The Draconian constitution, or Draco's code, was a written law code enforced by Draco near the end of the 7th century BC; its composition started around 621BC.
It was written in response to the unjust interpretation and modification of oral law by Athenian aristocrats."...the nobles could no longer twist the laws as they willed..." - http://www.publicbookshelf.com/public_html/The_Story_of_the_Greatest_Nations_and_the_Worlds_Famous_Events_Vol_1/whatisd_bei.html, an excerpt of The Story of the Greatest Nations and the World's Famous Events by Edward S. Ellis and Charles F. Home, PhD As most societies in Greece codified basic law during the mid-seventh century BC,"It was not until the middle of the seventh century BC that the Greeks first began to establish official laws."
- , "Early Laws" Athenian oral law was manipulated by the aristocracy"Not only do the aristocratic families of Attica hold nearly all political power..." - http://www.historyworld.net/wrldhis/plaintexthistories.asp?historyid=ac45 (The text is set in context during the time of aristocracy of the state of Athens before the establishment of the Draconian constitution, so before circa 620 BC) until the emergence of Draco's code.
Around 621 BC the people of Athens commissioned Draco to devise a written law code and constitution, giving him the title of the first legislator of Athens.
The literate could read the code at a central location accessible to anyone.
This enactment of a rule of law was an early manifestation of Athenian democracy.
Background
The need for written laws began with the unequal access to legal knowledge of the aristocracy as compared with the general populace; the established laws of Athens were inefficiently formulated in the spoken language and often modified and re-evaluated.
The aristocratic exploitation of this system began during the mid-seventh century BC, and laws were often amended to benefit the aristocracy."
The distinctive privilege which the nobles had always enjoyed was the exclusive knowledge and administration of the laws.
They were, then, open to the charge of exercising this privilege in their own favor."
- Athenian Political Commissions by Frederick Danesbury Smith This triggered feuds by families ignorant of the law in an attempt to obtain justice."
Murders were settled by members of the victim's family, who would then go and kill the murderer.
This often began endless blood feuds."
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To minimize the incidence of these feuds, the governing aristocratic families of Athens decided to abandon their concealed system of legal proposals and amendments and promulgate them to Athenian society in writing.
They authorized Draco, an aristocratic legislator,"He was elected as one of the nine archons, but was not the archon eponymous."
- Athenian Political Commissions, page 12, by Frederick Danesbury Smith to construct the written constitution, and he began to write the text around 621 BC.
To promulgate the new constitution, its text was inscribed on displaying devices."
'Axones' and 'kyrbeis' are names given to structures that contained the law codes of Draco and Solon in ancient Athens during the Archaic Age."
- http://ancienthistory.about.com/od/greekterms/g/Axones.htm; These two terms are debated in specificity to their materialistic structure and functionality.
The following quote describes both terms: "Robertson says [describes such information in Solon's Axones and Kyrbeis, and the Sixth-Century Background (Figs. 1-2), Historia: Zeitschrift für Alte Geschichte, (2nd Qtr., 1986), pp. 147-176] axones and kyrbeis were not names for the same thing: the axones were revolving wooden beams, while kyrbeis were standing pillars in the Royal Stoa."
- http://ancienthistory.about.com/od/greekterms/g/Axones.htm; The following describes the term "axone" particularly: "These beams were called axones, a word meaning 'axles,' because the ends of each beam were pivoted and placed within a frame in such a way that they could be rotated."
- James Sickinger, Literacy, Documents, and Archives in the Ancient Athenian Democracy, The American Archivist, (Fall, 1999), pp.
229-246 As a result, the Draconian constitution was accessible to the literate.
Draco introduced the concepts of intentional and unintentional homicide,"Another result of the codification of laws by Draco -- and the only part that remained part of the legal code -- was the introduction of the concept of 'intention to murder.'"
- http://ancienthistory.about.com/cs/greecehellas1/a/cylonanddraco_3.htm with both crimes adjudicated at the Areopagus."
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."
-  Since murder cases were tried by the state, feuds as a form of justice became illegal.
The homicide laws were the only laws retained by the early-6th-century BC Solonian Constitution."
We know nothing about what Drakon's [Draco's] nomoi were.
Solon repealed all of the nomoi of Drakon except for one about Homicide, and the Athenians quickly forgot them."
- Solon: The Lawmaker of Athens, Page 25 by Bernard Randall
Although the full Draconian constitution no longer exists, severe punishments were reportedly meted out to those convicted of offenses as minor as stealing an apple."
The Draconian laws were most noteworthy for their harshness..." - http://www.britannica.com/EBchecked/topic/170684/Draconian-laws There may have been only one penalty, execution, for all convicted violators of the Draconian constitution"Athenians later said that Drakon [Draco] gave the death penalty for most crimes, even for stealing fruit."
- Solon: The Lawmaker of Athens, Page 25 by Bernard Randall and the laws were said to be written in blood instead of ink."...they were said to be written in blood, rather than ink."
- http://www.britannica.com/EBchecked/topic/170684/Draconian-laws These legends have become part of the English language, with the adjective "draconian" referring to unusually harsh punishment."
The English word 'draconian,' meaning very harsh, comes from his [Draco's] name."
- Solon: The Lawmaker of Athens, Page 25 by Bernard Randall Suffrage
Hoplites were able to participate in political life;"The franchise was given to all who could furnish themselves with military equipment." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator)"According to Aristotle’s description of these laws, the new Constitution gave political rights to those Athenians 'who bore arms,' in other words, those Athenians wealthy enough to afford the bronze armor and weapons of a hoplite."
- http://www.stoa.org/projects/demos/article_democracy_development?page=3&greekEncoding=UnicodeC they could vote and hold minor state official positions."...the less important officials from those who could furnish themselves with a military equipment..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) To hold higher positions, property was required.
Hoplites with debt-free property valued at ten minas or more could serve as an eponymous archon or a Treasurer."
The nine Archons and the Treasurers were elected by this body from persons possessing an unencumbered property of not less than ten minas..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) The Athenian strategoi (generals) and hipparkoi (cavalry commanders) were chosen from those holding unencumbered property worth at least 100 minas with offspring over 10 years of age who were born in wedlock."
...and the generals [Strategi] and commanders of the cavalry [Hipparchi] 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."
- http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) Four hundred and one Council members were chosen from hoplites at least 30 years of age."
Both for this [the Council] and for the other magistracies the lot was cast among those who were over thirty years of age..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) No one could be elected by lot more than once to serve on the Council until the Council "cast the lot afresh": again included every eligible individual for the next Council when everyone had served a turn."...and no one might hold office twice until every one else had had his turn, after which they were to cast the lot afresh."
- http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) Election to political positions in Athens was based on sortition"Both for this and for the other magistracies the lot was cast..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 3 by Aristotle, Frederic G. Kenyon (translator) except for the Areopagus, which consisted of retired archons."...and that the Areopagus was composed of those who had served as Archons; for which latter reason the membership of the Areopagus is the only office which has continued to be a life-magistracy to the present day. "
- http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 3 by Aristotle, Frederic G. Kenyon (translator) {{anchor|The Council and the Assembly}}Council and Assembly
The Council was another concept Draco introduced to Athenian government in his constitution."
There was also to be a Council, consisting of four hundred and one members, elected by lot from among those who possessed the franchise."
- http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 3 by Aristotle, Frederic G. Kenyon (translator) In Aristotle's Constitution of the Athenians, the Council was vaguely characterized as a magistracy."
Both for this [the Council] and for the other magistracies the lot was cast among those who were over thirty years of age;" - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) The Assembly was another Athenian magistracy which was described in detail by Aristotle.The mere mention of description of the Assembly is contributed towards a statement outlining the penalization of dismissing a sitting of the Council or the Assembly: "If any member of the Council failed to attend when there was a sitting of the Council or of the Assembly, he paid a fine..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator)
Council or Assembly members who were absent from a meeting were fined,"If any member of the Council failed to attend when there was a sitting of the Council or of the Assembly, he paid a fine..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) with the fines proportionate to social class.
If the absent member was from the pentacosiomedimnus class, they were fined three drachmas."...he [absent Council or Assembly member] paid a fine, to the amount of three drachmas if he was a Pentacosiomedimnus" - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) Knights were fined two drachmas,"...two [two drachmas] if he [absent Council or Assembly member] was a Knight..." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator) and zeugites one drachma."...and One [one drachma] if he [absent Council or Assembly member] was a Zeugites" - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Part 4 by Aristotle, Frederic G. Kenyon (translator)
{{anchor|Controversial matters of Aristotle's description of the Draconian constitution in ''Constitution of the Athenians''}}In ''Constitution of the Athenians''
{{anchor|Setting of the development of the Draconian constitution}}Setting
Aristotle's timeline of the Draconian constitution is characterized by the vague phrase "not very long after":
Given the founding of Athens by Cecrops I and its first constitution in 1556 BC, its legal framework would have functioned for over 900 years before Draco codified the laws and drafted his constitution around 620 BC.
Therefore, subsequently, commentators assume that the phrase "not very long after" refers instead to the more-recent Cylonian affair.
Prytanes
Aristotle's undefined use of "Prytanes" refers to a number of Athenian state positions during and after the development of the Draconian constitution:
"Prytanes" later referred to the fifty members of the Council, although their only other appearance in the context of the Draconian constitution was in Herodotus' account of the Cylonian affair (where the "Prytanes of Naucrari" are mentioned).
This may have occurred due to Herodotus' (a Dorian) habit of referring to the first magistrates of Dorian cities as "Prytanes of Naucrari" and conflating them with the first magistrates of Athens (the Archons).
Thucydides' more-detailed version also refers to Herodotus' "Prytanes of Naucrari."
"Those," he wrote, "to whom the people had confided the keeping of the citadel, seeing the partisans of Cylon perish at the feet of the statue of Minerva, caused them to go out of the citadel, promising them that no harm would be done to them."
As Thucydides had mentioned in his account of the Cylonian affair, the nine Archons were the people entrusted with the citadel."
Each tribe was divided into three Trittyes [=Thirds], with twelve Naucraries in each; and the Naucraries had officers of their own, called Naucrari, whose duty it was to superintend the current receipts and expenditure."
- http://classics.mit.edu/Aristotle/athenian_const.1.1.html, Constitution of the Athenians, Aristotle, Frederic G. Kenyon (translator) {{anchor|Grammatical ambiguity of relation between concurrent Athenian officials and preceding officials}}Relationships among Athenian officials
A relationship between current officials and the Prytanes, strategoi and hipparkoi of the preceding year concerning financial securities is a controversial texts in the Oxford Classical Text edition of Aristotle’s Constitution of the Athenians, translated by Frederic G. Kenyon: Draco's position
Until the discovery of Aristotle's Constitution of the Athenians, Draco was not considered a political reformer.
Although the Draconian constitution is not mentioned by contemporary historians, his position as a political and constitutional reformer and a lawgiver was emphasized by Aristotle (despite the repeal of most of his laws, except those governing homicide).
References
