History of Human Society

by Frank W. Blackmar

A few changes were made by the laws of Draco and others, but nothing gave decided relief to the people. The nine archons, representing the power of the state, managed nearly all of its affairs, and retained likewise their seats in the council of nobles. The old national council formed by the aristocratic members of the community still retained its hold, and the council of archons, though it divided the country into administrative districts and sought to secure more specific management of the several districts, failed to keep down internal disorders or to satisfy the people. The people were formed into three classes: the wealthy nobility, or land-owners of the plain, the peasants of the mountains districts, and the people of the coast country, the so-called middle classes. The hatred of the nobility by the peasants of the mountains was intense. The nobles demanded their complete suppression and subordination to the rule of their own class. The people of the coast would have been contented with moderate concessions from the nobility, which would give them a part in the government and leave them unmolested.

Constitution of Solon Seeks a Remedy.—Such was the condition of affairs when Solon proposed his reforms. He sought to remove the burdens of the people, first, by remitting all fines which had been imposed; second, by preventing the people from offering their persons as security against debt; and third, by depreciating the coin so as to make payment of debt easy. He replaced the Pheidonian talent by that of the Euboic coinage, thus increasing the debt-paying capacity of money twenty-seven per cent, or, in other words, reduced the debt about that amount. It was further provided that all debts could be paid in three annual instalments, thus allowing poor farmers with mortgages upon their farms an opportunity to pay their debts. There was also granted an amnesty to all persons who had been condemned to payment of money penalties. By further measures the exclusive privileges of the old nobility were broken down, and a new government established on the basis of wealth. People were divided into classes according to their property, and their privileges in government, as well as their taxes, were based upon these classes.

Revising the old council of 401, Solon established a council (Boule) of 400, 100 from each district. These were probably elected at first, but later were chosen by lot. The duties of this council were to prepare all business for passage in the popular assembly. No business could come before the assembly of the people except by decree of the council, and in nearly every case the council could decide what measures should be brought before the assembly. While in some instances the law made it obligatory for certain cases to be brought before the assembly, there were some measures which could be disposed of by the council without reference to the assembly.

The administration of justice was distributed among the nine archons, each one of whom administered some particular department. The archon as judge could dispose of matters or refer them to an arbitrator for decision. In every case the dissatisfied party had a right to appeal to the court made up of a collective body of 6,000 citizens, called the Heliaea. This body was annually chosen from the whole body of citizens, and acted as jurors and judges. In civil matters the services of the Heliaea were slight. They consisted in holding open court on certain matters appealed to them from the archons. In criminal matters the Heliaea frequently acted immediately as a sole tribunal, whose decision was final.

It is one of the remarkable things in the Greek polity that the supreme court or court of appeals should be elected from the common people, while in other courts judges should hold their offices on account of position. Solon also recognized what is known as the Council of the Areopagus. The functions of this body had formerly belonged to the old council included in the Draconian code. The Council of the Areopagus was formed from the ex-archons who had held the office without blame. It became a sort of supreme advisory council, watching over the whole collective administration. It took account of the behavior of the magistrates in office and of the proceedings of the public assembly, and could interpose in other cases when, in its judgment, it thought it necessary. It could advise as to the proper conducting of affairs and criticise the process of administration. It could also administer private discipline and call citizens to account for their individual acts. In this respect it somewhat resembled the Ephors of Sparta.

The popular assembly would meet and consider the questions put before it by the council, voting yes or no, but the subject was not open for discussion. However, it was possible for the assembly to bring other subjects up for discussion and, through motion, refer them to the consideration of the council. It was also possible to attach to the proposition of the council a motion, called in modern terms "a rider," and thus enlarge upon the work of the council; but it was so arranged that the preponderance of all the offices went to the nobility and that the council be made up of this class, and hence there was no danger that the government would fall into the hands of the people. Solon claimed to have put into the hands of the people all the power that they deserved, and to have established numerous checks on government which made it possible for each group of people to be well represented.

Thus the council limited the power of the assembly, the Areopagus supervised the council, while the courts of the people had the final decision in cases of appeal. As is well known, Solon could not carry out his own reforms, but was forced to leave the country. Had he been of a different nature and at once seized the government, or appealed to the people, as did his successor, Pisistratus, he might have made his measures of reform more effective. As it was, he was obliged to leave their execution to others.

Cleisthenes Continues the Reforms of Solon.—Some years later (509 B.C.) Cleisthenes instituted other reforms, increasing the council to 500, the members of which might be drawn from the first three classes rather than the first, limiting the archonship to the first class, and breaking up the four ancient tribes formed from the nobility. He formed ten new tribes of religious and political unions, thus intending to break down the influence of the nobility. Although the popular assembly was composed of all citizens of the four classes, the functions of this body in the early period were very meagre. It gave them the privilege of voting on the principal affairs of the nation when the council desired them to assume the responsibility. The time for holding it was in the beginning indefinite, it being only occasionally convened, but in later times there were ten[[1]] assemblies in each year, when business was regularly placed before it. Meetings were held in the market-place at first; later a special building was erected for this purpose. Sometimes, however, special assemblies were held elsewhere.

The assembly was convoked by the prytanes, while the right of convoking extraordinary assemblies fell to the lot of the strategi. There were various means for the compulsion of the attendance of the crowd. There was a fine for non-attendance, and police kept out people who ought not to appear. Each assembly opened with religious service. Usually sucking pigs were sacrificed, which were carried around to purify the place, and their blood was sprinkled over the floor. This ceremony was followed by the offering of incense. This having been done, the president stated the question to be considered and summoned the people to vote.