The constitution was at this time thoroughly oligarchical. With a view,
however, to providing a remedy for the conflict between the several
orders of the state, the first code of Athenian law was drawn up and
published by Draco (strictly Dracon), who is definitely described as a
_thesmothetes_ (621). His laws were known as _thesmoi_. The distinctive
part of his legislation was the law of homicide, which was held in such
high esteem that it was left unaltered in the legislation of Solon and
in the democratic restoration of 411 B.C. It is partly preserved in an
inscription of 409, which has been restored with the aid of quotations
from the orators (_C.I.A._ i. 61; _Inscr. jurid. grecques_, ii. 1. 1-24;
and Hicks, _Gk. Hist. Inscr._ No. 59). It drew a careful distinction
between different kinds of homicide. Of the rest of Draco's legislation
we only know that Aristotle (_Politics_, ii. 12, 13) was struck by the
severity of the penalties, and that the creditor was permitted to seize
the person of the debtor as security for his debt.
Solon.
The conflict of the orders was not allayed until both parties agreed in
choosing Solon as mediator and as archon (594 B.C.). Solon cancelled all
mortgages and debts secured on the person of the debtor, set free all
who had become slaves for debt, and forbade such slavery for the future
(see SOLON). Thenceforth every citizen had also "the right of appeal to
the law-courts," and the privilege of claiming legal satisfaction on
behalf of any one who was wronged. Cases of constitutional law (_inter
alia_) came before large law-courts numbering hundreds of jurors, and
the power of voting in these law-courts made the people masters of the
constitution (Aristotle's _Constitution of Athens_, c. 9). Solon's
legislation also had an important effect on the law of property. In
primitive times, on a man's death, his money or lands remained in the
family, and, even in the absence of direct descendants, the owner could
not dispose of his property by will. Permission to execute a will was
first given to Athenian citizens by the laws of Solon. But "the Athenian
Will was only an inchoate Testament" (Maine's _Ancient Law_, c. vi.);
for this permission was expressly limited to those citizens who had no
direct male descendants (Dem. _Lept._ 102; Plutarch, _Solon_, 21; cf.
Wyse on Isaeus, p. 325).
The law of intestate succession is imperfectly preserved in [Dem.] 43, S
51 (cf. Wyse, _ib._ p. 562 f.). In the absence of direct male
descendants, a daughter who survived her father was known as an [Greek:
epikleros], not an "heiress," but a "person who went with the estate";
and, in the absence of a will, the right or duty of marrying the
daughter followed (with certain obvious exceptions) the same rules as
the right of succession to the estate (cf. Wyse, _ib._ p. 348 f.).
Cleisthenes, Ephialtes.
Pericles, Cleon.
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