Part 16

XV. This is the way in which he says the masses, and low-minded men, spoke of him. He, however, firmly rejecting the throne, proceeded quietly to administer public affairs, in laying down his laws without any weak yielding to the powerful, or any attempt to court popularity. Such as were good, he did not meddle with, fearing that if he

"Disturbed and overset the state,"

he might not have sufficient power to

"Reconstitute and organise again,"

in the best way. He carried out his measures by persuasion, and, where he thought he could succeed, by force; in his own words,

"Combining Force and Justice both together."

Being afterwards asked whether he had composed the best possible laws for the Athenians, he answered, "The best that they would endure." And the habit of Athenians of later times, who soften down harsh words by using politer equivalents, calling harlots "mistresses," taxes "contributions," garrisons of cities "protectors," and the common prison "the house," was, it seems, first invented by Solon, who devised the name of "relief from burdens" for his measure to abolish all debts.

This was his first measure; namely, to put an end to all existing debts and obligations, and to forbid any one in future to lend money upon security of the person of the debtor. Some writers, among whom is Androtion, say that he benefited the poor, not by the absolute extinction of debt, but by establishing a lower rate of interest; and that this measure was called "Relief from burdens," and together with it the two other measures for the enlargement of measures and of the value of money, which were passed about the same time. For he ordered a mina, which was before constituted of seventy three drachmas, to contain a hundred, so that, though they paid the same amount, yet the value was less; thus those who had much to pay were benefited, and still their creditors were not cheated. But most writers say that the "Relief from burdens" meant the extinction of all securities whatever, and this agrees best with what we read in his poems. For Solon prides himself in these upon having

"Taken off the mortgages, which on the land were laid, And made the country free, which was formerly enslaved."

While he speaks of bringing back Athenian citizens who had been sold into slavery abroad,

"In distant lands who roam, Their native tongue forgot, Or here endure at home A slave's disgraceful lot,"

and of making them free men again.

It is said that in consequence of this measure he met with the greatest trouble of his life. As he was meditating how he might put an end to debt, and what words and preambles were best for the introduction of this law, he took counsel with his most intimate friends, such as Konon and Kleinias and Hipponikus, informing them that he had no intention of interfering with the tenure of land, but that he intended to abolishing all existing securities. They instantly took time by the forelock, borrowed large sums from the wealthy, and bought up a great extent of land. Presently the decree came forth, and they remained in enjoyment of these estates, but did not repay their loan to their creditors. This brought Solon into great discredit, for the people believed that he had been their accomplice. But he soon proved that this must be false, by remitting a debt of five talents which he himself had lent; and some state the sum at fifteen talents, amongst whom is Polyzelus of Rhodes. However, his friends were for ever afterwards called "The Swindlers."

XVI. By this measure he pleased neither party, but the rich were dissatisfied at the loss of their securities, and the poor were still more so because the land was not divided afresh, as they hoped it would be, and because he had not, like Lykurgus, established absolute equality.

But Lykurgus was eleventh in direct descent from Herakles, and had reigned in Lacedaemon for many years, and had his own great reputation, friends, and interest to assist him in carrying out his reforms: and although he chose to effect his purpose by violence, so that his eye was actually knocked out, yet he succeeded in carrying that measure, so valuable for the safety and concord of the state, by which it was rendered impossible for any citizen to be either rich or poor. Solon's power could not reach this height, as he was only a commoner and a moderate man; yet he did all that was in his power, relying solely upon the confidence and goodwill of his countrymen.

It is clear that they were disappointed, and expected more from his legislation, from his own verses--

"Once they speculated gaily, what good luck should them befall, Now they look upon me coldly, as a traitor to them all."

Yet he says, if any one else had been in his position,

"He ne'er would have desisted from unsettling the laws, Till he himself got all the cream."

However, not long afterwards, they perceived the public benefits which he had conferred upon them, forgot their private grievances, and made a public sacrifice in honour of the Seisachtheia, or "Relief from burdens." Moreover, they constituted Solon supreme reformer and lawgiver, not over some departments only, but placing everything alike in his hands; magistracies, public assemblies, senate, and law-courts. He had full powers to confirm or abolish any of these, and to fix the proper qualifications for members of them, and their numbers and times of meeting.

XVII. First of all, then, he repealed all the laws of Drakon, except those relating to murder, because of their harshness and the excessive punishments which they awarded. For death was the punishment for almost every offence, so that even men convicted of idleness were executed, and those who stole pot-herbs or fruits suffered just like sacrilegious robbers and murderers. So that Demades afterwards made the joke that Drakon's laws were not written with ink, but with blood. It is said that Drakon himself, when asked why he had fixed the punishment of death for most offences, answered that he considered these lesser crimes to deserve it, and he had no greater punishment for more important ones.

XVIII. In the next place, Solon, who wished to leave all magistracies as he found them, in the hands of the wealthy classes, but to give the people a share in the rest of the constitution, from which they were then excluded, took a census of the wealth of the citizens, and made a first class of those who had an annual income of not less than five hundred medimni of dry or liquid produce; these he called Pentakosiomedimni. The next class were the Hippeis, or knights, consisting of those who were able to keep a horse, or who had an income of three hundred medimni. The third class were the Zeugitae, whose property qualification was two hundred medimni of dry or liquid produce; and the last class were the Thetes, whom Solon did not permit to be magistrates, but whose only political privilege was the right of attending the public assemblies and sitting as jurymen in the law courts. This privilege was at first insignificant, but afterwards became of infinite importance, because most disputes were settled before a jury. Even in those cases which he allowed the magistrates to settle, he provided a final appeal to the people.

Solon moreover is said to have purposely worded his laws vaguely and with several interpretations, in order to increase the powers of these juries, because persons who could not settle their disputes by the letter of the law were obliged to have recourse to juries of the people, and to refer all disputes to them, as being to a certain extent above the laws. He himself notices this in the following verses:

"I gave the people all the strength they needed, Yet kept the power of the nobles strong; Thus each from other's violence I shielded, Not letting either do the other wrong."

Thinking that the weakness of the populace required still further protection, he permitted any man to prosecute on behalf of any other who might be ill-treated. Thus if a man were struck or injured, any one else who was able and willing might prosecute on his behalf, and the lawgiver by this means endeavoured to make the whole body of citizens act together and feel as one. A saying of his is recorded which quite agrees with the spirit of this law. Being asked, what he thought was the best managed city? "That," he answered, "in which those who are not wronged espouse the cause of those who are, and punish their oppressors."

XIX. He established the senate of the Areopagus of those who had held the yearly office of archon, and himself became a member of it because he had been archon. But in addition to this, observing that the people were becoming turbulent and unruly, in consequence of their relief from debt, he formed a second senate, consisting of a hundred men selected from each of the four tribes, to deliberate on measures in the first instance, and he permitted no measures to be proposed before the general assembly, which had not been previously discussed in this senate. The upper senate he intended to exercise a general supervision, and to maintain the laws, and he thought that with these two senates as her anchors, the ship of the state would ride more securely, and that the people would be less inclined to disorder. Most writers say that Solon constituted the senate of the Areopagus, as is related above; and this view is supported by the fact that Drakon nowhere mentions or names the Areopagites, but in all cases of murder refers to the Ephetai. However, the eighth law on the thirteenth table of the laws of Solon runs thus:--

"All citizens who were disfranchised before the magistracy of Solon shall resume their rights, except those who have been condemned by the Areopagus, or by the Ephetai, or by the king--archons, in the prytaneum, for murder or manslaughter, or attempts to overthrow the government and who were in exile when this law was made."

This again proves that the senate of the Areopagus existed before the time of Solon; for who could those persons be who were condemned by the court of the Areopagus, if Solon was the first who gave the senate of the Areopagus a criminal jurisdiction; though perhaps some words have been left out, or indistinctly written, and the law means "all those who had been condemned on the charges which now are judged by the court of the Areopagus, the Ephetai, or the Prytanies, when this law was made, must remain disfranchised, though the others become enfranchised?" Of these explanations the reader himself must consider which he prefers.