Part 12

He would not have forborne, nor let alone, But made the fattest of the milk his own.

Soon, however, becoming sensible of the good that was done, they laid by their grudges, made a public sacrifice, calling it Seisacthea, and chose Solon to new-model and make laws for the commonwealth, giving him the entire power over everything, their magistracies, their assemblies, courts, and councils; that he should appoint the number, times of meeting, and what estate they must have that could be capable of these, and dissolve or continue any of the present constitutions, according to his pleasure.

First, then, he repealed all Draco's laws, except those concerning homicide, because they were too severe, and the punishments too great; for death was appointed for almost all offenses, insomuch that those that were convicted of idleness were to die, and those that stole a cabbage or an apple to suffer even as villains that committed sacrilege or murder. So that Demades, in after time, was thought to have said very happily, that Draco's laws were written not with ink, but blood; and he himself, being once asked why he made death the punishment of most offenses, replied, "Small ones deserve that, and I have no higher for the greater crimes."

Next, Solon, being willing to continue the magistracies in the hands of the rich men, and yet receive the people into the other part of the government, took an account of the citizens' estates, and those that were worth five hundred measures of fruits, dry and liquid, he placed in the first rank, calling them Pentacosiomedimni; those that could keep an horse, or were worth three hundred measures, were named Hippada Teluntes, and made the second class; the Zeugitae, that had two hundred measures, were in the third; and all the others were called Thetes, who were not admitted to any office, but could come to the assembly, and act as jurors; which at first seemed nothing, but afterwards was found an enormous privilege, as almost every matter of dispute came before them in this latter capacity. Even in the cases which he assigned to the archons' cognizance, he allowed an appeal to the courts. Besides, it is said that he was obscure and ambiguous in the wording of his laws, on purpose to increase the honor of his courts; for since their differences could not be adjusted by the letter, they would have to bring all their causes to the judges, who thus were in a manner masters of the laws. Of this equalization he himself makes mention in this manner:

Such power I gave the people as might do, Abridged not what they had, now lavished new. Those that were great in wealth and high in place, My counsel likewise kept from all disgrace. Before them both I held my shield of might, And let not either touch the other's right.

And for the greater security of the weak commons, he gave general liberty of indicting for an act of injury; if any one was beaten, maimed, or suffered any violence, any man that would and was able, might prosecute the wrongdoer; intending by this to accustom the citizens, like members of the same body, to resent and be sensible of one another's injuries. And there is a saying of his agreeable to this law, for, being asked what city was best modeled, "That," said he, "where those that are not injured try and punish the unjust as much as those that are."

When he had constituted the Areopagus of those who had been yearly archons, of which he himself was a member therefore, observing that the people, now free from their debts, were unsettled and imperious, he formed another council of four hundred, a hundred out of each of the four tribes, which was to inspect all matters before they were propounded to the people, and to take care that nothing but what had been first examined should be brought before the general assembly. The upper council, or Areopagus, he made inspectors and keepers of the laws, conceiving that the commonwealth, held by these two councils, like anchors, would be less liable to be tossed by tumults, and the people be more at quiet. Such is the general statement, that Solon instituted the Areopagus; which seems to be confirmed, because Draco makes no mention of the Areopagites, but in all causes of blood refers to the Ephetae; yet Solon's thirteenth table contains the eighth law set down in these very words: "Whoever before Solon's archonship were disfranchised, let them be restored, except those that, being condemned by the Areopagus, Ephetae, or in the Prytaneum by the kings, for homicide, murder, or designs against the government, were in banishment when this law was made;" and these words seem to show that the Areopagus existed before Solon's laws, for who could be condemned by that council before his time, if he was the first that instituted the court? unless, which is probable, there is some ellipsis, or want of precision, in the language, and it should run thus, -- "Those that are convicted of such offenses as belong to the cognizance of the Areopagites, Ephetae, or the Prytanes, when this law was made," shall remain still in disgrace, whilst others are restored; of this the reader must judge.

Amongst his other laws, one is very peculiar and surprising, which disfranchises all who stand neuter in a sedition; for it seems he would not have any one remain insensible and regardless of the public good, and, securing his private affairs, glory that he has no feeling of the distempers of his country; but at once join with the good party and those that have the right upon their side, assist and venture with them, rather than keep out of harm's way and watch who would get the better. It seems an absurd and foolish law which permits an heiress, if her lawful husband fail her, to take his nearest kinsman; yet some say this law was well contrived against those, who, conscious of their own unfitness, yet, for the sake of the portion, would match with heiresses, and make use of law to put a violence upon nature; for now, since she can quit him for whom she pleases, they would either abstain from such marriages, or continue them with disgrace, and suffer for their covetousness and designed affront; it is well done, moreover, to confine her to her husband's nearest kinsman, that the children may be of the same family. Agreeable to this is the law that the bride and bridegroom shall be shut into a chamber, and eat a quince together; and that the husband of an heiress shall consort with her thrice a month; for though there be no children, yet it is an honor and due affection which an husband ought to pay to a virtuous, chaste wife; it takes off all petty differences, and will not permit their little quarrels to proceed to a rupture.

In all other marriages he forbade dowries to be given; the wife was to have three suits of clothes, a little inconsiderable household stuff, and that was all; for he would not have marriages contracted for gain or an estate, but for pure love, kind affection, and birth of children. When the mother of Dionysius desired him to marry her to one of his citizens, "Indeed," said he, "by my tyranny I have broken my country's laws, but cannot put a violence upon those of nature by an unseasonable marriage." Such disorder is never to be suffered in a commonwealth, nor such unseasonable and unloving and unperforming marriages, which attain no due end or fruit; any provident governor or lawgiver might say to an old man that takes a young wife what is said to Philoctetes in the tragedy,--

Truly, in a fit state thou to marry!

and if he finds a young man, with a rich and elderly wife, growing fat in his place, like the partridges, remove him to a young woman of proper age. And of this enough.

Another commendable law of Solon's is that which forbids men to speak evil of the dead; for it is pious to think the deceased sacred, and just, not to meddle with those that are gone, and politic, to prevent the perpetuity of discord. He likewise forbade them to speak evil of the living in the temples, the courts of justice, the public offices, or at the games, or else to pay three drachmas to the person, and two to the public. For never to be able to control passion shows a weak nature and ill-breeding; and always to moderate it is very hard, and to some impossible. And laws must look to possibilities, if the maker designs to punish few in order to their amendment, and not many to no purpose.

He is likewise much commended for his law concerning wills; for before him none could be made, but all the wealth and estate of the deceased belonged to his family; but he, by permitting them, if they had no children, to bestow it on whom they pleased, showed that he esteemed friendship a stronger tie than kindred, and affection than necessity; and made every man's estate truly his own. Yet he allowed not all sorts of legacies, but those only which were not extorted by the frenzy of a disease, charms, imprisonment, force, or the persuasions of a wife; with good reason thinking that being seduced into wrong was as bad as being forced, and that between deceit and necessity, flattery and compulsion, there was little difference, since both may equally suspend the exercise of reason.

He regulated the walks, feasts, and mourning of the women, and took away everything that was either unbecoming or immodest; when they walked abroad, no more than three articles of dress were allowed them; an obol's worth of meat and drink; and no basket above a cubit high; and at night they were not to go about unless in a chariot with a torch before them. Mourners tearing themselves to raise pity, and set wailings, and at one man's funeral to lament for another, he forbade. To offer an ox at the grave was not permitted, nor to bury above three pieces of dress with the body, or visit the tombs of any besides their own family, unless at the very funeral; most of which are likewise forbidden by our laws,@ but this is further added in ours, that those that are convicted of extravagance in their mournings, are to be punished as soft and effeminate by the censors of women.

Observing the city to be filled with persons that flocked from all parts into Attica for security of living, and that most of the country was barren and unfruitful, and that traders at sea import nothing to those that could give them nothing in exchange, he turned his citizens to trade, and made a law that no son should be obliged to relieve a father who had not bred him up to any calling. It is true, Lycurgus, having a city free from all strangers, and land, according to Euripides,

Large for large hosts, for twice their number much,

and, above all, an abundance of laborers about Sparta, who should not be left idle, but be kept down with continual toil and work, did well to take off his citizens from laborious and mechanical occupations, and keep them to their arms, and teach them only the art of war. But Solon, fitting his laws to the state of things, and not making things to suit his laws, and finding the ground scarce rich enough to maintain the husbandmen, and altogether incapable of feeding an unoccupied and leisurely multitude, brought trades into credit, and ordered the Areopagites to examine how every man got his living, and chastise the idle. But that law was yet more rigid which, as Heraclides Ponticus delivers, declared the sons of unmarried mothers not obliged to relieve their fathers; for he that avoids the honorable form of union shows that he does not take a woman for children, but for pleasure, and thus gets his just reward, and has taken away from himself every title to upbraid his children, to whom he has made their very birth a scandal and reproach.

Solon's laws in general about women are his strangest; for he permitted any one to kill an adulterer that found him in the act; but if any one forced a free woman, a hundred drachmas was the fine; if he enticed her, twenty; except those that sell themselves openly, that is, harlots, who go openly to those that hire them. He made it unlawful to sell a daughter or a sister, unless, being yet unmarried, she was found wanton. Now it is irrational to punish the same crime sometimes very severely and without remorse, and sometimes very lightly, and, as it were, in sport, with a trivial fine; unless, there being little money then in Athens, scarcity made those mulcts the more grievous punishment. In the valuation for sacrifices, a sheep and a bushel were both estimated at a drachma; the victor in the Isthmian games was to have for reward a hundred drachmas; the conqueror in the Olympian, five hundred; he that brought a wolf, five drachmas; for a whelp, one; the former sum, as Demetrius the Phalerian asserts, was the value of an ox, the latter, of a sheep. The prices which Solon, in his sixteenth table, sets on choice victims, were naturally far greater; yet they, too, are very low in comparison of the present. The Athenians were, from the beginning, great enemies to wolves, their fields being better for pasture than corn. Some affirm their tribes did not take their names from the sons of Ion, but from the different sorts of occupation that they followed; the soldiers were called Hoplitae, the craftsmen Ergades, and, of the remaining two, the farmers Gedeontes, and the shepherds and graziers Aegicores.

Since the country has but few rivers, lakes, or large springs, and many used wells which they had dug, there was a law made, that, where there was a public well within a hippicon, that is, four furlongs, all should draw at that; but, when it was farther off, they should try and procure a well of their own; and, if they had dug ten fathom deep and could find no water, they had liberty to fetch a pitcherful of four gallons and a half in a day from their neighbors'; for he thought it prudent to make provision against want, but not to supply laziness. He showed skill in his orders about planting, for any one that would plant another tree was not to set it within five feet of his neighbor's field; but if a fig or an olive, not within nine; for their roots spread farther, nor can they be planted near all sorts of trees without damage, for they draw away the nourishment, and in some cases are noxious by their effluvia. He that would dig a pit or a ditch was to dig it at the distance of its own depth from his neighbor's ground; and he that would raise stocks of bees was not to place them within three hundred feet of those which another had already raised.

He permitted only oil to be exported, and those that exported any other fruit, the archon was solemnly to curse, or else pay an hundred drachmas himself; and this law was written in his first table, and, therefore, let none think it incredible, as some affirm, that the exportation of figs was once unlawful, and the informer against the delinquents called a sycophant. He made a law, also, concerning hurts and injuries from beasts, in which he commands the master of any dog that bit a man to deliver him up with a log about his neck, four and a half feet long; a happy device for men's security. The law concerning naturalizing strangers is of doubtful character; he permitted only those to be made free of Athens who were in perpetual exile from their own country, or came with their whole family to trade there; this he did, not to discourage strangers, but rather to invite them to a permanent participation in the privileges of the government; and, besides, he thought those would prove the more faithful citizens who had been forced from their own country, or voluntarily forsook it. The law of public entertainment (parasitein is his name for it) is, also, peculiarly Solon's, for if any man came often, or if he that was invited refused, they were punished, for he concluded that one was greedy, the other a contemner of the state.

All his laws he established for an hundred years, and wrote them on wooden tables or rollers, named axones, which might be turned round in oblong cases; some of their relics were in my time still to be seen in the Prytaneum, or common hall, at Athens. These, as Aristotle states, were called cyrbes, and there is a passage of Cratinus the comedian,

By Solon, and by Draco, if you please, Whose Cyrbes make the fires that parch our peas.

But some say those are properly cyrbes, which contain laws concerning sacrifices and the rites of religion, and all the others axones. The council all jointly swore to confirm the laws, and every one of the Thesmothetae vowed for himself at the stone in the marketplace, that, if he broke any of the statutes, he would dedicate a golden statue, as big as himself, at Delphi.

Observing the irregularity of the months, and that the moon does not always rise and set with the sun, but often in the same day overtakes and gets before him, he ordered the day should be named the Old and New, attributing that part of it which was before the conjunction to the old moon, and the rest to the new, he being the first, it seems, that understood that verse of Homer,

The end and the beginning of the month,

and the following day he called the new moon. After the twentieth he did not count by addition, but, like the moon itself in its wane, by subtraction; thus up to the thirtieth.

Now when these laws were enacted, and some came to Solon every day, to commend or dispraise them, and to advise, if possible, to leave out, or put in something, and many criticized, and desired him to explain, and tell the meaning of such and such a passage, he, knowing that to do it was useless, and not to do it would get him ill-will, and desirous to bring himself out of all straits, and to escape all displeasure and exceptions, it being a hard thing, as he himself says,

In great affairs to satisfy all sides,