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Draconian Constitution (Greece) The laws he laid down were the first written constitution of Athens. So that no one would be unaware of them, they were posted on wooden tablets), where they were preserved for almost two centuries, on steles of the shape of threesided pyramids. The tablets were called axones, perhaps because they could be pivoted along the pyramid's axis, to read any side. The constitution featured several major innovations: Instead of oral laws known to a special class, arbitrarily applied and interpreted, all laws were written, thus made known to all literate citizens (who could make appeal to the Areopagus for injustices): "... the constitution formed under Draco, when the first code of laws was drawn up." (Aristotle: Athenian Constitution, Part 5, Section 41) The laws distinguish between murder and involuntary homicide. The laws, however, were particularly harsh. For example, any debtor whose status was lower than that of his creditor was forced into slavery. The punishment was more lenient for those owing debt to a member of a lower class. The death penalty was the punishment for even minor offences. Concerning the liberal use of the death penalty in the Draconic code, Plutarch states: "It is said that Drakon himself, when asked why he had fixed the punishment of death for most offences, answered that he considered these lesser crimes to deserve it, and he had no greater punishment for more important ones."[4] All his laws were repealed by Solon in the early 6th century BC, with the exception of the homicide law. Draco's Law of Homicide After much debate from the Athenians, it was decided to revise the laws, including the homicide law, in 409. The homicide law is a highly fragmented inscription, but it does state that it is up to the victim’s relatives to prosecute a killer. According to the preserved part of the inscription, unintentional homicides receive a sentence of exile, while intentional murders are punishable by death. Apart from the inscriptions very little is known about Draco’s background or the nature of most of his laws. However, the significance of his work was prevalent when most of his laws were successfully abolished by Solon. Council of Four Hundred Draco introduced the lot-chosen Council of Four Hundred (in reality, 401)—distinct from the Areopagus—which evolved in later constitutions to play a large role in Athenian democracy. Aristotle notes that Draco, while having the laws written, merely legislated for an existing unwritten Athenian constitution, such as setting exact qualifications for eligibility for office. Draco extended the franchise to all free men who could furnish themselves with a set of military equipment. They elected the Council of Four Hundred from among their number; nine Archons and the Treasurers were drawn from persons possessing an unencumbered property of not less than ten minas, the generals (strategoi) and commanders of cavalry (hipparchoi) from those who could show an unencumbered property of not less than a hundred minas, and had children born in lawful wedlock over ten years of age. Thus, in the event of their death, their estate could pass to a competent heir. These officers were required to hold to account the prytanes (councillors), strategoi (generals) and hipparchoi (cavalry officers) of the preceding year until their accounts had been audited. "The Council of Areopagus was guardian of the laws, and kept watch over the magistrates to see that they executed their offices in accordance with the laws. Any person who felt himself wronged might lay an information before the Council of Areopagus, on declaring what law was broken by the wrong done to him. But, as has been said before, loans were secured upon the persons of the debtors, and the land was in the hands of a few." Draco's Law Around 600 B.C., a Greek citizen named Draco developed a written code of law for the Athens population. This code of law, by today's standards, is so severe and infamous that another eponym was formed into our language. We now use the term Draconian to describe an unusually harsh law. Draco's laws eliminated private modes of justice and placed all legal authority in the government's hands. While some misdemeanors were punishable by death, some severe crimes were punishable by exile. Although this code is archaic and harsh by today's standards, it did create a uniform approach to the affairs of Greece and Draco was widely admired. A surviving remnant of Draco's Law from Athens approximately Draco or Dracon [dra'kon], fl. 621 BC, Athenian politician and law codifier. Of his codification of Athenian customary law, only the section dealing with involuntary homicide is preserved. From this and from later accounts in the writings of Aristotle and Plutarch, it appears that in Athens the penalty of death was prescribed for the most trivial offenses. The code adopted the principle that murder must be punished by the state and not by vendetta. Though the code was considerably ameliorated by Solon, its name became a synonym for harsh legislation. Here is an example: "Even if a man unintentionally kills another, he is exiled. The kings are to adjudge responsibility for the homicide either the killer or the planner; and the ephetai are to judge the case. If there is a father or brother or sons, pardon is to be agreed to by all, or the one who opposes is to prevail. But if none of these survives, by those up to the degree of first cousin once removed and first cousin, if all are willing to agree to a pardon; but the one who opposes is to But if not one of these survives, and if he killed unintentionally and the fifty-phratry members admit him to the country and let the fifty-one choose these by rank. And let also those who killed previoiusly be bound by this law. A proclamation is to be made against the killer in the market place by the victim's relatives as far as the degree of cousin's son and cousin. The prosecution is be shared by the cousins and cousins's sons and by sons- in-law, fathers-in-law, and phratry members... If anyone kills the killer or is responsible for his death, as long as he stays away from the frontier markets, games, and Amphictyonic sacrifices, he shall be liable to the same treatment as the one who kills an Athenian; and the ephetai are to judge the case. It is allowed to kill or arrest killers, if they are caught in the territory...If a man defending himself straightway kills someone forcibly and unjustly plundering or seizing him, the killer shall pay no penalty