Athenian Constitution - Part 2: Sections 11-20

 
Purpose of the Document:  These next few sections read like a continued history leading up to the founding of an Athenian society.

Interesting Points about this Document:

• Section 11: Solon decides that he won't be changing the laws he's enacted.  He's alienated the upper class with the abolition of debts, while both the upper and lower classes have been further alienated by the circumstances he's caused.  The lower classes want him to redistribute the lands.  We are told that he preferred to be the savior of his country and the ideal lawgiver.
• Section 12:  With a few poems, Solon justifies his actions.  He speaks about the abolition of debts and ends up by claiming that even wealthier types should count him as their friends. 
• Section 13:  Not sure why Solon left the country and at what point the internal disorder referenced here began.  Interesting that "some found the cause and justification of their discontent in the abolition of debts, because thereby they had been reduced to poverty; others were dissatisfied with the political constitution, because it had undergone a revolutionary change; while with others the motive was found in personal rivalries among themselves".  There were 3 parties as follows: the Shore, led by Megacles the son of Alcmeon, which was considered to aim at a moderate form of government; then there were the men of the Plain, who desired an oligarchy and were led by Lycurgus; and thirdly there were the men of the Highlands, at the head of whom was Pisistratus, who was looked on as an extreme
  democrat.  
• Section14: The story of Pisistratus is interesting.  He inflicted himself with wounds in order to blame his opponents for it and ferment popular support.  He deviously worked to get himself into the Acropolis, thought the adherents of Megacles and Lycurgus made a coalition and drove him out.  What exactly happens to him after a beauty is groomed for him, passing her off as Athena.
• Section 15:  This section describes how Pisistratus executes a very gangster way of usurping power on the steps of the Acropolis.
• Section 16:   This is the best section of the entire constitution so far!  This section gives us a sense of how Pisistratus was loved by all and how clever he was at making himself rich while also appealing to everyone.  For instance, "Not only was he in every respect humane and mild and ready to forgive those who offended, but, in addition, he advanced money to the poorer people to help them in their labours, so that they might make their living by agriculture."  The majority alike of the upper class and of the people were in his favour; the former he won by his social intercourse with them, the latter by the assistance which he gave to their private purses.
• Section 17:  This section talks about his children and briefly discusses what marriages they may have come from.  There is also talk about Pisistratus dying of natural causes after 33 years of being in power, but also including the period of time during which he was in exile.
• Section 18:   Hippias, one of Pisastatus' sons, takes over the government but soon finds himself battling plots to overthrow him. In the midst of attempted grabs at power, another son of Pisastratus is killed.
• Section 19:  The following sentence best summarizes what happened to Hippias, "After this event the tyranny became much harsher. In consequence of his vengeance for his brother, and of the execution and banishment of a large number of persons, Hippias became a distrusted and an embittered man."
• Section 20:  This section focuses on rival leaders  fighting for power after the overthrow of the tyrants: Isagoras son of Tisander, a partisan of the tyrants, and Cleisthene, who belonged to the family of the Alcmeonidae. 

This is an entry for the Historical Period covering 4000bce - 399.  Within this historical period, this is Ancient Document 3 of  9.

Athenian Constitution - Part 1, Section 1-10

Purpose of the Document:  The first ten sections read like a history leading up to the Athenian constitution, but they then go on to describe the structure of Greek society and its access to political power. Just like the Ancilian and Agrarian laws of the Roman Empire, the Athenian Constitution also begins to offer some protections through the legal system by way of appeals.  I'm looking forward to the following sections of this historical document.

Interesting Points about this Document:

• Section 1:  Interesting how this section talks about Epimenides the Cretan performed a purification of the city. 
•  Section 2:  Interesting how this section mentions that the whole country was in the hands of a few persons, and if the tenants failed to pay their rent they were liable to be put into slavery.
• Section 3:   Before Draco, the magistrates were elected according to qualifications of birth and wealth.  Polemarch, on account of some of the kings proving feeble in war, invited to accept his post on account of need.  The last of the three offices was that of the Archon.  There is talk about where those holding such offices live.
• Section 4:  The first constitution, in the time of the archonship of Aristaichmus, Draco enacted his ordinances.  There is also talk about who the "franchise" could be given to.  Loans were secured upon the persons of the debtors, and the land was in the hands of a few. 
• Section 5:  The many were in slavery to the few, the people rose against the upper class.  Both parties were hostile towards each other until they appointed Solon to be mediator and Archon, and committed the whole constitution to his hands.  By birth and reputation Solon was one of the foremost men of the day, but in wealth and position he was of the middle class.
• Section 6:  As head of affairs, Solon liberated the people once and for all, by prohibiting all loans on the security of the debtor's person: and in addition he made laws by which he cancelled all debts, public and private.  Some accused him of being in on a scheme to buy up land, knowing that all debts would be forgiven.  But this claim is said to be refuted.
• Section 7:  Solon drew up a constitution and enacted new laws; and the ordinances of Draco ceased to be used, with the exception of those relating to murder. Solon divided the population according to property into the following four classes: Pentacosiomedimni, Knights, Zeugitae, and Thetes. The various magistracies were: the nine Archons, the Treasurers, the Commissioners for Public Contracts (Poletae), the Eleven, and Clerks (Colacretae).  The top 3 could be given offices in proportion to the value of their rateable property. The Thetes only had a place in the Assembly and in the juries.
• Section 8:  There were four tribes, as before, and four tribe-kings. Each tribe was divided into three Trittyes, with twelve Naucraries in each; and the Naucraries had officers of their own, called Naucrari.  Solon also appointed a Council of 400, 100 from each tribe; but he assigned to the Council of the Areopagus the duty of superintending the laws, acting as before as the guardian of the constitution in general, keeping watch over state affairs in the more important matters. To protect against conspiracy to overthrow the govt., any one who, in a time civil factions, did not take up arms with either party, should lose his rights as a citizen and cease to have any part in the state.
• Section 9:   There are 3 points in the constitution which appear to be its most democratic features:
• 1.  The prohibition of loans on the security of the debtor's person
• 2.  The right of every person who so willed to claim redress on behalf of any one to whom wrong was being done
• 3.  The institution of the appeal to the jurycourts

This is an entry for the Historical Period covering 4000bce - 399.  Within this historical period, this is Ancient Document 3 of  9.

Agrarian Law, 111 B.C.

Agrarian Law, 111 B.C.
http://avalon.law.yale.edu/ancient/acilian_law.asp


Purpose of the Document:  This legal document basically highlights how Roman lawmakers had become concerned about land being monopolized by the rich. In the early Roman Republic there were three kinds of land: private land, common pasture, and public land or land of the public domain, which was rented to private entrepreneurs. By the second century B.C., however, people often took over public lands and treated them as if they were private. Despite early laws that focused on limiting how much land people could own, wealthy types were able to accumulate large holdings. With the profitability of olive and the vine on the rise, and with ranching also providing opportunities for large gains, land was usurped by the rich at an alarming rate. With Rome still expanding and fighting wars abroad, small farmers had a hard time cultivating their land, and even when they did, they were often at a competitive disadvantage with wealthier types owning larger areas of land. With many of these farmers looking to the city for the opportunity to make a living, many were left impoverished and unproductive, creating a restless urban society.

Historical Context:  In 133 B C. Tiberius Sempronius Gracchus, the plebeian tribune, attempted to improve the situation by enacting in the Tribal Assembly legislation which (1) limited the amount of public land rented by one person to 500 jugers (about 330 acres), (2) ordered the State's repossession of all lands in excess of this, (3) assigned these lands to the poor in lots of thirty jugers for a small annual rent, (4) appointed a board of triumvirs, as a land commission, to repossess and to redistribute this land.

The legislation of Tiberius was reaffirmed in the tribunate of his brother Gaius (123-122 B C ) with certain modifications

Historical Figures of Note:

Tiberius - A Roman Populares politician of the 2nd century BC and brother of Gaius Gracchus. As a plebeian tribune, his reforms of agrarian legislation sought to transfer wealth from the wealthy, patricians and otherwise, to the poor and caused political turmoil in the Republic.  These reforms threatened the holdings of rich landowners in Italy. He was murdered, along with many of his supporters, by members of the Roman Senate and supporters of the conservative Optimate faction.

Gaius Sempronius Gracchus -  A Roman Popularis politician in the 2nd century BC and brother of the ill-fated reformer Tiberius Sempronius Gracchus. His election to the office of tribune in the years 123 BC and 122 BC and reformative policies while in office prompted a constitutional crisis and his death at the hands of the Roman Senate in 121 BC.

Marcus Baebius - A consul of the Roman Republic in 181 BC along with P. Cornelius Cethegus. Baebius is credited with reform legislation pertaining to campaigns for political offices and electoral bribery. The Lex Baebia was the first bribery law in Rome and had long-term impact on Roman administrative practices.

Definitions Learned:
Usufruct - refers a right of enjoyment, enabling a holder to derive profit or benefit from property that either is titled to another person or which is held in common ownership, as long as the property is not damaged or destroyed.
Duumvir - is an alliance between two equally powerful political or military leaders. The term can also be used to describe a state with two different military leaders who both declare themselves to be the sole leader of the state.
Triumvirs - a political regime dominated by three powerful individuals
Surety -  in finance, a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. The person or company that provides this promise is also known as a surety or guarantor.



Interesting Points about this Document:

• Interesting how private land is legally protected by #10:  "if anyone, after this law is enacted, gains possession of or holds for purposes of cultivation a section of this land of no more than thirty jugers, this land shall be private property."
• Interesting how in #11, no one is expected to be taxed for having their animals use common pastures, as long as that number does not exceed ten.  
• It must have been reassuring to land owners that #14 protected them from being ejected from their land by force.
• Interesting how in #18 and #19, public lands are restricted from having people fence off any portion of this land, and that this land should not be used to charge people for its usage by their animals.
• According to #24, "public roads in the land of Italy should be kept passable and unobstructed.
•  According to #26, laws were similar to non-Romans as they were Romans.
• According to #30, when a tax farmer is owed money and a complaint is filed, it is interesting that eleven recuperators from fifty citizens of the first class would be appointed to represented a type of jury. From these, the plaintiff and the defendant were able to reject up to four individuals apiece, leaving three or more to essentially provide a verdict.
• It is particularly interesting that land in Africa was sold in Rome, as mentioned in #33 and #34. 
• In #37, if land was taken to you illegally, you could be sold land in Africa for one sesterce.
• Interesting how in #44 the law specifically refers to the free peoples of Africa, who remained friends of the Roman people in the last Punic War or who deserted from the enemy and surrendered to a Roman general last Punic War.
• #46 lists the land that is exempted from the legal arrangements it is about to declare.
• Interesting that in #54, the roads which were in the land before the capture of Carthage: all these shall remain public, as are the pathways between the visions of land ...

Questions that came to mind while reading this document:

• What exactly are numbers 2-6 trying to say? 
• What is the significance of the March 15th deadline that keeps being mentioned?

This is an entry for the Historical Period covering 4000bce - 399.  Within this historical period, this is Ancient Document 2 of  9.

Acilian Law on the Right to Recovery of Property Officially Extorted, 122 B.C.

Acilian Law on the Right to Recovery of Property Officially Extorted, 122 B.C.
http://avalon.law.yale.edu/ancient/acilian_law.asp

Purpose of the Document:  The main reason for this law was due to increasing extortion in provinces.  Provincial governors in Rome often tried to make money for their previous terms in office (which were unpaid ) by forcing high taxes.  According to Cicero, this was the first law dealing with this concern. Newer laws would go on to make penalties heavier.

Definitions Learned:
Ancilian - refers to consul Lex Acilia de intercalando, responsible for establishing laws in ancient Rome in 191 BC.
Sestertius, or Sesterce, (pl. sestertii) was an ancient Roman coin. During the Roman Republic it was a small, silver coin issued only on rare occasions. During the Roman Empire it was a large brass coin.
Praetor, a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army (in the field or, less often, before the army had been mustered); or, an elected magistratus (magistrate), assigned various duties (which varied at different periods in Rome's history).
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms.
Calpurnian Law - refers to Lex Calpurnia, a law established in 149 BC by Tribune Lucius Calpurnius Piso. According to this law, a permanent court with a praetor who observed provincial governors has been established.
Junian Law - refers to Lex Junia (probably 126 BC).  Also it is the first case of a permanent court established.

Interesting Points about this Document:

• Interesting how apportionment had to published for the public view (As described in #38).  Looks like the Obama Administration did not invent the idea of transparency for government.

• Interesting how a Judices is protected to serve throughout a single case.

• Plaintiffs, to the best of his ability, were given as many days as they deemed necessary for conducting a search for evidence, provided that nothing is done contrary to this law.

• Interesting that the judices had to take the oath on the front of the Rostra facing toward the Forum.  What was the meaning of this?

• Interesting how the idea of Double Jeopardy dates back to this time:  31) THE SAME CASE NOT TO BE TRIED TWICE. There shall be no second action under this law against a person who is condemned or is acquitted in accordance with this law, except as regards some later act or some act of collusion or as regards the assessment of damages or of penalties specified in this law ... 

• Interesting how judices can be fined for not providing a verdict.  But does this mean there are multiple verdicts?  "The praetor who presides over the court in accordance with this law ... if the judex selected for this purpose reports that more than one third of the judices present when the case is tried have said that the case is not proved under consideration, the praetor having jurisdiction over the proceedings in accordance with this law shall announce this publicly and shall grant another date for trying this case anew ... and shall order all the judices present on that day to give their verdict ... if it is reported to that praetor that more than one third of the judices refuse to give a verdict, he shall pronounce a fine of 10,000 sesterces against each judex who refuses to give a verdict ... for each occasion exceeding twice in a single case that they refuse to give their verdict.

• Interesting how the property of someone condemned was to be sold for as much money as was possible.  But what would become of this money?  32) FURNISHING SURETIES or Seizure of Property. The judex having jurisdiction over the proceedings in the said matter shall provide that the person condemned in accordance with this law shall give sureties to the quaestor according to the vote of the majority of his advisory council for the amount specified by them; if sureties are not given in this manner, he shall provide that the condemned man's goods shall be publicly seized, collected, and sold. The judex having jurisdiction over the proceedings in the said matter shall collect from the buyer as much money as these goods bring ... and shall deliver this money to the quaestor with a record of the amount; the quaestor shall receive it and shall have it recorded in the public archives.

• Interesting how one type of specific path to citizenship was outlined:  48) THE GRANT OF CITIZENSHIP. If anyone of the aforesaid persons who is not a Roman citizen reports the name of another person as an offender in accordance with this law ... before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned by the said court by the terms of this law, then the person who reports his name and by whose efforts the condemnation was primarily effected ... shall be made a Roman citizen, if he wishes, himself and his children, who are born to him when he becomes a Roman citizen in accordance with this law, and the grandsons then born to said son shall be full Roman citizens; and they shall vote in that tribe in which the person accused in accordance with this law voted, and they shall be registered by the censor in that tribe, and they shall be exempt from military service, and all the money and pay earned by them they shall receive. It is not the intent of this law ... to prevent any magistrate or promagistrate ... 

• Very interesting how #6 breaks down the restrictions on being Senator.  "THE SELECTION of the 450 Men for This Year. The peregrine praetor within the next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knight's census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in the Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas."

Questions that came to mind while reading this document:

• What is the deal with September 1st as a cut-off date?
• People with power were protected from being summoned to court?
• What exactly is number #4 restricting?  There is mention about restrictions to the Senate, but other than that, I don't know what the focus is here?
• What is exactly is being said about the granting and rejection of Patrons?  Who are these Patrons?
• What is the gist of the denunciation of the name in number 10.  
• What is the big deal about copying 100 names and in other cases, copying 50 names?
• A date is published for an apportionment, no more than 100 days later.  This refers to #35.  What is the meaning of the 100 days? 

Questions requiring larger detail

• What does number 26 and number 27 mean?  I'd like to see this acted out.  26) HOW TO GIVE THE VERDICT ON DEFENDANTS. When two thirds of the judices present report that the case is proved ... the praetor having jurisdiction over the proceedings in this case shall provide that those judices who refuse to give a verdict shall be removed ... shall conduct the proceedings. Then the praetor shall provide that his summoners and apparitors shall prevent any judex from leaving the court ... and shall provide that an urn ... digits broad and twenty digits high shall be provided, wherein the judices may cast their ballots ... and the said praetor shall place openly in the hand of each juror one ballot of boxwood four digits long and ... digits wide, waxed on each side ... of which ballot on one side the letter A has been written and on the other side the letter C, and he shall order this judex to erase one letter or the other as he wishes ...The judex shall make such erasure and he shall carry the ballot to the urn in full view in accordance with this law and with his arm bared, but with the letter covered by his fingers, and he shall display this ballot to the people ... and also to the other judices in turn and shall cast it into the said urn ..

• What kind of appeal are we talking about?   49) THE GRANT OF THE RIGHT OF APPEAL and Immunity. If any person belonging to the Latin name who has not been a dictator, praetor, or aedile in his own State, reports the name of another person as an offender in accordance with this law before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned in the said court by the terms of this law, then if the person who reports the name and by whose efforts the condemnation was primarily effected does not wish to become a Roman citizen in accordance with this law he shall have the right of appeal to the Roman people thereafter, lust as if he were a Roman citizen. Likewise, he and his sons and his grandsons through the male line shall be exempt and immune from military service and from public duties in his own State.

• How exactly was this to go down?  41) THE MONEY TO BE SEALED IN BASKETS. Whatsoever money is collected for the quaestor in accordance with this law, the said quaestor shall provide that it shall be placed in baskets and that the baskets shall be sealed with his own signet ... and that there shall be written on basket the name of the praetor who assesses the damages and the source of the money collected and how much is in the said basket. Each quaestor shall provide to the best of his ability that within the next five days after the assignment of the treasury as his province to him the baskets shad be unsealed; and that if the amount of money written on the said basket is found therein they shall be sealed anew... 

This is an entry for the Historical Period covering 4000bce - 399.  Within this historical period, this is Ancient Document 1 of  9.