CATALY´SEOS TOU DEMOU GRAPHE´
CATALY´SEOS TOU DEMOU GRAPHE´ (
καταλύσεως τοῦ δήμου γραφή was an action
brought against those persons who had altered, or attempted to alter, the
democratical form of government at Athens; and was closely connected with,
and scarcely distinguishable from, the
προδοσίας
γραφή (
ἐπὶ προδοσίᾳ τῆς πολέως,
ἢ ἐπὶ καταλύσει τοῦ δήμου συνιών,
Dem.
c. Timocr. p. 745.144). The form of proceeding was the
same in both cases; namely, by
εἰσαγγελία.
In the case of
καταλύσεως τοῦ δήμου, the
punishment was death; the property of the offender was confiscated to the
state, and a tenth part dedicated to Athena. A person was also liable to
this action who held any public office in the state after the democracy had
been subverted (Psephisma of Demophantus ap. Andoc.
de Myst.
§ § 96-98). The orator Lycurgus argues reasonably enough
that a conspiracy to subvert the constitution must be punished if it fails,
for if it succeeds the criminal will be out of the reach of punishment
(
c. Leocr. § § 124-126). But if his
statement of the law may be relied on, too much scope is allowed for vague
suspicion by the words
ἤν τις αἴσθηται μόνον
μέλλοντας αὐτοὺς τούτων τι ποιεῖν: and his argument in
§ 147, that Leocrates by his flight had become liable, among other
penalties, to an action
καταλύσεως τοῦ
δήμου, is an instance of constructive treason pushed to its
extremest limits. According to Andocides and Lycurgus, the decree of
Demophantus provided not only that the offender might be slain with
impunity, but that all Athenians should bind themselves by the most solemn
oaths to do their part in killing him.
[W.S] [W.W]
