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The Constitution of Draco. ᾽Aθ. Πολ. Ch. Iv The Classical Review http://journals.cambridge.org/CAR Additional services for The Classical Review: Email alerts: Click here Subscriptions: Click here Commercial reprints: Click here Terms of use : Click here The Constitution of Draco. Aθ. Πολ. ch. iv James W. Headlam The Classical Review / Volume 5 / Issue 04 / April 1891, pp 166 - 168 DOI: 10.1017/S0009840X00178898, Published online: 27 October 2009 Link to this article: http://journals.cambridge.org/abstract_S0009840X00178898 How to cite this article: James W. Headlam (1891). The Constitution of Draco. Aθ. Πολ. ch. iv. The Classical Review, 5, pp 166-168 doi:10.1017/S0009840X00178898 Request Permissions : Click here Downloaded from http://journals.cambridge.org/CAR, IP address: 147.188.128.74 on 06 Jul 2015 166 THE CLASSICAL REVIEW. he fell ill with the epidemic. This, as Hans than in normal times; so that Gilbert may Delbriick points out, is perhaps the real be right in his belief that Pericles was reason why Thucydides anticipates Pericles' <TTpa.Tr)ybs airoKpoLTwp in 431. But no argu- death. ment as regards general practice can be drawn A few months before the trial of Pericles from occurrences during a state of war. If he Hermippus had ridiculed him for his faint- was (rrpa/njyos avroKpartop in 431, he held that heartedness. It is probable that the elections position till the Panathenaea 430. It is likely for 430, such as they were, took place before that the superior authority, when it was con- the Great Dionysia, and also before the ferred, was given by a vote passed in the Peloponnesians invaded Attica. Whether first ecclesia held after the new generals the play was produced at the Lenaea or at the entered on office. The necessity of creating Great Dionysia, it is clear that the charge of such an officer cannot have been foreseen so embezzlement must be connected with long before the new year as the time of the Pericles' not very successful expedition in elections. Probably Pericles was not made the early summer of 430. It is at least certain o-Tparryyos avroKpdrwp in Hecatombaeon 430, that when Hermippus' play appeared Cleon owing to the opposition now roused against had only come forward as an opponent of him. This would explain why he had no the policy of wearing Sparta out. power to hinder the meeting of the ecclesia Beloch's notion that there was an officer after the Panathenaea of 430 ; for had he called TrpvTavis TO>V orpat^yoiv receives nobeen orpcm^yos avroKptxTiap, he might have countenance from Aristotle. Indeed, it is managed to prevent the bn-^tiporovia taking clear that in ordinary circumstances the place. It also involves the conclusion that sfrrategi had equal power. Still, it is only the famous self-defence was delivered before likely that in the war more cases of a the Panathenaea of 430. yos avTOKpdrwp should have occurred E. C. MARCHANT. THE CONSTITUTION OF DRACO. 'A0. IIoA. ch. iv. THIS chapter contains the account of a of the 0e<T/iot of Draco knows of nothing but change in the constitution of Athens made a code of law. by Draco. As Mr. Kenyon points out, we Speaking of Solon he says : have no other record of any such change, and irp&yrov /lev ovv TOVS &pa.KOvros VO/J.OVS aveikf a well known passage in the Politics (ii. 9, irXrjv TS>V (poviK&v amuras 8ia TTJV xaXtTrorrjTa 9, 1274b, 15) expressly tells us that Draco Koil TO /*eye{?os TSIV e/nrifUiav (ch. xvii.). After did nothing of the sort. It is therefore im- finishing this topic he proceeds in chap, xviii. possible that both these statements can be to give an account of the constitutional due to Aristotle. The latter part of the changes made by Solon. He did not then second book has long been suspected by include constitutional arrangements among critics, but before we accept the new account the Oea-fioi of Draco. it will be well to examine it rather closely (2) Other passages in the TT O A I T e i'a itself to see if it bears internal marks of genuine- support the view taken by Plutarch and the ness. Politics. This is the more necessary because there (a) In chap. vii. speaking of Solon, the writer, is considerable evidence to support the state- who is indeed here followed almost verbally by ment of the Politics—that what Draco did Plutarch, speaks of the Oear/ioloi Draco in con- was not to make a constitution but to pub- nection with the new code of laws made by lish a code of laws in an existing constitu- Solon, and makes no reference to him in tion. speaking of the constitutional innovations of (1) No other writer knows anything of a the latter. constitution attributed to Draco ; not even (J) In chap. xli. he recapitulates the main an author who, as Plutarch did, drew his points of the history which he has just nar- information largely and quoted verbally both rated, and refers to Draco in the following from the irokireia and also apparently from words : the authorities used by Aristotle in compiling /JitTa 8e ravrrjv •q (Trl Apa/covros, iv ij teat vofiovs the TToXinia. For Plutarch when speaking aviypaif/av THE CLASSICAL REVIEW. 167 The characteristic feature of the legislation Chap. vii. I have already referred to : the of Draco is, we are here told, the publication word here is used as synonymous with vd//.os of the law. This agrees with the account of and contrasted with iroAn-etov era^ev. chap, vii., of Plutarch, and of the Politics. We are then I think justified at looking at It is inconsistent with chap. iv. : because the sentence as it stands with great sus- there not a single word is said about the picion. publication of the laws ; and instead we have Let us now turn to the provisions of the described a very remarkable constitution ; constitution. one in some ways, as I shall show, more re- I think I can show that markable than that of Solon. (1) At least one of these could not pos- There is then sufficient reason for sub- sibly have been devised in Draco's time. jecting the statement of chap. iv. to a careful Nearly all of them are very difficult to re- enquiry. concile with what we know of the state of The passage is introduced in the following Athens at the time : and some of them are words: inconsistent with other statements in this fiera Se ravra, ^povov TIVOS OV troXXov 8ie\66vTOS, book. «ir* Api<TTai^/ji.ov ap^ovros Apafaov TOV<S 0e<rp.ov% (2) None of the provisions, some of them tOrjKew 17 Se rafts avrr/ roVSe rov rpovov ei^c. very remarkable ones, are ever quoted by any Now here rj rafts is meant to refer to of the writers who used the work. OffTflOL. (3) The whole constitution is just like It is very doubtful whether the words used those described later in the book in connec- will admit this interpretation. Aristotle tion with the aristocratic revolutions in 411. regularly distinguishes between vofj.01 and 17 rdfis r»}s 7roA.ireias. Cf. Pol. vi. 1,5, 1289a, I. The property qualification for the Ar- 15 iro\tT«'a fi.ev yap eon rafts rats irdAetrtv r/ chonship is 10 minae. At this time pro- irepl Tas ap^ds—vo/x.01 Be Keyiopiarp,ivoi r&v Srj- perty was, as we know,reckoned not in money \ovvrwv rrjv iroXireiav, Kaff 08s Bel Toiis ap)(0VTas but in corn. a>x«v K.T.X. Cf. also 1286a, 3. 10 minae is equal to a 1000 drachmas. This distinction is maintained in this work, The qualification of a ^evym/s was to possess cf. chap. vii. and ix. (the rule however is not land capable of producing 200 /xlSi/xvoi: a invariable, cf. ch. xxxiv.). /xe'St/tvos of corn was worth at this time about This seems to be more true of the word a drachma (Plut. Solon 23, quoting a law Ota-pot. Oea-fnol. is a veryrare word in prose: anofd Solon). Land of this extent must have where it occurs in Attic prose it seems al- been worth not less than 2000 drachmas. ways to refer directly to the deo-pot of Draco According to this men were eligible to the except in a few passsages where it is used archonship who were excluded by Solon from metaphorically. Plato Pliaedrus 248 C uses all office. the expression Ota-fioi rijs 'ASpaareias, and in II. Men are eligible to the office of Pseudo-Arist. n-ept Koo-pov 6, 401a, 10 we read orpanjyds and tinrap^os who possess 100 of dcoyioi rov 6eov. There seems to be no minae, and have children over ten years of other case of its use in Aristotle or Plato age by a wedded wife. (except in the Epistles), and none in the As to this— Orators except in reference to Draco, cf. (a) We have no other record of a-Tparriyoi also Herod, iii. 31. The word and also the at this time : in chap. vii. where a consider- kindred Becrpia are both used more than able list of officials is given they are not once in this work. In the passage of Solon mentioned. quoted p. 31 : (5) The clause that they must have child- fcoytOVS 6' 6/MHOUS Tffl KCLKM Tt KO.yO$&, ren is also quite new. evOetav eis I/caOTov dp/idcras St/ojv, (c) If there were arparqyoi they held only lyp/ an inferior position, and the very high pro- it obviously refers simply to the ordinances perty qualification is unaccountable.
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