Download Athenian Constitution - Nipissing University Word

February 6 th , 2012
 Solon’s Poetry (Fragmentary).
 Aristotle (?), The Athenian Constitution.
 Herodotus, Persian Wars.
 Thucydides, Peloponnesian Wars.
 The Orators.
 Epigraphy.
 Problems with the sources.
 Major Mycenaean centre.
 Athens spared the brunt of the Late Bronze Age collapse,
though still affected.
 Early recovery (i.e. Protogeometric pottery ca. 1050 BCE;
Evidence of revived trade networks ca. 900 BCE).
 Ca. 750 BCE – Synoikismos of Attica centered on Athens
essentially complete; the myth of Theseus.
 Probably governed by a Basileus until ca. 750 BCE (i.e.
evidence in the office of Archon Basileus).
 Oikos (household) = the most basic social unit.
 Oikoi divided into: 1. Eupatrids (i.e. the “good fathers”). 2. The
laos (i.e. the common people); highly aristocratic.
 Oikoi (households) grouped together into 1. Phratries
(brotherhoods). 2. Gene (clans). 3. Four (Ionian) phylai (tribes).
 Function of phratries, phylai, and gene unclear.
 Phratry membership critical feature of citizenship; responsible
for seeking justice on behalf of phratry members; justice a semiprivate matter.
 “But the folk were gathered in the place of assembly; for
there a strife had arisen, and two men were striving about
the blood-price of a man slain; the one avowed that he had
paid all, [500] declaring his cause to the people, but the
other refused to accept aught; and each was fain to win the
issue on the word of a daysman. Moreover, the folk were
cheering both, shewing favour to this side and to that. And
heralds held back the folk, and the elders were sitting upon
polished stones in the sacred circle, [505] holding in their
hands the staves of the loud-voiced heralds. Therewith
then would they spring up and give judgment, each in turn.
And in the midst lay two talents of gold, to be given to him
whoso among them should utter the most righteous
judgment.” (Homer, Iliad 18. 496-508. A.T. Murray, 1924)

Government the exclusive prerogative of the eupatrids.

Ca. 750-700 BCE – Powers of Basileus parceled out to several new magistrates
(Archons).

Archon Basileus (King Archon): 1. In charge of polis cults. 2. Cult property. 3.
Religious law.

Polemarch: 1. Supreme military commander. 2. Judged disputes between
Athenians and non-Athenians.

Eponymous Archon: 1. Head of the legislative council (Boule). 2. Presided over
assembly (ekklesia). 3. Judicial responsibilities.

Thesmothetai: 1. Six additional archons. 2. Judicial functions.

The Aereopagus.
 “The ancient politeia, before Drakon, was ordered as follow. The officials were
appointed on the basis of birth and wealth, at first for life and later for a term
of ten years. The most important of the offices, as well as the earliest, were
those of the king (basileus) and the polemarchos and the archon. The earliest
of these was that of the king – which was in fact traditional. Then came a
second office, that of the polemarchos, introduced because of the military
inadequacy of some of the kings…And the last was the office of archon….As for
the thesmothetai, they were not (first) elected until many years later, by which
time the offices were already annual. Their function was to record the statutes
(thesmia) and preserve them for the settlement of disputes….At that time they
were fully competent to judge lawsuits themselves, rather than holding
preliminary hearings as they do now….As regards the Council of Areiopagus, it
had the task of watching over the nomoi, and it enjoyed many important
regulatory powers over the polis and its affairs by virtues of possessing supreme
authority in the punishment and fining of all offenders. The archontes were
appointed on the grounds of birth and wealth, and it was (ex)archontes who
made up the Areiopagus. That is why it is the only one of the offices held for life
which has survived to the present day.” (?Aristotle, Athenian Constitution 3.
Crawford & Whitehead, Doc. 63)
 Competition for political office between eupatrid gene very
fierce.
 Tension between eupatrids and wealthy commoners.
 Growing problem of debt creating tensions between the
rich (both eupatrids and non-eupatrids) and the poor.
 Situation increasingly unstable after ca. 650 BCE; Evidence
of stasis (i.e. The conspiracy of Kylon, The Law Code of
Drakon).

“There was an Athenian called Kylon, an Olympic victor. He belonged to one of
the families with a long pedigree of nobility, and was a powerful man in his own
right, having married the daughter of the Megarian Theagenes, who at that time
was ruling Megara as a tyrant….He accepted some troops from Theagenes, as well
as mobilizing the support of his friends, and seized the Akropolis – with a view to
setting himself up as tyrant….When the Athenians got to hear of it they came in
from the countryside in full force to thwart the conspirators, whom they
surrounded and besieged (on the Akropolis). As time passed the Athenians grew
tired of the blockade and most of them went away, leaving the nine arch0ntes –
who at that time were in charge of most of the affairs of the polis – to supervise
the siege, with full powers to make whatever settlement they thought best. Kylon
and his supporters, meanwhile, were suffering badly from being under siege
without food and water. Kylon himself succeeded in escaping, and so did his
brother; but the rest, who were in a sorry state and in some cases actually dying of
hunger, sat down as suppliants for their life at the altar on the Akropolis. When
they saw men dying in the temple, the Athenians who had been posted there as
guards took the suppliants into custody with the promise that they would suffer
no harm; so they were led away – and murdered….It was because of this that the
men responsible, and their whole family [i.e. the Alkmaionidai after them, were
called accursed, and offenders against the goddess.” (Thucydides, 1.26.3-1. Crawford
& Whitehead, Doc. 64b).

“Not long afterwards, in the archonship of Aristiachmos (621/20) Drakon laid down his
statutes (thesmoi) in the following manner. A share in the politeia had been given only to
those who provided their own arms and armour. It was they who chose the nine
archontes and treasurers, from men who had an unencumbered property rating of not
less than ten minas; the other, lesser officials were drawn from those who provided their
own arms and armour; and the strategoi and cavalry commanders were men who could
declare an unencumbered property rating of at least 100 minas, as well as legitimate sons,
born in wedlock, who were at least ten years of age….Four hundred and one men, drawn
from the citizen body by lot, were also to serve as a boule: everyone aged thirty or over
cast lots for membership of it, and for the other offices; and nobody could hold the same
office twice until everyone else had held it once – at which point the sortition procedure
would start again from the beginning. If any member of the boule failed to attend a
session of the boule or the ekklesia he had to pay a fine of three drachmas if he was a
pentakosiomedimnos, two if he was hippeus, and one if he was a zeugites. The Council of
the Areiopagus was guardian of the nomoi, and also supervised the officials to ensure that
they discharged their duties in accordance with the nomoi. It was open to anyone who
was being wronged to lay information before the Council of the Areiopagos, indicating
which nomos had been infringed in his case. Loans were made on the security of the
borrower’s person, as stated before, and few men held all the chora.” (?Aristotle,
Athenian Constitution 4. Crawford & Whitehead, Doc. 65b).
 Drakon’s politeia did not alleviate tension and stasis.
 Tension between eupatrids and rich commoners.
 Tension between rich and poor.
 Rich occupy most of the arable land.
 Majority of the poorer classes in one of two conditions: 1. Sharecroppers
(Hektemoroi). 2. Debt-bondage; conditions could overlap.
 Eupatrids want a restoration of aristocratic privilege.
 Poor want a cancellation of debts and a redistribution of land.
 Solon appointed archon in 594 BCE to reform politeia.
 “After this there was a long period of stasis between the nobles
and the masses. This was because the politeia was entirely
oligarchic – especially so, of course, in that the poor with their
children and wives were slaves to the rich. They were known as
pelatai and hektemoroi, for it was at this rent that they were
working the fields of the rich. All the land was in the hands of a
few men, and if (the poor) did not pay the rents, they and their
children were liable to seizure. Also, all loans were made on the
security of the borrower’s person – until Solon, that is, who was
the first champion of the demos. So what the majority found the
harshest and the most intolerable aspect of the politeia was their
slavery – which is not to say that they did not have other
grievances too; for their exclusion was, in a word, total.”
(?Aristotle, Athenian Constitution 2. Crawford & Whitehead,
Doc. 66)
 Retained property classifications found under Drakon: 1. Pentakossiomedimnoi
(500 measure men). 2. Hippeus (300 measure men; cavalrymen). 3. Zeugites
(200 measure men; hoplites). 4. Thetes (Under 200 measure men; laborers).
 Chief magistrates elected only from the top two classes.
 Lower magistrates elected from the top three classes.
 Retained the Boule (made up of 400 men from top 3 classes chosen by lot from
each of the four tribes; prepared legislation for the ekklesia; scrutinized
magistrates after term of office ended).
 Retained Council of the Aereiopagos (Punished criminals, treason court).
 All classes sat in the: 1. Ekklesia (Assembly that elected magistrates and passed
laws). 2. Heliaia (jury pool). 3. Dikasteria (jury).
 Any citizen can bring charges on behalf of any other citizen.
 Banned debt-bondage; banned hektemorage (seisachtheia – shaking off of
burdens); repatriated enslaved Athenians; citizens had certain rights.
 New marriage legislation: 1. Engue and legitimacy. 2. Measures against
epikleroi.
 Effectively created Athenian citizenship.
 Banned the export of grain; encouraged the export of olives and olive oil.
 Developed the silver mines at Laurium.
 Offered citizenship to non-Athenian tradesmen if they settle in Athens.
 On Hektemorage: “The mortgage stones that covered
her, by me Removed – the land that was a slave is free.”
(Plut. Sol. 15).
 On Debt-Bondsmen: “So far their lot to roam, They had
forgotten the language of their home.” (Plut. Sol. 15).
 On Balance of Power: “Such power I gave the people as
might do, Abridged not what they had, nor lavished
new, Those that were great in wealth and high in place
My counsels likewise kept from all disgrace. Before
them both I held my shield of might, And let not
touch the other’s right.” (Plut. Sol. 18).
(Lim & Bailkey, 2002)
 “So much for the offices and what he did about them. And
it would seem that the three features of Solon’s politeia
which were of most benefit to the demos were: first, and
foremost, the prohibition of loans on the security of the
debtor’s person; second, the provision that anyone who
wished to do so could seek legal redress on behalf of those
who were being wronged; and third, the right of appeal to a
dikasterion. It is this last which is said to have strengthened
the masses more than anything else – for when the demos
is master of the courts it comes to be master of the politeia.”
(?Aristotle, Athenian Constitution 9. Crawford &
Whitehead, Doc. 67).
 Solon’s laws inscribed upon wooden tablets (axones) and placed publicly in the
agora.
 Solon leaves Athens.
 Poor wanted a redistribution of property but were disappointed.
 Eupatrids wanted a retrenchment of their privileges but were disappointed.
 Three main factions: 1. The Plain (wealthy aristocrats; favored an extreme
oligarchy/aristocracy). 2. The Coast (fishermen and craftsmen; favored the
politeia of Solon). 3. The Hill (poorer inhabitants of the countryside and the
city; favored an extreme democracy).
 Stasis ending in Tyranny.

“After Solon had left, the polis was still in an agitated state. For four years all was
peaceful, but in the fifth year after his archonship they did not appoint an archon
because of the stasis, and four years after that there was again no archon for the
same reason. The, after the same length of time, Damasias was elected archon
and kept the office for two years and two months, before being forcibly stripped
of it. The, because of the stasis they made the decision to choose ten archontes –
five from the eupatridai, three from the farmers, and two from the craftsmen;
and these men held the office for (the remainder of) the year after Damasias. This
shows the enormous power of the archon, for it was always round this office that
the stasis was most clearly concentrated. The general domestic malaise, however,
continued. Some saw the origin and explanation of this in the cancellation of
debts, a measure which meant that they were now poor. Others were dissatisfied
with the politeia and how greatly it had changed. Others still were motivated by
personal rivalries. There were three factions. The first was that of the Shore, led
by Megakles the son of Alkmaion; their aim seemed to be a middle of the road
politeia. The second was that of the Plain; what they wanted was an oligarchy, and
their leader was Lykourgos. The third was that of the Uplands, with Peisistratos
as its head – the leader most inclined, so it seemed, toward the demos. His
following had been joined, moreover, by those who lost money through the
cancellation of debts, who were not poor, and those who were not of pure
(Athenian) descent, who were now afraid….” (?Aristotle, Athenian Constitution 13.
Crawford & Whitehead, Doc. 68).
 Three attempts to establish tyranny in Athens (560, 556, 546 BCE).
 Third attempt successful; ruled as tyrant at Athens from 546 BCE to 528 BCE.
 Support from: 1. the poorer classes. 2. those who lost money through
cancellation of debts. 3. tradesmen and new Athenians of the coast. 4. Outside
support from ties of xenia (i.e. Lygdamis, Tyrant of Naxos). 5. Mercenary
soldiers.
 Succeeded by his sons, Hippias and Hipparchus (ruled from 528-514 BCE
together, then Hippias alone from 541-510 BCE.
 Peisistratid rule quite popular down to 514 BCE.
 Crucial stage in the development of Athenian democracy.
 “As previously stated, Peisistratos was moderate in his
government of the polis and its affairs, and acted
constitutionally rather than like a tyrant….And in general
Peisistratos did not impose heavy burdens on the
Athenians while he was in power, but always secured and
maintained peace and tranquility. As a result it became a
cliché to call the tyranny of Peisistratos the Golden Age; for
later, when his sons succeeded to his position, their rule
was much harsher. But of all his qualities which are
mentioned, the greatest was his naturally benevolent
concern for the demos.” (?Aristotle, Athenian Constitution
16.2-9. Crawford & Whitehead, Doc. 70).
 Maintained the politeia of Solon.
 Retained control of key offices (cf. Athenian Archon List,
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527/6-522/1, Crawford & Whitehead, Doc. 71).
Nobles pacified by receiving public offices.
Vote taken away from the ekklesia.
5% tax on cash crops – money lent to poor farmers at low
interest rates.
Est. circuit judges.
Est. major building program (i.e. Athenian temple of Zeus).
The Great Dionysia; The Great Panathanaia.
Peisistratus dies (528 BCE); peacefully succeeded by
Hippias and Hipparchus.
How do you think the policies of Peisistratos
furthered the evolution of democracy in
Athens?
Why were the Peisistratids eventually chased
from power?
 Greatly mythologized by Athenians.
 Motivated by personal conflict, not an urge toward
democracy.
 514 BCE – A Love triangle (Harmodius, Aristogeiton, and
Thetalos); the accidental murder of Hipparchus.
 514-510 BCE – Hippias hunts for the conspirators; reign
becomes harsh.
 510 BCE – Hippias driven from power, largely owing to
Alkmaionid influence.
 “As for Thettalos, he was much younger, and rash and
insolent in his lifestyle; and this was the origin of all their
troubles. What happened was that Thettalos fell in love
with Harmodios, but was quite unable to win his
friendship. This made him uncontrollably angry, and he
made his bitterness clear in all sorts of ways, culminating
in a refusal to allow Harmodios’ sister to be a basket-bearer,
as she was intending to be, at the Panathenaia. He also
insulted Harmodios by calling him effeminate. So
Harmodios and Aristogeiton were provoked into their
famous deed, in which many others shared.” (?Aristotle,
Athenian Constitution 18. Crawford & Whitehead, Doc. 72).
 “In a branch of myrtle I shall carry my sword, like
Harmodios and Aristogeiton when they killed the
tyrant and made Athens a place of equal rights….Your
fame will always live on earth, dearest Harmodios and
Aristogeiton, because you killed the tyrant and made
Athens a place of equal rights.” (Athenaeus 695A-B.
Crawford & Whitehead, Doc. 73).
http://mkatz.web.wesleyan.edu/cciv243/cciv243.Harm&Aristog.html#ImageCredit
 Democracy not immediately established upon the removal of the
Peisistratids.
 510-509 BCE – Stasis.
 508 BCE – Isagoras elected archon (backed by the aristocratic classes);
sought to disenfranchise many citizens; est. an oligarchy.
 Opposition from Kleisthenes (Alkmaionid; grandson of Kleisthenes of
Sicyon); proposed sweeping political changes giving power to the
demos.
 Isagoras appeals to Kleomenes of Sparta; Spartans besieged on the
Akropolis; forced to withdraw.
 Replaced economic divisions with geographic divisions.
 Divided Attica into regions (Demes) centered on villages, each with its
own assembly and magistrates
 Each Deme was divided into Tryttyes (City, Coast, Inland)
 Replaced 4 old tribes with 10 new tribes distributed throughout every
Deme and Tryttyes
 Boule (legislative council) of 500 made up of 50 members (elected by
lot) from each tribe; divided into 10 prytaneis according to tribe.
 Each tribe elected a strategos (general)
 Designed to fragment the power base of nobles
 Introduced Ostracism
 Ekklesia = The assembly (adult male citizens); debated and voted on
legislation, foreign policy etc.; sometimes an appeals court; quorum of
6,000 required; met periodically on the “Pnyx.”
 Boule = Council of 500 (50 from each tribe appointed by lot for 1 year);
Prepared legislation for the assembly.
 Prytaneis = 50 members of the Boule who acted as executive council.
 Heliaia & Dikasteria = Popular jury courts.
 Tribes = Elected generals (strategoi) and other officials.
 Demes = Local administrative units (local assemblies, officials, courts
etc); all citizens must be registered in a deme to be a citizen; fellow
demesmen distributed into different tribes and trytties (thirds).
 Ostracism.
 Public officials elected directly (i.e. Archon; Strategos et. al.).
 “So with the aim of pleasing the masses Kleisthenes laid down other
new ones (i.e. democratic reforms). These included the nomos about
ostrakismos….It had been laid down because of suspicion of those in
power….” (?Artistotle, Athenian Constitution 22.1. Crawford &
Whitehead, Doc. 79A).
 “Kleisthenes introduced the nomos of ostrakismos into Athens; this is
what it was like. The custom was for the boule, having considered the
matter for some days, to inscribe on ostraka the name of whichever of
the politai should be banished, and throw them into the enclosure of
the bouleterion. If there turned out to be more than 200 ostraka for any
one, he had t0 go into exile for ten years, though he could continue to
enjoy the income from his property. Later the demos resolved to lay
down a nomos stipulating that the ostraka were to be more than 6000
for a man who was to go into exile.” (Vaticanus Graecus 1144, fol. 222rv.
Crawford & Whitehead, Doc. 79 B).
http://ccwf.cc.utexas.edu/~kallet/greece/Pic%20Ostraka.jpg
 Direct democracy not representative democracy.
 Court system a vital part of Athenian democracy.
 Democracy not universally accepted.
 Aristocratic elite still a potent political force.
 Oratorical skills vital for political success.
 Still favored the wealthy elite; practical obstacles
to participation among the lower classes.