Sunday, September 8, 2013

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  I'm looking forward to the following sections of this historical document.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.

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