Abstract

What we know of citizenship, marriage and political status in Athens in the fourth century suggests that they were matters of no little public concern governed by a body of law which left few, if any, significant loopholes or anomalies. The ‘descent group’ criterion for citizenship had triumphed over the possible alternatives. The fundament of the system was the Periklean law of 451/0, re-enacted in 403/2, and prescribing double endogamy — that is, citizen birth through both parents — as the normal qualification for a citizen . Whether this fifth-century legislation declared mixed marriages positively invalid or merely deterred them indirectly, through the disabilities falling upon the children, remains unclear. It is certain, however, that by the time [Demosthenes] 59 was delivered, in the 340s, both the parties to and the accessories in such marriages were breaking the law. ‘At that time an alien who joined the oikos of a citizen as husband or wife could be prosecuted by graphe and, if found guilty, was sold as a slave; the citizen man who thus received an alien woman into his oikos as his wife was fined 1000 drachmas. A man who, acting as her kyrios, gave an alien woman to a citizen for marriage could also be prosecuted by graphe, and if he was found guilty he was disfranchised and his property was confiscated’