The whole course of the constitutional development is uncertain; for it rests upon traditions, of which it is extremely hard to judge the value. But, whatever the details of the growth may have been, two important facts are to be grasped. One is that the fall of royalty, which does not imply the abolition of the royal name, happened in Athens at an earlier period than in Greece generally. The other is that the Medontids were not kings, but archons—the chiefs of an aristocracy. The great work of the Medontids was the foundation of the Athenian commonwealth; and perhaps one of their house is to be remembered for another achievement, not less great, which has been already described, the union of Attica.
That union need not be older than the ninth century, and it is possible that the same republican movement which led to the downfall of the old royal house of the Acropolis, led to the synoecism of Attica. The political union of a country demands a system of organisation; and the statesmen who united Attica sought their method of organisation from one of those cities of Ionia, which Athens came to look upon as her own daughters. All the inhabitants were distributed into four tribes, which were borrowed from Miletus. The curious names of these tribes—Geleontes, Argadeis, Aigicoreis, and Hopletes—seem to have been derived from the worship of special deities; for instance, Geleontes from Zeus Geleon. But the original meanings of the names had entirely passed away, and the tribes were affiliated to Apollo Patroos, the paternal Apollo, from whom all Athenians claimed descent. The Brotherhoods seem to have been reorganised and arranged under the tribes—three to each tribe; so that there were twelve brotherhoods in the Attic state. At the head of each tribe was a “tribe-king.”
We can see the clan organisation at Athens better than elsewhere. The families of each clan derived themselves from a common ancestor, and most of the clan names are patronymics. The worship of this ancestor was the chief end of the society. All the clans alike worshipped Zeus Herkeios and Apollo Patroos; many of them had a special connexion with other public cults. Each had a regular administration and officers, at the head of whom was an “archon”. To these clans only members of the noble families belonged; but the other classes, the peasants and the craftsmen, formed similar organisations founded on the worship not of a common. The ancestor, for they could point to none, but some deity whom they chose. The members of these were called orgeōnes. This innovation heralds the advance of the lower classes to political importance.
The brotherhoods, composed of families whose lands adjoined, united their members in the cult of Zeus Phratrios and Athena Phratria. In early times only clansmen belonged to the brotherhoods, but here again a change takes place in the seventh century, and orgeones are admitted. The organisation was then used for the purposes of census. Every child whose parents were citizens must be admitted into a brotherhood; and, if this rite is neglected, he is regarded as illegitimate. It should be observed that illegitimacy at Athens did not deprive a man of political rights, but he could not lay claim by right of birth to his father’s inheritance.
At a much later time the constitutional historians of Athens made out that the clans were artificial subdivisions of the brotherhoods. They said that each tribe was divided into three brotherhoods, each brotherhood into thirty clans, and it was even added that each clan comprised thirty men. This artificial scheme is true, so far as the relation of the tribe to the brotherhood is concerned; but it is not true in regard to the clan, and is refuted by the circumstance that the tribes consisted of others than clansmen.
SECT. 3. THE ARISTOCRACY IN THE SEVENTH CENTURY
Early in the seventh century, then, the Athenian republic was an aristocracy, and the executive was in the hands of three annually elected officers, the archon, the king, and the polemarch. The archon was the supreme judge in alt civil suits. When he entered on office, he published a declaration that he would, throughout the term of his archonship, preserve the property of every citizen intact. At a later time this sphere of judicial power was limited and he judged mainly cases in which injured parents, orphans, heiresses were involved. He held the chief place among the magistrates, having his official residence in the Prytaneum where was the public hearth, and his name appeared at the head of official lists, whence he was called epōnymus; though the archonship was a later institution than that of polemarch, as is shown by the fact that no old religious ceremonies were performed by the archon, such as devolved upon the polemarch as well as upon the king. But the conduct of festivals instituted at later times was entrusted to him. Such were the Thargelia, the late-May feast of the first-fruits, the chief Athenian feast of Apollo, introduced from Delos probably in the seventh century; such were the great Dionysia, which, as we shall see, were founded in the sixth. The polemarch had judicial duties, besides being commander-in-chief of the army. He held a court in the Epilykeion on the banks of the Ilisus, and judged there all cases in which non-citizens were involved. Thus what the archon was for citizens, the polemarch was for the class of foreign settlers who were called “metics”. The king had his residence in the royal Stoa in the Agora. His functions were confined to the management of the state-religion, and the conduct of certain judicial cases connected with religion. He was president of the Council, and thus had considerable power and responsibility in the conduct of the judicial functions of that body.
The Bulê or Council was the political organisation through which the nobles carried out, at Athens as elsewhere, the gradual abolition of monarchy. This Council of Elders—a part as we saw of the Aryan inheritance of the Greeks—came afterwards to be called at Athens the Council of the Areopagus, to distinguish it from other councils of later growth. This name was derived from one of the Council’s most important functions. According to early custom, which we find reflected in Homer, murder and manslaughter were not regarded as crimes against the state, but concerned exclusively the family of the slain man, which might either slay the slayer or accept a compensation. But gradually, as the worship of the souls of the dead and the deities of the underworld developed, the belief gained ground that he who shed blood was impure and needed cleansing. Accordingly when a murderer satisfied the kinsfolk of the murdered by paying a fine, he had also to submit to a process of purification, and satisfy the Chthonian gods and the Erinyes or Furies, who were, in the original conception, the souls of the dead clamouring for vengeance. This notion of manslaughter as a religious offence necessarily led to the interference of the state. For when the member of a community was impure, the stain drew down the anger of the gods upon the whole community, if the unclean were not driven out. Hence it came about that the state undertook the conduct of criminal justice. The Council itself formed the court, and the proceedings were closely associated with the worship of the Semnai. These Chthonian goddesses had a sanctuary, which served as a refuge for him whose hand was stained with bloodshed, on the northeast side of the Areopagus, outside the city wall. It is possible that the association of this hill with the god Ares is merely due to a popular etymology, for he had no shrine here; but the correct explanation of the name Areiospagos is not known. On this rugged spot, apart from but within sight of the dwellings of men, the Council held its sittings for cases of murder, violence with murderous intent, poisoning, and incendiarism. The accuser stood on the stone of Insolence, the accused on the stone of Recklessness, each a huge unhewn block. This function of the Council, which continued to belong to it after it had lost its other powers, procured it the name of the Areopagus.During the period of the aristocracy, the Council was the governing body of Athens. We may be certain that the magistrates were always members; but otherwise we do not know how it was composed, and therefore can form no clear idea how the constitution worked. The Council doubtless exercised direct control over the election of the chief magistrates; but we need have small doubt that the king, the archon, and the polemarch were either elected by the Ecclesia consisting of the whole body of citizens entitled to vote, or at all events were chosen by the Council out of a limited number nominated by the Assembly.
As an achievement of the aristocracy we may regard the annexation of Eleusis. The Eleusinian kingdom bound in by Athens on one side and Megara on the other—its little bay locked by Megarian Salamis—did not play any part in any portion of Greek history of which we have the faintest record. But of its independent existence we have a clear echo in a hymn which tells the Eleusinian story of Demeter. That goddess, wandering in quest of her