THE UNPOPULAR LAWS
OF DRACO
Down to the year 621 B. C. the people were still without a substantial share in the government, and popular discontent demanded a written code. Consequently Draco, one of the archons, drew up laws, the severity of which has become proverbial, and which were intended, by their rigor, to check the growth of the democracy that was clamoring for a change. The penalty of death was assigned to all offenses, great or small, to enable the nobles to get rid of dangerous leaders of the people; but such a system did not long continue.
Anarchy prevailed in Attica, owing to the various factions of the oligarchs, the democrats, and a middle party (the moderates).
SOLON REFORMS
THE LAWS
A wise reformer was found in Solon, chosen as an archon in 594 B. C., and invested by his fellow citizens, for the special purpose of restoring tranquility, with unlimited power to change the laws. He was already distinguished as a poet and as a general in the war of Athens against her neighbor, Megara. His great object was to remove the oppressive and excessive power of the aristocracy without introducing pure democracy.
Solon began with the abolition of Draco’s code, but retained the penalty of death for murder. His celebrated disburdening ordinance for the relief of debtors won the complete confidence of the people. This had the immediate effect of mitigating the oppressions caused by the old laws of debt: in future neither the person, family, nor estate of the debtor might be pledged in security for the loan. A further democratic character was given at the outset to the constitution of Solon by the division of the people into four classes, according to property, which was now substituted for birth as a qualification for the higher offices of state.
A council of state, or senate, called the Boule (council) was chosen annually by lot, to prepare measures for submission to the popular assembly, or Ecclesia, in which the citizens of the fourth or lowest class (who could hold no state office) had the right of voting. The Ecclesia included all classes of the citizens, who there legislated, elected the magistrates, decided on peace or war, and other matters sent down to it from the Boule.
For the courts of justice below the Areopagus, a body of six thousand jurors was to be annually selected by lot from the popular assembly, and the causes were tried by divisions of the whole body.
Solon was also the author of many laws which regulated private life and rights, public amusements, slavery, marriage, and other matters. Among his miscellaneous enactments may be noted that which legalized the export of olive oil only, that which obliged the father to teach his son a trade, that which penalized a citizen for remaining neutral on the outbreak of civil strife, and that which empowered a man who died childless to dispose of his property by will.
SOLON’S CONSTITUTION OVERTHROWN
BY PISISTRATUS