Archil. fr. 232 West (= 50 Tarditi = 133 Bergk = 230 LB) reads as follows:
That the term νόμος should be interpreted here in a legal sense has never been contested, and justly so, since its attested meanings are ‘usage, custom, legal norm, statute, law’.Footnote 3 However, from the fifth century b.c.e. on, νόμοι are also related to music, referring to ‘melodies’ in general or, as a more technical term, to established ‘musical patterns’.Footnote 4 The notion of distribution, of an order socially accepted as valid, seems to underlie the use of νόμος in both the legal and the musical fields.Footnote 5
The context transmitting our fragment supports the notion that νόμος belongs to the legal sphere. Indeed, Archil. fr. 232 is known to us through a citation by Heraclides Lembus, in his synopsis of the Aristotelian Constitutions (14 Dilts = FHG 2.211 Müller):
ὅτι δὲ ἀρχαιοτάτη τῶν πολιτειῶν ἡ Κρητικὴ ἐμφαίνει καὶ Ὅμηρος λέγων· τὰς πόλεις αὐτῶν εὖ ναιεταώσας καὶ Ἀρχίλοχος ἐν οἷς ἐπισκώπτων τινάFootnote 6 φησι· νόμος δὲ Κρητικὸς διδάσκεται.
Homer too indicates that the Cretan is the eldest among the constitutions, as he says ‘their cities, well-inhabited’, and Archilochus says, in those lines in which he mocks someone, ‘the Cretan law is taught’. (transl. Dilts)
Embedded in a text dealing with constitutions, our fragment has been interpreted accordingly. But would it be legitimate to disconnect it from the citation context? In this article I shall argue that Heraclides, or his source, does not shed light on Archilochus’ original poem. Consequently, I propose an alternative contextualization, claiming that the fragment belongs to the field of music.
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As transmitted, our fragment has some textual difficulties. The paradosis may and has been defended,Footnote 7 yet scholars point out that διδάσκεται, understood as a passive verb, is unusual with a non-personal subject,Footnote 8 whereas the middle voice, ‘the Cretan law learns’, would make little sense either. A minor emendation of a common scribal mistake (ου into ο), as proposed by the sixteenth-century scholar Nicolaus Cragius (Niels Krag),Footnote 9 renders νόμους the object of a middle transitive:
Although only Bergk prints the emended text,Footnote 11 most commentators praise its elegance.
To what genre might Archil. fr. 232 have belonged? The line could be either an iambic trimeter or a trochaic tetrameter (West and Medaglia). Some scholars include the fragment among the Iambi (Tarditi and Treu); others among the Epodes (Lasserre and Bonnard); West locates it cautiously among fragments of uncertain genre. The introductory ‘mocking someone’ or ‘mocking some people’ (ἐπισκώπτων τινά / τινάς)Footnote 12 could suggest a piece of invective, possibly targeting stereotypical characteristics attributed to Cretans,Footnote 13 though ‘mocking’ may well derive from the perception of Archilochus as a blame poet.Footnote 14
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Let us take a look at the text transmitting Archil. fr. 232. The Constitutions is an epitome of 40 out of the 158 constitutions that ancient lists attribute to Aristotle. Heraclides is usually identified as the second-century b.c.e. Heraclides Lembus.Footnote 15 A politician with a passion for note-taking, he produced an Epitome of the Treatises of Hermippus on Lawgivers, on the Seven sages, and on Pythagoras (P.Oxy. 1367). It has been argued that the original epitome by Heraclides was excerpted even further.Footnote 16 Comparison between the Athenian Constitution preserved in P.Lond.Lit. 108 and Heraclides’ epitome is illuminating: the extant papyrus amounts to eighty-two pages in the standard Loeb edition, whereas Heraclides’ Athenian section hardly occupies two pages and a half.
Archilochus’ fragment, along with half a line from Homer, is cited in the opening paragraph of the Cretan section to support the priority of the Cretan constitution, presumably over that of the Spartans. Taking into account Heraclides’ and his excerptor's unsystematic approach towards extraction and reduction, the extent to which the original passage has been reduced cannot be measured. Both citations, however, appeared most probably in the original work.Footnote 17 That it was relatively rich in poetic citations is a safe assumption, judging from the use of Solon's poems in the Athenian Constitution.Footnote 18 To be sure, ancient Greek poets had a role in local history, particularly as chronological milestones, and their works were often used as sources.Footnote 19 In Heraclides’ excerpts, however, relatively few poets are mentioned: Alcman (Sparta, 9), the Lesbian singer, that is, Terpander (Sparta, 11), Archilochus (Paros, 25),Footnote 20 Euripides (Samos, 35), Zenocritus and perhaps Erasippus (Locris, 60) and Homer (Cephallenia, 64).Footnote 21 All these references are anecdotal and, at best, have a loose connection to the surrounding context.
Poetic citations in Heraclides’ Constitutions are even fewer: only five, including Archil. fr. 232. Let us examine their correspondence to the original poems where comparison is possible.
The Homeric πόλεις εὖ ναιεταώσας (Il. 2.648) in the Cretan constitution (14) was taken from the catalogue of ships. The epithet is applied to the Cretan cities of Phaestus and Rhytium, with no connection to the argument regarding the priority of the Cretan constitution (better supported by the reference to Crete and its mythological lawgiver Minos in Od. 19.172–81).Footnote 22 At any rate, the expression is very much part of the epic idiom.Footnote 23
The excerpts of the Cymean constitution (38) include a line of Hesiod's Works and Days (348):
ἔθος δὲ ἦν αὐτοῖς εἰς τὰ κλοπιμαῖα συμβάλλεσθαι τοὺς γείτονας, διὸ καὶ ὀλίγα ἀπόλλυνται. πάντες γὰρ ὁμοίως ἐτήρουν. καὶ Ἡσίοδος ἐντεῦθεν δοκεῖ λέγειν· οὐκ ἂν βοῦς ἀπόλοιτ’ εἰ μὴ γείτων κακὸς εἴη.
It is their custom for neighbors to make reparations for theft; therefore, they lose few things, for all are equally on guard. And for this reason, Hesiod seems to say, ‘A cow would not be lost unless one's neighbor were evil’. (transl. Dilts)
The original context of Hesiod's line is paraenetic, underlining the advantages of maintaining good terms with one's neighbours. Heraclides, or his source, transformed the piece of advice into a description of customs. The wording is preserved but the original purpose is lost.
The short Magnesian section (50) includes another citation from Archil. fr. 20:
οὗτοι δι’ ὑπερβολὴν ἀτυχημάτων πολλὰ ἐκακώθησαν. καί που καὶ Ἀρχίλοχός φησι· κλαίω θαλασσῶν, οὐ τὰ Μαγνήτων κακά.
They were much distressed by excessive misfortune. Somewhere Archilochus says, ‘I lament the seas’ evils, not those of the Magnesians’. (transl. Dilts)
The first part of the citation, θαλασσῶν, ‘of the seas’, is obviously corrupt.Footnote 24 Tyrwhitt's conjecture τὰ Θασίων, adopted by most editors of Archilochus, is highly probable on both palaeographical and semantic grounds:
Since antiquity the fragment has served as one of the arguments for the dating of Archilochus, and the woes of the Magnesians seem to have become proverbial.Footnote 25 Although the content of the original poem is lost, the first person's sympathy for the Thasians seems to have vanished in Heraclides’ account. In fact, most of the Magnesian section simply expands Archilochus’ verse!
Finally, the Rhegian constitution (55) includes two citations connected to Anaxilas’ victory at Olympia with a mule-car:
ἐτυράννησε δὲ αὐτῶν Ἀναξίλας Μεσσήνιος. καὶ νικήσας Ὀλύμπια ἡμιόνοις εἱστίασε τοὺς Ἕλληνας. καί τις αὐτὸν ἐπέσκωψεν εἰπών· οὗτος τί ἂν ἐποίει νικήσας ἵπποις; ἐποίησε δὲ καὶ ἐπινίκιον Σιμωνίδης· χαίρετ’ ἀελλοπόδων θύγατρες ἵππων [ἐγένοντο].
Anaxilas the Messenian was their tyrant. And he entertained the Greeks after winning a race with mules at Olympia. And someone ridiculed him saying, ‘What would he have done if he had won with horses?’ Also Simonides composed the epinicium, ‘Hail daughters of storm-swift horses’. (transl. Dilts)
Anaxilas, tyrant of Rhegium, won the mule-cart competition at Olympia in 484 or 480 b.c.e. The first citation here is anonymous. The second is probably the first line of a victory ode by Simonides (fr. 515 PMG), recalled in Arist. Rh. 1405b to exemplify the use of epithets in bonam partem (horses instead of asses).Footnote 26 As it was usual in antiquity, the initial words of Simonides’ poem were cited as reference to the entire work, almost as a title,Footnote 27 whereas the actual content of the poem is indifferent to Heraclides or his source.
Let us sum up the examination of Heraclides’ poetic citations. We cannot assess consistency with the poem identified by Simon. fr. 515, but in fr. 20 the original sympathy for the Thasians has been lost. It is clear from the two instances allowing comparison, namely the Iliad (2.64) and Hesiod's Works and Days (348), that a reflection on the tone, content or purposes of the sources is lacking. Indeed, while Homer's πόλεις εὖ ναιεταώσας is formulaic and unrelated to the antiquity of the Cretan constitution, Hesiod's οὐκ ἂν βοῦς ἀπόλοιτ’ εἰ μὴ γείτων κακὸς εἴη is originally paraenetic rather than descriptive. Both citations have been reinterpreted from the point of what Heraclides’ source wished to illustrate. Such tendency towards decontextualized citation is a well-known phenomenon in antiquity;Footnote 28 being true to the sources seems to have often been less important than appealing to the authority of ancient poets. Hence, it is not unreasonable to suspect that Archil. fr. 232 was recontextualized to support the priority of the Cretan constitution. This, however, is not due to Heraclides’ deliberate distortion. Most likely, fr. 232 was taken from a secondary source, as Rhodes suggested for the poetic citations in the Athenian Constitution,Footnote 29 by the author of the original unabridged Cretan Constitution.
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Granted that Archilochus’ reference to the Cretan νόμος may be disconnected from the sphere of constitution and law, we are left with another major semantic field to explore, that of music.Footnote 30
Ancient Greek musical theory classifies νόμοι according to musical instruments, and whether they were only instrumental or sung as well. Most early uses of the word νόμοι, however, refer more generally to melodies, songs or melodic patterns.Footnote 31 The term belongs to Greek musical history from relatively early times. νόμος in its musical sense is attested from the fifth century b.c.e., with Pindar, Aeschylus and Aristophanes as main exponents.Footnote 32 Alcman, however, may offer an even earlier testimony (PMGF 40):
Knowledge of the νόμοι of birds appears to be a metapoetic claim about the nature or the origins of Alcman's art.Footnote 35 νόμοι, to be sure, are often mentioned in lyric passages of Aristophanes that exploit the ‘song of birds’ metaphor.Footnote 36 A similar link between birds and music-poetic composition appears in another of Alcman's fragments (PMGF 39 = 67?):
Here the term μέλος seems to refer to the melody of a song, as opposed to its words.Footnote 37 Poetic composition is presented as a discovery departing from observation of the natural world. The shared reference to birds in this and the previous fragment raises the possibility that, as in Aristophanes’ metaphor, the terms νόμος and μέλος may have been partly equivalent.Footnote 38 The word μέλος appears in another of Alcman's fragments that is connected to music (PMGF 126):
μέλος refers here to a melody played by the αὐλοί, a melody qualified as Phrygian. Regional traditions, as a matter of fact, have a role in musical classification. In the fifth century b.c.e. ethnic labels were used to identify νόμοι. Aeschylus refers to Ionian νόμοι (Ἰαονίοισι νόμοισι, Supp. 69), Euripides to Phrygian νόμοι (Φρυγίοισι νόμοις, Or. 1426), and Telestes (fr. 810 PMG) opposes the Phrygian νόμος to the Lydian hymn, referring in both cases to ἁρμονία or musical scale.Footnote 39 A roughly contemporary of both Alcman and Archilochus, Terpander, active in Lesbos and Sparta, was credited with the invention or renovation of νόμοι for the kithara. A tradition going back to the fourth century b.c.e., if not earlier,Footnote 40 attributes several names to those νόμοι, among them terms correlating style, or rather tune, with ethnic labels, such as Dorian, Lydian and Phrygian (Plut. [De mus.] 1132D).Footnote 41
Both the arguable use of νόμος in Alcman as equivalent to μέλος and the traditional use of ethnic labels for musical classification, perhaps as early as Terpander, support the notion that the Cretan νόμος of Archil. fr. 232 refers to a melody. Does the Archilochean corpus afford further support for this interpretation?
Archilochus’ work, in spite of its fragmentary state, is relatively rich in terminology pertaining to the field of poetry and music. Richer, at any rate, than any other iambic or elegiac poet, except Theognis.Footnote 42 The following table sums up his poetic vocabulary, including fr. 232:Footnote 43

Assuming the possibility that the word νόμος had a musical sense in the seventh century b.c.e. (with Alcman and Terpander) and considering the nature of Archilochus’ metapoetic statements, interpreting fr. 232 in a musical context makes perfect sense: a musical term accompanied by a verb of knowing and a regional qualifier. The fragment would then read as follows:
or with Cragius's emendation:
This interpretation is consistent with a salient aspect of Cretan reputation. In fact, Crete was associated with music and dance from early times, as it emerges from the Iliad (16.617), where Meriones is said to move in battle as a dancer, and the reference to the Cretan sailors as performers of paeans in the Homeric Hymn to Apollo (516–17).Footnote 45 Crete was considered a place where song and dance originated, particularly armed dance, through the figures of Thaletas, the Curetes and Pyrrhichus.Footnote 46 Furthermore, in the Classical period the term Cretan is frequently applied to rhythm, melody, song and dance. A fragment of a hyporchema usually attributed to Pindar speaks of a Cretan manner (τρόπος) of dance.Footnote 47 Cratinus refers to a Cretan μέλος, possibly referring to a song in paeonic rhythm.Footnote 48 Aristophanes mentions Cretan monodiesFootnote 49 and a Cretan way of dancing.Footnote 50 What specific features such songs and dances may have entailed is beyond the scope of this article. For our purpose, it is enough to locate the νόμος mentioned by Archilochus within a traditional perception of Cretan μουσική.Footnote 51
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To sum up, there is enough evidence to suspect that Archil. fr. 232 was not originally related to Cretan legal or constitutional history. It would be legitimate, therefore, to read it in the context of μουσική, a field well represented in the Archilochean corpus. νόμος in Archil. fr. 232 should be taken as a melody associated with Crete, perhaps by virtue of its rhythm. If my interpretation is allowed, our fragment should be restored to the field of the ancient Greek history of music, to fill in the ‘virtual absence’Footnote 52 of the term νόμος in its musical sense before the Classical period.