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and formalization” of the early Greek state (Gehrke 2009: 405). Nowhere can this be seen more clearly than in what may be the earliest constitutional document to survive from archaic Greece—namely, the Great Rhetra of Sparta, preserved only in Plutarch’s Life of Lycurgus (6). In Plutarch’s account, the Great Rhetra sets out provisions for (i) the foundation of sanctuaries to Zeus and Athena; (ii) a reorganization of the civic body into “tribes” (phylai) and either villages or tribal subdivisions (obai); (iii) the establishment of a council of 28 elders (gerousia) together with the 2 archagetai—i.e., the two “kings,” who at Sparta, unusually, were hereditary; (iv) the regular holding of assembly meetings (apellai) at which proposals will be introduced or set aside; and (v) the ultimate power of the people (damos [i.e., dēmos, or “people”]), although a “crooked” decision by the people could be vetoed by the kings and the elders.7 That the provisions of the Rhetra may actually date back to the seventh century is suggested strongly by what appears to be a reference to them in some verses by Tyrtaeus (fr. 4W quoted by Diod. Sic. 7.12.5–6 [in italics]):

      Having listened to Phoebus (Apollo), they brought home from Pytho (Delphi) the prophecies and truthful words of the god: the god-honored basileis, who care for the lovely polis of Sparta, and the aged elders are to be in charge of deliberation; then the men of the dēmos, responding to (or with?) straight proposals (or utterances?), are to speak noble words and do just deeds and not give [crooked] council to the polis. Victory and power are to accompany the mass of the dēmos. For thus did Phoebus reveal about these things to the polis.8

      Certainly, the law regulating the office of kosmos at Dreros (ML 2/Fornara 11) was endorsed by the community as a whole (“this has been decided by the polis”) and was sworn to by the kosmos, the damioi (perhaps the name of a magistracy, if not the members of the dēmos itself), and “the twenty”—probably a council akin to the gerousia at Sparta. Similar institutions are attested elsewhere. Alcaeus (fr. 130B Campbell) bemoans his life as an exile, distanced from the deliberative mechanisms of his home community

      I, wretch that I am, live a rustic life, desiring to hear the assembly (agora) being summoned, Agesilaidas, and the council (bolla); but I have been driven from the property which my father and my grandfather held into old age, amidst these mutually-destructive citizens, and I live as an exile in the borderlands.

      The law from Chios (ML 8/Fornara 19) refers to a popular council (bolēn dēmosiēn), which is presumably distinct from an older, aristocratic council and a popular council may also have existed at Athens in this period, in addition to the aristocratic council of the Areopagos: Solon, at any rate, is credited with establishing a new council of 400 ([Arist.] Ath. Pol. 8.4).10

      The Rise of an Aristocracy

      It is only with the transition to a stratified society that we can talk about the emergence of a true aristocracy. Granted, the values that Homeric heroes articulate—honor, status, prestige goods, and athletic and martial prowess—are precisely those that define the aristocratic ethos in the archaic period (Stein-Hölkeskamp 2015: 189) but, numerically speaking, Homeric basileis are simply not numerous enough to constitute an aristocratic “class.” There are leaders (basileis) and followers (laoi). From the seventh century, however, a nascent aristocratic consciousness is identifiable in an unashamedly elitist terminology that distinguishes between an aristocratic group of insiders, termed variously kaloi (“beautiful” or “fair”), agathoi (“good”), or esthloi (“good” or “brave”) and a much larger group of outsiders or inferiors, designated as kakoi (“ugly” or “bad”) and deiloi (“cowardly” or “wretched”).13 The divisions are especially pronounced in the Theognidea. “It is because I am well disposed to you, Kyrnos,” the poetic voice proclaims, “that I will offer you advice that I myself, as a child, learned from agathoi”(1.27–8). The poet continues: “Do not associate with men who are kakoi, but always hold close to the agathoi; drink and eat with them, sit with them and ingratiate yourself with those whose power is great; for you will learn esthla from those who are esthloi” (1.31–5). In a similar vein, the sixth-century elegiac poet Phocylides of Miletus (fr. 6 W) warns his addressee “to avoid being the debtor of a kakos, lest he cause you grief by demanding repayment at an inopportune time.”

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