cleomenes II, but, even so, 309 B.C., when Cleomenes died, need not 
be assumed as a terminus ante quem for the treatise. 

A 32-34: Sbordone restores El[ K(hwc tva] fL~ 'TOOC oLo6J1'7'ac fL[ 6v ]ov 

[dAAa Ka~ - - , but the reading is very uncertain. 
A 45, nfLlpac: either singular ([€V'Toc] ~.) or plural. 
A 50-53: Nothing is known about this institution at Megalopolis, 

but it may be suggestive that cases were divided into Ev(JE'iaL OLKaL 

(see B. Helly, Gonnoi II [Amsterdam 1973] nos. 78 and 90) and f36ALJLOL 

OLKaL (Gonnoi nos. 75, 77, 79 and 80). The former had to be tried with­
out delay. The "cp(JLvLxaC' may have been Ev(JE'iaL OLKaL which could 
be appealed to the People, priority cases heard perhaps in the autumn. 

A 53-59: The main problem is the verb in lines 54-55. Aly read the 
first letters of line 55 as AOVctV and with an emendation edited the 
verb as tI7TO<O)OVCLV. Keaney interpreted this as a reference to fetter­
ing, which seems to have no connection with the subject of delays in 
judgements. The solution offered by Sbordone, who assumed the 
loss of two letters at the end of line 54 and read 07TO['TE]AOVctV, seems 



326 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

superior palaeographically and in subject. They made small pay­
ments to those whose trial dragged on or was postponed. They did 
so to ease the strain. The photograph seems to support the assump­
tion of a loss of two letters at the end of line 54. 

A 64-65: No modernisation is recommended in certain types of 
cases. The phrase We7T€p €V 'Tote XPOVOtC, as Keaney rightly says, makes 
no sense. Arist. Pol. 1303b20-21, olov evvEf3TJ Ka~ £V EvpaKoveaLe £V 

'Tote apxaLoLe XPOVOlC strongly suggests that the word apxaLotC has 
fallen out. The phrase 'Tote apxaLoLe xpovoLe occurs also at Pol. 1278a6 
and 1305b20. 

A 65-77: A new sentence begins with Kai ow S1j. Aly's failure to 
recognize this led to several misconceptions and to Sbordone's un­
likely emendation Ka<8)' oea and to Keaney's proposal to delete the 
particle JLEV in line 67. The JLEV of 67 and the SE of 69 are coordinate. 
In 69-70 Keaney rejects the reading Kav' a7Toc/nry1jv, which made sense 
to Aly and Sbordone, partly because the meaning 'acquittal' is not 
elsewhere attested, but surely it can be carried over from the verb 
a7Toc/>€vY€LV. The emendation Kav a7Toc/>vY?7{V}, which tempted Keaney, 
would depart from the text without any clear gain. The comma which 
Aly placed before oclwe in A 73 might better follow the word. 

A 77-78: If [cSEXO ]V'TaL could be restored in line 78, the sense might be 
that such cases could be reopened as long as the suspect(s) lived. 

TEXT, FRAGMENT B 

FOL. sr 
col. i 

, JI l Kat a7T€LpOV € -
, 

vaL e'Tpa7TJYov· 

'r1 yap f3)..af3TJ Ka~ 

oin-we JL€y&'>"TJ 
\ , , ) , 

5 7T/\TJV OVK a7TO Ka-
, -'-\\' t'-\ KLae. a/\/\a oTJ/\ov 

we aJLc/>o tV cS€ t 
c'Toxa{€C8aL. Kpa­

'TLC'TOV cS' € t 'TLC. 
10 ' .... fl.' , €K 'TWV ,...LWV KaL 

'T~e ayw~e. ilia 
\" .... '" JLTJ £K 7TJe OVCL-

(xc. )"aJL{3avoL rY]v , ., . 
7TLC'TLV. 07T€P TJ 

15 7TaLcS<€ >La Ka~ 'Ta E-

8TJ 'Ta XPT/e'Ta 'T~e 
7To)..L'T€Lae a7To­

'T€)..€L. cSOK€L yoVv 
t t \ , _ , 

we €7TL 'TO 7Tav ap-

20 xai·KwTEpOC 0 - , 'TWV 'TLJLTJJLa'TWv 
vOJLoe €lVaL cS[L]­
a 'TO KWAV€LV av 

7TOAAaK{ €}LC 'TOUC 

25 &A7]8{ € }LVOUC 'r1-
, JI 

Y€JLovae. OV'T€ 
, 'E ' ~ yap 7TaJL < € >LVWVOae 

OV'T€ II €)..o7TLcSae 
OV'T€ 'A8~V7J8€v 



col. ii 

JAMES H. OLIVER 327 

Q'" , ,..pU%C €crpa'TTJ'Y"I-

cay (<Xv> ov8' ol TOV-

" I 'TWV €n 7TPOT€-

pOV Kat aJ.L€tvovc, 

35 'ApLCT(OtS'11C KaL 8€­
f.'LCTOKAfjc. q,at-

V€TaL S' o~v Ka8o-

AOV 'TLVtX CKEtPLV 
" , ~ ~ EX€LV J 'Twac O€ t 

40 KaTtX 7TAoVrov KaL 

40a (ap€T1]v alpE;:c8at~ 

44 

50 

55 

60 

f.'a.AAov KaT' > 
, \ I 

etpE77JV f.'OVOV .. \ - , 
TJ 7TI\OV'TOV. EV 

\ " pT]Tat J TetC ovctac 

T'TIpoikLV' Eic ~E 

vOf.'oq,vAaKtav 
., I 

TJ nva TOtetV77JV 
• I ~ 

ET€paV OLKetLO-
I t' ~ \ 

CVVTJC OEL. 7TpOC 
~ , , 
O€ CTpet'T'11YLetV 

, ""'''1: " Kat TWV €l;W KaL 

nov £V rfj 7ToAEt 
, ".... ) 

KVpta (v > 7TpOC Tn a-- \ , 
p€Tn KetL XOP'11YL-

" • I etv EXEW LKaVTJV J 

, " ~'" t €7Tt OE TpLTOV J WC 
., \, 

ELp71TetL , T71V Ef.'-
, , " 7T€LpLetV. KaL €CTL 

, ,.. "" TpLa TaVTa 7TEpL TetC 

\ , -
VTJCtC - TO yap T71c 

" I EVVOLac KOWOV -

65 'f" " " ~ I WV 'Tet f.'€V avo 

[8]E;: 7TacaLC, Ta 8£ 

'Tfjc c/>P0V7}CE-
,~ , , 

WC LOLWTEPOV €V 
., I ) I 

EVLaLC, etvetYKaLO-

70 TaTOV 5' £V TatC J.LE-
, \' [~] YLC'TetLC. KetL etpKE L 
I , '~I \ 

yE 7TWC, EL aoo/\wc 

€lc af.'q,w f3U-
, B \ 7TOVCL - etyet et 

75 " t '"'' \ , yap wc E7TL 'TO 7TO/\V 

80 

85 

col. III 

90 

" ~.... \" l' €7TLOELV KaL etpL-

CT[ a] 8~ KaLpovc 

yvw[v]at 7Tap' aAAo[v] -

wcB' et[Zp ]ELcBetL [8La] 
\ , , 

77Jv EVf.'oLpLav 
, \ ~, 

KetL TTJV oVVetf.'LV, 
" t" \ a ' €VLOL O€ 7TpOC uet-

, \ " 
TEpa, aCTOVC apL-

CTOVC yap KptVOV­

CW, oi S£ 7TA€LC'TOL 

" f3 KaL XELpLC'Ta ov-
\ I \ 
/\EV0f.'EVOL 7TpOC 

" " -'- \ 'TTJV ovctav. a/\TJ-
a \ ~ I If '\ I 
U€C O€, 07T€P €/\€-

X871 7TpOT€pOV, 
t C' \ ~ I 

wc at f.'€V O€OV-
-~ \ ' 'TetL f.'a/\LCTet 7TLCT€-

• t" .J.. ' WC, ett O€ 'f'pOVTJ-

C€WC KaL Suvo-

95 t ~ \ , 
T71TOC, at O€ €7TL-

\ , " ., , 
1'£/\ (£ >LetC KetL L'Tetf.'0-

.. "a 77JTOC, av £XULC-

TOV V, orov 7TpOC €­
KaC'Tet vop.CfJ p.Ev 

100 ,. It' 
OV pCf-OLOV Ket'Tet-

I ,\ 

V€f.'uv· av'TOVC 

8E 80KLJLcX{OV­

Tac atp€ Lc8aL XP~ 
\' ~ 'TOVC €7TLTTJO (€ )LO-



328 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

105 

110 

114 

120 

125 

130 

FoL. BV 
col. i 

135 

140 

'Tchovc. E1rEl 8E 
" 8' EIIUX', lCa a1rEp 
',\'8 ,. E EX TJ, lCa, EP.1rE'-, ~ , , 
p,ac OEOJI'Ta" 1rpOC 

I '8-" 'TaV'Tac op wc E-

xn 'Tb 1rapa'EV-
, \ t, 

yvvlla, 'Twac aE' 

- I 'TWII IIEW'TEPWII, 
01rWC 1ra,8EV < c >011-

, """ t~ I 'Tal. 1rapa 'TWV noo-

'TWII p.TJ8EII XEt-
pOV 8w,lCovp.'-

VWII 'TWV 'T7jc 
, \ " 1rOI\EWC, 01rEP 
, "A ' lCa, yvWV 1rO'TE 

cVVE/lOV'\EVEV 

• A8TJvato,c E1r{ E}' 
'TWV C'Tpa'TTlywII 
1rapa8E{yp.an XPTJ-

, -cap.EVOC 'TctJ 1rE-
" , pI. 'Ta ICVVTJYEaa' 

\ \ ,... , 
lCat yap EICEt CICV-

'\aKac EcpTJ 1rapEp.­

/laAEtll dE' TOVC 
Cp,,\olCvvr1yovc. 

..... ~ \ \ .... XpwJl'Ta, OE lCa, IIVV 
" - , Ev,aL 'TWV <v>op.ctJ 'Ta-

K'TWII E'\a'T'TOVwv 

1rO'\EWV [Ka ]8cX1rEP 
Kapvc'T{wII Ka, Kv-
8 ' -, V,WV' 'TpE 'C P.EV 

\ "\ ... .. yap E1r' TWV EC'Tpa-
, ,,~ 

TTJYTJICO'TWV TJOTJ, 
Svo S' EIC TWV VE­

W'T'PWII lCa8,-- -~\ C'Tac,. p.aIUCTa 
.,., , ~ ... 

OVV EV 'TaV'T'[J oft 
, , I 

P.EYLC'TOVC aVTJ-
I , 

ICEW lCa,povc ov 

145 

150 

155 

160 

165 

170 

175 

col. ii 

180 

'-'_\\\ \ t' p.7JV al\l\a Kat. Ec:t.v 
_~" I al\l\rJ 'TO,av'TrJ cur-

I .1 f Ka'Tap.<E >'ICTOC tI 0-
, - f,\ P-O'WC, 'Ta,c 7J L-

, ,\ I lC,aLC Eyop.EvaLC 
" , , ap.a ICOCP.OV lCat 
., ....' ... ap.a 'Tate alCp.atc 
~ I f I ovvap.w V1rapXELV, 

olov Ev rfj yv­

p.vaaapx{ E }ler 'TOV-
, . -'TO yap ov lCalCwc 

If f, ~ J 
ot. atpovp.EVO£ avo, 
,\ IJ I 'TOV P.EV 1rPEC,..V-

, ~, 

'TEpOV, 'TOV oE VE-
I " W'TEpOV, 01rWC 

f , .. _I:' o P.EV EV'T~ LaV 

1rap€XrJ p.E'Ta8L-
80vc, 0 8E aVTbc 

cvva1r08vop.E-

voc ~YE~V y{E}t-
- I VTJ'TaL 'TWV 1r0-

, \ ~ , 
VWV. ov yap o'lCat-

OV ap.cpw 'TaV'Ta 
, ",\ []' T7JV av'TTlv a'T p Et-

" , .J._ av EXE'V' ap.'fIU-
'T'PWV 8E ~ E1r{E}L­
,."'\ELa. 8Et'TaL 8E 
alc8~c[ EW]C XPTJ­
C'Tijc &,\Aa SEt 1rp6-

'TEpOV a'\'\ac 1rPO­

cXp~aL 'TbV P.€,\-
'\OVTa TaC P.E{-
'OVC apeELV, ()1rEP 

lCa[L] E1r' 'T7jc C'Tpa­

'TTly{ E }lac E"'x87J. 
a'To1rov y<ap> EL <> p.~ 

'T~Lapx~cac p.7J-
BE cpv'\apricac 

'8' ~ , EV vc Et'Ta EC'Tpa-



185 

190 

195 

200 

205 

210 

215 

220 

JAMES H. OLIVER 

T~'Y1JC€' TaLc fLE[V], 
WC €[O]O~E, ava1TE[L]-

- B \ , pac aL XP7J 1TPOTE-

pov, TaLc 0' tie [ T ]a­

Ta - aVOLV iVEKa' 

[ T ]av[ T]77 y[ ap] Tfi 

o[L]aBE-
, ~, 

C€t TOV 1TPOCOOKTJ-
[ ']' , ') caVTa E 1TLTOVOV T a-

1Tap[Tl]'E[L] Ka~ cPLAO­

nfL6TEpov 1Ta[p ]a­

cKE[v]a'E[L] 1TpO[C] 1T[EL]­

pay OLa T[a]C [B]ECELC 

TWV fLEL'OVWV ij, 
fI ., "'H 01TEP TiV Kat EV -

, ~ \ \ 

1TELPCP, OLa T'Y/V fLO-
, - ~, V7Jv, TOVTOV DE 

EK TWV EAaTT6-

vwv apxwv ij TWV 
'" \ 'Y E1TL Tac fLEL,:>OVC 

acP0pLc(JEtC wv 

[ "]' , K at EV vOfLCP EVLa-

[X]ov O[EL aV]EA[l]c(Ja[L] 

Ka<Ba>1TEp EV C/>w-
- " KEVCtV' TOVC yap 

CTpaTTiYovc Ka­

(JtCTaCLV EK [TW]V 

1TEcPVAap[x ]7JK6TWV 

Kap] TETafLLEVKO-
, ~, "\ 

TWV, XP7J 0 OI\WC 
,~ , " OVOEva avapxov 

[a]pXELV €WC TOV 

a{3ovAEvTOV, WC-

1TEp EV 'AfL{3paK{~' 
XOp7JY < E > I: yap JA[ 'cOat] 

" [' ] TOV EfL1TELp La v 

AafL{3avovTa TWV , 
KEKOLVWfLEVWV 
,\ , \ 

aEL KaL fLETa VEW-

col. iii 

225 

230 

235 

240 

245 

249a 

250 

255 

329 

, .~,~, 

TEpWV, EL DE 0Ti 
'" , ... f [] 1TOT E1T aVTcp 7J 1T 0 -

[ALT]Ela, OEt OOV e[va] 

ad avopa 1ToAAo[LC] 

[a ]1Ta[~a]1TacLv ava­

[fLL~] 1TpocapXELV , , , 
Tac fLEYLcTac ap-

I 'f' , It 

xac, OLDV Kat EV 

[y' "A]PYEL, KaV fL~ , , , 
1TpOTEpOV, Kat EV 

KapX7JOOVL {3aCL­

AEvcaL Kat CTpa-- , , 
TTJYTJcaL' EK TOV-

TWV yap ~ YEPOV-
, " _ 1'[] na 1Tap aVTO LC 7J v , 

'\\\ \ tI , al\l\a yap tCWC av-
, \ '3-

Tot fLEV OVX 'IT-

TOV afLa Tfi apXT/ 

[n ]fL~V €XOVCLV 

Ta[~EL], En OE EV i­
[EpoLc] CLT~COV­

TaL, TOVTO 1TELpa-
" I TEO V avaTpE1TELV, 

Oo[ KEL] OE EXELV 6 
[Elp7JfL ]£v[ oc] nfL~[v] 
ac[ KWV] Ta E[ 1T ]L(JEfLLC­

Ta [K ]a[t OLa] TO av£y­

[KA7JTO]V Elc TO: KOL-
\ ~ ~ fr) va OLaT'Y/pELV, ;:,~C 

~'" , f <0 apX7Jv fLETLOVTEC O£ > 
AOYOV a1ToOL06v-

TEC TpLaKoVTaE-

TEtC OEX(J~COVTaL, 
',I..' " ~ , " E't' a oLaT<E > LVWCL av' 

, \"c ' ov yap E~ECTL TOV 
, , 
E1TaLTLwfLEVOV 
f , ~ " V1TO T7JC 1TOI\EWC, 

apx{ E }LKWC ovBEv 
~, " ovvafLEvov ov-



330 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

"/; 'r " 'T £S£'Ta,:>£LV OV'T£ 

260 KOA&{£LV. Kat Ka­

'Ta7TA~'T'T£eOaL 

'TOlle aMove 'TOV 
t _ 

£av'Tcp 7'L eVV£L-

S<ha cPAavpov 

B 54 KVPLa: AIy, Kvpla[v] Lewis. 1131T<XLSEv<w >v- Aly. 179 rEI cod., y<ap> El 

supplevi. 224-26 1TO,uO[iJ] [a]1Ta[~a]1TCinv dxgtov> ava[TEL] (?) AIy, 1TO,uO[iJ] 
1Ta[pa] 1Tanv <Xv a[~tov] Sbordone. 249a supplevi. 

TRANSLATION OF FRAGMENT B 

RECTO. [- - -] and a general be inexperienced. The harm here is just 
as great but not from vice. Well then, it is clear that we ought to 
aim at both. 

It is best when one wins trust from his life style and education 
rather than from his property. His culture and the good record of his 
public career bring that about. On the whole, the law (restricting 
office to men) of the (specified) census ratings seems to be too old­
fashioned, because it would often keep out the true leaders. For 
instance, neither Epaminondas nor Pelopidas nor, from Athens, 
Iphicrates and Chabrias (would) have been generals, nor still earlier 
than these and better, Aristides and Themistocles. Altogether then 
it is a delicate question apparently who should (be chosen) on a basis 
of wealth and (excellence or more on a basis of) excellence only, or 
of wealth. For instance, in the post of treasurer, as has been said, they 
retain the property qualifications. But for the guardianship of the 
laws or some other such post justice is needed. For a magistracy that 
has supreme control of things, both outside and inside the city, (the 
candidate) must have sufficient means in addition to his personal 
excellence. In third place, as has been said, (put) experience. In fact, 
in connection with the (elective) offices there are these three (require­
ments)-for (we assume) that of goodwill in all (candidates)-moral 
excellence, financial independence, judgement. Of these (qualifica­
tions) the two first are necessary to all offices. As for the advantages 
of judgement, (this qualification) is a rather exceptional one in some 
offices but is most imperatively necessary in the greatest offices. And 
it suffices in a way if, since the (advantages of judgement) are good for 
seeing what is right in the long run and are best for recognizing 
alternative opportunities, they look honestly, with an eye to both, 
(for a man) to elect [on account of] his good natural endowment and 
his effectiveness. But while some (do look) for one or the other 



JAMES H. OLIVER 331 

because they choose among excellent citizens, the majority of very 
poor counsel (have their eyes on) the material assets. 

It is true, as was said previously, that some offices particularly need 
a trustworthy man, others a man of judgement and eloquence, still 
others a man who takes pains and, even though it be very unlovable, 
is aggressive. The (voters) themselves, as they test the candidates, 
must choose those who are most suitable. 

Since some offices, as was said, need also experienced men, for these 
offices it is right that some of the younger men on each occasion be 
included in the team in such a way that they will receive training from 
those who know without the city's affairs being administered any 
the worse. That is what Hagnon once advised the Athenians in the 
case of the generals. He used the training of hunting dogs as a model; 
he said that hunting enthusiasts always put in young dogs among the 
rest. Even now some of the juristically organized lesser 
[VERSO] cities use (this method) like the Carystians and Cythnians. 
They appoint three from among those who have already been generals 
and two from the younger men. Certainly in this (post) very serious 
situations inevitably arise; nevertheless, if it is smoothly combined 
with another such (post), with the so-called ages working together 
there (ought to) be order and with the acmes (of physical and mental 
development) working together effectiveness, as in the gymnasiarchy. 
For they do well who elect two for this, the one rather old, the other 
rather young, so that the first provides good order with his par­
ticipation, the other by stripping off his garment and joining in 
becomes a leader in the hard exercise. For it is not right that both 
perform the same service here, but both are in charge. 

There is need of (bright men with) good perception, but one who 
is going to hold the more important offices ought first to hold other 
posts, as was said in the case of the generalship. (For) it is absurd when 
one who has never been taxiarch or phylarch has presently become 
general, for instance. As was agreed. he must be tried out in some 
offices ahead of time, in other offices last. For two reasons: by this 
arrangement (the city) puts the ambitious man on his mettle and 
makes him more eager for a test on account of the posts of greater 
importance, or, as was the case, by the way, in Epirus, on account of 
the permanence (in office). To take this man from the lesser posts or 
from those earmarked as stepping-stones to the more important 
posts (the city) is in some places required even by law, as among the 



332 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

Phocians: they appoint their generals from the ex-phylarchs and ex­
treasurers. In general, no one must hold office without previous 
experience in office. except as councillor as in Ambracia. In fact it is 
rewarding to elect on each occasion even among the younger men the 
kind of man who is receiving experience of public affairs. 

If ever the polity depends upon him, then it is necessary that on 
each occasion one man for many (duties) all intermingled hold in 
cumulation the highest offices. as both in Argos. though not pre­
viously, and in Carthage to become king and to become general. 
(Not previously at Argos), for these were the offices from (whose 
ex-incumbents) their senate was enrolled. 

Well anyhow, while they themselves are in office, along with it 
they perhaps have, [by a standing arrangement, honorary main­
tenance] as well; later on they will be fed in [sanctuaries]. This (is not 
proper and) one should try to overturn it. But it seems right that the 
[aforesaid man] have honor when he practices actions in conformity 
with justice and for holding himself above reproach in respect to 
public affairs. 

As <candidates those) thirty years old who render a satisfactory 
account (of their status) will be accepted for whatever (posts) they con­
tinue to aim. For it is not permissible (to accept) one who is under 
investigation by the city, unable either to examine anything officially 
or to inflict punishment, and for him who is conscious of some defect 
(in his own position) to be afraid of the others [- - -] 

COMMENTARY ON FRAGMENT B 

B 1-8: The fragment begins with a reference to the importance of 
experience, importance in third place, in the selection of a magistrate 
or officer. The example chosen is that of a general. Since the apl:-rr7 of 
a general certainly includes courage, its opposite (KaKla= 'ignavia' 
Aly) is translated 'cowardice' by K/Sz. The absence of this apI:T~, 
which includes more than courage, is a primary disqualification, but 
inexperience too can make a good man a bad general. The word 
aJ.L~oiv in line 7 seems to mean 'excellence' and 'experience', and if 
so, the subject ends in line 8, not in line 6. 

B 8-18: Dropping inexperience, the author returns to the two first 
qualities which, he has said in a section now lost, recommend a 
candidate for public office. He advises the reader to put less faith in 
wealth as a sign of excellence, which should be distinguished from 



JAMES H. OLIVER 333 

wealth. The wealthy were often called the best citizens, or the good, 
substantial people (Cicero's boni et locupletes), or the XP7JCTOL, and this 
terminology tended to obscure recognition of true excellence. The 
Old Oligarch, Ath.Pol. 2.19 says: "I claim that the demos of Athens 
know who are the XPT}(Tol of the citizens and who the 7roJ'T}pol, and 
knowing them, they love those who are most suitable and useful to 
them. For they do not think that excellence in (the XP7JCTOL) has 
developed to their advantage but to their disadvantage." 

B 18-26: Aristotle's second type of democracy (Pol. 4.1291b38-41) 
was TO TaC apXac a'TTO TtJL7JJLtXTWV ErV(XL. Theophrastus will not have it 
because it is too old-fashioned. Aly points to Pluto Phocion 27 on the 
regrettable reorganization of 322 B.C., when 12,000 Athenians lost 
their citizenship because of what purported to be the mXTpwc 8,eX 
T'JL7JJLtXTWV 'TTOA'TELa. In general see W. S. Ferguson, Hellenistic Athens 
(London 1911) 22-26, and for background A. Fuks, The Ancestral 
Constitution (London 1953), and E. Ruschenbusch, "[]tXTPWC []oA'TELa," 

Historia 7 (1958) 398-424. 
B 26-36: Phocion, who died in 318, is not mentioned among the poor 

men who served as generals. For Aly this was very significant. Aly 
infers that Phocion was still alive, or, more probably, was deliberately 
passed over because of his support for oligarchy. 

B 40-41: R. P. Oliver assumes the loss of apET~v ~ Ka.T· between 
lines 40 and 41 and understands TLvac (apxovTac) SEt (aipEtc8a,) in 
line 40. Similarly Sbordone assumes the loss of ~ KaT' apET~v in line 
41. It appears that the scribe's eye leaped from one ap€~JI to a second, 
but since a lacuna is then beyond question, a lacuna of five words is 
not more difficult to assume than one of three words. Aly had already 
translated "quos creare debemus." 

B 42-56: The author, having just recognized that in respect to the 
necessity of excellence or wealth in the officeholder the public offices 
fell into three groups, gives one example from each group. On the 
JloJLocpvAaKta (B 47) see now J. Aubonnet's note in the Bude Aristotle, 
Politique IL2 (Paris 1973) 31Of. This office, proposed by Plato and called 
by Arist. Pol. 1322b8 an aristocratic institution, would primarily 
require justice ( = excellence), and the office of treasurer (tradition­
ally) requires wealth (which in the small and observant world of the 
classical city made a man so vulnerable to a suit for recovery and 
penalties that both his responsibility and freedom from temptation 
could easily be assumed, but not in the Roman world). In an emer-



334 V ATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

gency a treasurer might be expected to advance the money from his 
own estate. The supreme command, on the other hand, might be an 
example of an office requiring both wealth and excellence, but the 
author significantly substitutes "sufficient property" for wealth. 
Sufficient property, which assures financial independence, is less than 
wealth. The author dissociates himself from oligarchic theory. He is 
also correcting Arist. Pol. 1309b4-6, EV C'Tpa'TTJylff !-LEV one should look 

• \. I ~\\ ~. ~ • t'\.J.. \ - \ " I 
ELC TTJV E!-L7TELptav !-Lal\l\ov TTJC apETTJC, EV DE 'l'Vl\aKT/ Kat 'Ta!-LtELff 'TaVaV'TLa. 

The main interest of this passage, however, lies in the use of the 
word c'Tpa'TTJylav for the highest post in the city,5 the supreme com­
mand both at home and abroad, and if one asks himself what post 
at Athens could be described in this way, it would indeed have to be 
that of the hoplite general. Sbordone (p.276 n.1) gave the correct 
reference, Arist. Ath.Pol. 61, but without noting the implications. At 
Athens, the most important city, the archonship had once been the 
supreme post (Arist. Ath.Pol. 13, 10-12) and had remained the epony­
mous office even when stripped of power, but a single generalship 
of this type could not have existed at Athens until sometime after 
the Battle of Chaeronea (so rightly Th. Chr. Sarikakis, The Hoplite 
General [Diss. Princeton 1951] 12-14). Since Sarikakis placed the 
creation of the supreme hop lite generalship before 322/1 (last pos­
sible date for Ath.Pol. 61), he was puzzled to find that the next earliest 
reference supposedly occurred in an inscription, IG 112 682, of the third 
century B.C. For he overlooked the Theophrastean fragment or dis­
counted it as not specific enough evidence for Athens. 

B 59-71: After discussing the relative importance of different 
requirements for different offices, the author reaffirms clearly the 
basic requirements for elective office, namely excellence, financial 
independence (basic in the ancient city where no salary was attached 
to high public office), and in third place judgement by way of ex­
perience. This is the essence of his thesis, and the comment CTJ = nota 
bene appears in the margin. For a marginal comment introduced by 
CTJ!-L see PSI XIV 1449 (Ulpian, Ad edictum). 

It was Sbordone (p.286) who pointed out that in B 59-81 the author 
has Arist. Pol. 1309a32ff in mind. Aristotle says: 

There are three qualities which those who are. going to occupy the 
chief offices must have; first, loyalty (t/>,).tav) to the established con-

5 The term is already evolVing roward the usage of Modestinus in Digest XXVII 1.6.14 
and 1.15.9. 



JAMES H. OLIVER 

stitution; next, a very great ability (SvvafLLv) to perform the tasks of 
the office; third, excellence (apenlv) and justice (SLKaWcVJI7)v) of the 
kind required in each form of constitution. 

335 

The author of the Vatican fragments places excellence first, then 
sufficient property (one meaning of 8JvafLLc was capability in the 
sense of enough wealth to permit leisure), and in third place judge~ 
ment (also included in Aristotle's broad term SJvaJLtc). Theophrastus 
retains a tricolon by breaking up SJvaJLLC into two very different 
types of ability and by eliminating c/>tALa, which he replaces with 
another word, d,vow, and puts aside. With the adjective KOLVDV of 
B 64 compare Arist. Pol. 1309b8, ~ DE €mCT~JLTJ KOLV~ 1T<XCLV. Since 
Theophrastus unlike Aristotle is not differentiating one constitution 
from another (as KjSz emphasize), c/>tALa is no longer the right word. 
The EvvoLa is that toward the citizens or the city as a whole, as in 
third century decrees like IG 1I2 682, lines 21 and 60, and IG 1I2 1299, 
line 14. 

B 71-81, Ka~ apKE[£] y' 7TWC, El aS6Awc Elc rxJLc/>w f3>.i7TOVCL ... wcf)' 

a[lp ]E£cf)at [St/x] T~V El)J1.oLp{av Ka~ T~V SVvaJLLv. One notes a similar 
expression in Arist. Pol. 1273a29, aipoVVTCxt yap (the Carthaginians) 
dc Svo TaVTa f3M7TOVTEC (wealth and apE~) Ka~ f-LaALCTa TaC JLEYLcTac, 

TOVC'TE f3aCLAE£c Ka~ TOVC cTpaTTJYoVc. But it is also true that, as Sbor~ 
done (p.286) noted, the author has Arist. Pol. 1309b3, €OLKE SE SE£V 
f3M7TELV dc Svo, in mind. Aristotle had just said, "The difficulty arises 
when all three qualities are not united in one man and you have to 

choose; it is then necessary to look for what quality all have to a 
larger extent and what to a lesser extent." For the generalship, 
experience, being rare, means more than apE~, but it is the other 
way around EV c/>vAaK'fi Kat TaJLLE{([-. So here, if you have to choose, you 
settle for what seems more important (rare) in this particular office. 
The problem here is to identify what is meant by Cl.JLc/>W. Sbordone 
(p.276) assumes that the author refers to the apET~ and KTfjCLC of lines 
61-62. A difficulty lies in the neuter plural of the yap clause which 
follows f3M7TOVCL. One alternative (ours, see below) is to identify 
rxJLc/>w with the two qualities EVJLOtp{a and 8Jvaf'LC in the same sentence 
after the yap clause, which interrupts. Another alternative is to 

identify rxJLc/>w with apE~ and cPp6VTJCLC of lines 61-63. The author as a 
stylist lacks clarity of presentation. 

The yap clause of lines 74-78: ayaf)a yap wc E7Tt T6 7ToAJ T' €mSEtV 
Ka/. Cl.pLCTa S~ KatpOVC yvwvaL 7Tap' Cl.AAo[v]. The first and main problem 



336 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

is the neuter plural. As he composed this clause, the author was not 
thinking in terms of two feminine nouns (apen] and K'TfjCLC), as 
Sbordone claims, but of the neuter plural in lines 66-68, 'T<X 'Tfjc 
cPP0vfJCEWC. Surely his mind dwelt here on the appreciation of Themis­
tocles given by Thuc. 1.138.3 because he had just expressed admiration 
for Themistocles in lines 34-36. For any Greek of the end of the fourth 
century Themistocles was the great example of cPPOVTJCLC in a states­
man. Finally, whereas Aly restored 'Trap' a'\'\o[v] and translated 
«praeter cetel-os," and Sbordone would read 'Trap' a'\'\o and translated 
«pili che altro," we refer the reader to LSJ s.v. 'Trapa 17 for our inter­
pretation "alternate opportunities." 

B 80-81, 'T~V EVfLo,pLav Kai 'T~V 8vvafLw. These qualities equal or 
subsume 'T<X 'Tfjc cPP0vfJCEWC. They imply the olKE'ia ~VVECLC and the 
cPVCEWC 8vvafL'c of a Themistocles (Thuc. 1.138.3) rather than the 
apEn] of an ideal even for political life. 

B 85-88: Unlike those who look for candidates of personal ex­
cellence, the majority of voters, being men of poor discernment, 
prefer candidates recommended by their property. This would be 
true in cities controlled by oligarchs with dependent followers, also 
in other cities with many citizens looking for entertainment and food 
from wealthy officeholders, but the author seems to have in mind 
primarily the confusion between true excellence and the misleading 
terminology (fU'\nc'To,) discussed above in connection with B 
8-18, the tendency to use wealth as a test of good, substantial 
citizens. 

B 97-98: Sbordone correctly read £xlhc'TOV for AIy's £xO'C'Toc. 
B 113: Future indicative rather than subjunctive, to stress modality 

rather than finality. 
B 118-29: H. C. Avery, "Lysias 12.65," CP 61 (1966) 257-58, attributes 

Hagnon's speech not to 419 B.C. (so Aly) but to 413, when Hagnon was 
one of the probouloi. 

B 131, 'TWV <v)ofL<P 'TaK'TWV (Sbordone), not 'TWV ofL< o)'TaK'TWV (Aly 
and KjSz): compare Arist. Pol. 5.1306b20, 'TWV €VVOfLWV STJfLoKpanwv 
Kai d'\,yapx,wv. Omissions are frequent, occurring in A 3, 9, 64, B 32, 
40a, 54, 179, 205, 249a. Not a single case of confusion between omega 
and omicron occurs. 

B 135-40, "They appoint three from those who are already ex­
generals and two from the younger men." The best comparisons are 
with Roman commissions such as that of the SC de pecuniis repetundis 



JAMES H. OLIVER 337 

(R. K. Sherk, Roman Documents no.31 ; Ehrenberg/Jones, Documents2 

no.311) lines 107-12, and Tac. Ann. 3.28, quinque consularium, quinque 
e praetoriis, totidem e cetero senatu. 

B 140-53: Aly's translation suffers from basic misunderstandings. 
In B 146-47 the comma should follow, not precede, OjLo[wc, which, 
meaning "in a more or less equal fashion," goes with KaTajLELKTOC. 

Sbordone, who edits aAA7J TOtaVT7J for Aly's aAA-n TOtavTT/, translates: 
"Sopratutto in questa (magistratura) possono verificarsi Ie situazioni 
piu gravi, per quanto la coesistenza del prestigio con Ie eta menzionate 
(mature, se non erro), e quella del vigore con la giovinezza possa 
aver luogo anche quando un'altra carica congenere risulti mista, e 
l'esempio e dato dalla ginnasiarchia." Sbordone is right in his inter­
pretation of the phrase tv TavT'[J in B 141, which Aly translated "in 
hac civitate," and (unlike Aly) he may be right also in his interpreta­
tion of the phrasejLEYLcTovc .. KaLpavc in B 142-43, referring the reader 
to Xen. Hell. 6.5.33. But he has mistakenly followed Aly's "aetatibus 
supra indicatis(?)" for TaZc ~ALK{aLc AEyojLEvaLC (B 147-48) with a 
translation that presupposes a past participle. He seems, moreover, 
to have misinterpreted ou /-,~v &AAcf in B 143-44 (cf J. D. Denniston, 
The Greek Particles [Oxford 1934] 28-30). After au /-'TJv &AAcf there must 
be a verb on which the infinitive inrcfpXELv of B 151 depends. If the 
verb has not been lost by omission, it may lie in the AEY0/-,EV of B 148 
or be understood as a repetition of the DEZ of B 141. Since to read 
MYO/-,EV in B 148 would leave us with other problems (not so much a 
vestige aLC to explain as a stylistically unlikely verb of the first per­
son), we assume that a verb DEZ is understood. Accepting AEyopEVatC 

as the reading, we infer that "the so-called ages" is a reference to the 
division of troops into seniores and iuniores in military systems with 
only two age groups, because ~ALK{a by itself does not mean' maturity'. 
The same division was often imitated in social clubs and gymnasia. 
The cooperation of an older and a younger man is interpreted by 
Theophrastus as assuring the advantages of both and minimizing the 
weakness of either. K/ Sz identify the two as gymnasiarch and hypo­
gymnasiarch. The acme of the body is between 29 and 35, that of the 
mind begins at 49 (Arist. Pol. 1390b9). 

B 179, aTol7ov y< ap) EL: Aly read &T01T/JV Y' EL, KTA., bur the sentence 
needs a connective. Compare Theophr. fr.97, 5 (Wimmer), &TOl7OV 

yap €av ... 
B 183-87: At Rome the cursus honorum, connected with the lex 



338 VATICAN FRAGMENTS OF GREEK POLITICAL THEORY 

Villia (180 B.C.) and the lex Cornelia de magistratibus (81 B.C.), clearly 
had precedents in Greek practice and political theory, as Aly noted. 

B 203-04: K[ a~ EV] VOfLi.p EVLa[x ]ov S[ €, av]€MCOaL Aly, vOfLi.p . .. 
o[€£ €~]€MCOaL Sbordone. The latter translates "scegliere in base alIa 
lege" and thinks that the candidates would not need to be prodded 
by a law. 

B 229: The restoration of the particle yE instead of Aly's 'T' is sug­
gested by A 59-60, €V Y[E] 'TOLC 'TOLOV'TOLC. 

B 230-33: The cumulation of offices at Carthage was noted by Arist. 
Pol. 1273b8-9. On suffetes (basileis) and strategoi compare E. Groag, 
Hannibal der Politiker (Vienna 1929) ch.6, and H. Bengtson, "Zur 
karthagischen Strategie," Aegyptus 32 (1952) 378-82 (= Kl.Schr. 110-14). 

B 233-35: Theophrastus would have used the form gerousia like 
Arist. Pol. 1272b27 and the present tense, if, as previous commentators 
thought, he had been speaking of Carthage. He refers to Argos, 
because he uses the Doric form gerontia. The gerontia of Argos was, 
I presume, the corporation known as the Eighty, on which M. Warrle, 
Untersuchungen \:ur Verfassungsgeschichte von Argos im 5. Jahrhundert 
vor Christus (Munich 1964) 56-61, has collected and discussed the pre­
viously known information. That it consisted of ex-magistrates was 
merely suspected. 

B 235-43: Our text differs from Aly's and Sbordone's by the sub­
stitution of 'Ta[~€L] for 'Ta [vvv] in B 240, partly because the phrase 
av'TO~ fLEV (and not a phrase in B 240, where the reference, I think, is to 
an arrangement in the OL<l-ra~LC or budget) contrasts with €n oE. The 
interpretation of the passage hinges also on whether the subject is 
Argive or Carthaginian practice, or common. If the author is speaking 
of a new Argive practice, an "allusion to the nocturnal meetings 
(cvccLna) of the Carthaginian Council in the Temple of Eshmiin, 
whence was exerted a tyrannical control over the entire state" CR. P. 
Oliver tentatively), may be ruled out. Because of the Doric form 
gerontia above in B 234-35 and because Aristotle's criticism of the 
Carthaginian constitution, c/>avAov 'TO 'TaC fLEytC'Tac cJwr}'rac ElvaL 'TWV 
apxwv, nJv 'TE {3aCLA€tav Ked 'T~V c'Tpa'T7]ytav (Pol. 1273a36-37), was so 
very different, it seems easier to associate the criticism from Theo­
phrastus with Argos, but the word 'Taxa suggests that he was speak­
ing in generalities. Sbordone, however, though he associated the 
criticism with Carthage, was right in contrasting Pol. 1273a32-35, 
where Aristotle prefers state support not only when men are in 



JAMES H. OLIVER 339 

office but afterwards in private life. Arist. Pol. 1273b6-7 commented 
that it was better, even if the lawmaker suffered the poverty of the 
good, to provide for their leisure at least when they were in office 
(apxovTwV yE £1TtfLEAELc8aL TfjC CxoAfjc). Theophrastus will have it only 
when they are in office. if at all. The common meals of the Athenian 
prytaneis and the aEtctT,a of officials who were entitled to food at 
public expense are worth notice in connection with this theme. The 
a(E)'ctTOL are mentioned in Athenian citations of the first half of the 
third century B.C. (Meritt-Trail I, Agora XV nos. 85 and 86) and in 
prytany decrees from the second half of the third century B.C. on, 
while lists of cX{CtTOL officials regularly accompanied Athenian prytany 
catalogues of the Roman Period. 

B 244-49: Aly worked out lines 244, 245 and 248, and from this start 
Sbordone recovered the wording of lines 246 and 247. The statement 
reflects an antithesis between honor and material rewards (cf H. W. 
Pleket, "Games, Prizes, Athletes and Ideology," Arena 1 [1976] 49-89). 
The honor earned at the time should be enough without expecting 
to be fed in a sanctuary later. The word €1TL8EfLLCTa, read by Sbordone, 
is new but regular in formation. 

B 249-53, <Dc < apx~v fLETtOVTEC oi) AOyoV a1TODtDOVTEC TpLaKovTaETELc 

DEX8~coVTat : The supplement apx~v fLETtOVTEC oi to accompany AOyOV 

cX1TOSLSOVTEC is suggested by the pair of infinitives in plut. Crassus 7, 
CVfL1TapaYYEXAELV Kat cvvEfETa'Ec8aL TOLC SEOfLEVOLC TL TOU S~fLOU. In his 
excellent study, "Principe d'anciennete dans Ie monde hellenique," 
MemAdnscr 43.2 (1951) 123-227, P. Roussel comments on p.165: "Si 
mal instruits que nous soyons de la constitution de la plupart des 
Etats grecs, nous avons constate, d'apres des faits precis, une tendance 
a retarder au moins jusqu'a trente ans l'entree dans la vie publique." 
Whereas Sbordone (p.280), connecting the passage with what pre­
ceded, translated, "di guisa che, dato conto del proprio passato, in 
eta di trent' anni possano (uomini siffatti) trovare adito a quelle 
cariche a cui vadano aspirando," the future tense makes it more 
natural to assume the start of a new paragraph on the age require­
ment, for which Roussel has collected abundant evidence from in­
scriptions and authors, though not from the newly published 
Theophrastus, or on legal requirements in general. On the thirty 
years requirement see also L. and J. Robert,jSav 1976, 196. 

B 260-64 may have been followed by a phrase like ElKOC €CTL. 

THE JOHNS HOPKINS UNIVERSITY 

July, 1977