Part 17

XX. The strangest of his remaining laws is that which declared disfranchised a citizen who in a party conflict took neither side; apparently his object was to prevent any one regarding home politics in a listless, uninterested fashion, securing his own personal property, and priding himself upon exemption from the misfortunes of his country, and to encourage men boldly to attach themselves to the right party and to share all its dangers, rather than in safety to watch and see which side would be successful. That also is a strange and even ludicrous provision in one of his laws, which permits an heiress, whose husband proves impotent, to avail herself of the services of the next of kin to obtain an heir to her estate. Some, however, say that this law rightly serves men who know themselves to be unfit for marriage, and who nevertheless marry heiresses for their money, and try to make the laws override nature; for, when they see their wife having intercourse with whom she pleases, they will either break off the marriage, or live in constant shame, and so pay the penalty of their avarice and wrong-doing. It is a good provision also, that the heiress may not converse with any one, but only with him whom she may choose from among her husband's relations, so that her offspring may be all in the family. This is pointed at by his ordinance that the bride and bridegroom should be shut in the same room and eat a quince together, and that the husband of an heiress should approach her at least thrice in each month. For even if no children are born, still this is a mark of respect to a good wife, and puts an end to many misunderstandings, preventing their leading to an actual quarrel.

In other marriages he suppressed dowries, and ordered the bride to bring to her husband three dresses and a few articles of furniture of no great value; for he did not wish marriages to be treated as money bargains or means of gain, but that men and women should enter into marriage for love and happiness and procreation of children. Dionysius, the despot of Syracuse, when his mother wished to be married to a young citizen, told her that he had indeed broken the laws of the state when he seized the throne, but that he could not disregard the laws of nature so far as to countenance such a monstrous union. These disproportioned matches ought not to be permitted in any state, nor should men be allowed to form unequal loveless alliances, which are in no sense true marriages. A magistrate or lawgiver might well address an old man who marries a young girl in the words of Sophokles: "Poor wretch, a hopeful bridegroom you will be;" and if he found a young man fattening like a partridge in the house of a rich old woman, he ought to transfer him to some young maiden who is without a husband. So much for this subject.

XXI. Besides these, Solon's law which forbids men to speak evil of the dead is much praised. It is good to think of the departed as sacred, and it is only just to refrain from attacking the absent, while it is politic, also, to prevent hatred from being eternal. He also forbade people to speak evil of the living in temples, courts of justice, public buildings, or during the national games; and imposed a fine of three drachmas to the person offended, and two to the state. His reason for this was that it shows a violent and uncultivated nature not to be able to restrain one's passion in certain places and at certain times, although it is hard to do so always, and to some persons impossible; and a legislator should frame his laws with a view to what he can reasonably hope to effect, and rather correct a few persons usefully than punish a number to no purpose.

He gained credit also by his law about wills. Before his time these were not permitted at Athens, but the money and lands of a deceased person were inherited by his family in all cases. Solon, however, permitted any one who had no children to leave his property to whom he would, honouring friendship more than nearness of kin, and giving a man absolute power to dispose of his inheritance. Yet, on the other hand, he did not permit legacies to be given without any restrictions, but disallowed all that were obtained by the effects of disease or by administration of drugs to the testator, or by imprisonment and violence, or by the solicitations of his wife, as he rightly considered that to be persuaded by one's wife against one's better judgment is the same as to submit to force. For Solon held that a man's reason was perverted by deceit as much as by violence, and by pleasure no less than by pain.

He regulated, moreover, the journeys of the women, and their mournings and festivals. A woman was not allowed to travel with more than three dresses, nor with more than an obolus' worth of food or drink, nor a basket more than a cubit in length; nor was she to travel at night, except in a waggon with a light carried in front of it. He abolished the habits of tearing themselves at funerals, and of reciting set forms of dirges, and of hiring mourners. He also forbade them to sacrifice an ox for the funeral feast, and to bury more than three garments with the body, and to visit other persons' graves. Most of these things are forbidden by our own laws also; with the addition, that by our laws those who offend thus are fined by the gynaeconomi, or regulators of the women, for giving way to unmanly and womanish sorrow.

XXII. Observing that the city was filled with men who came from all countries to take refuge in Attica, that the country was for the most part poor and unproductive, and that merchants also are unwilling to despatch cargoes to a country which has nothing to export, he encouraged his countrymen to embark in trade, and made a law that a son was not obliged to support his father, if his father had not taught him a trade. As for Lykurgus, whose city was clear of strangers, and whose land was "unstinted, and with room for twice the number," as Euripides says, and who above all had all the Helots, throughout Lacedaemon, who were best kept employed, in order to break their spirit by labour and hardship, it was very well that his citizens should disdain laborious handicrafts and devote their whole attention to the art of war.

But Solon had not the power to change the whole life of his countrymen by his laws, but rather was forced to suit his laws to existing circumstances, and, as he saw that the soil was so poor that it could only suffice for the farmers, and was unable to feed a mass of idle people as well, he gave great honour to trade, and gave powers to the senate of the Areopagus to inquire what each man's source of income might be, and to punish the idle. A harsher measure was that of which we are told by Herakleides of Pontus, his making it unnecessary for illegitimate children to maintain their father. Yet if a man abstains from an honourable marriage, and lives with a woman more for his own pleasure in her society than with a view to producing a family, he is rightly served, and cannot upbraid his children with neglecting him, because he has made their birth their reproach.

XXIII. Altogether Solon's laws concerning women are very strange. He permitted a husband to kill an adulterer taken in the act; but if any one carried off a free woman and forced her, he assessed the penalty at one hundred drachmas. If he obtained her favours by persuasion, he was to pay twenty drachmas, except in the case of those who openly ply for hire, alluding to harlots; for they come to those who offer them money without any concealment. Moreover, he forbade men to sell their sisters and daughters, except in the case of unchastity. Now to punish the same offence at one time with unrelenting severity, and at another in a light and trifling manner, by imposing so slight a fine, is unreasonable, unless the scarcity of specie in the city at that period made fines which were paid in money more valuable than they would now be; indeed, in the valuation of things for sacrifice, a sheep and a drachma were reckoned as each equal to a medimnus of corn. To the victor at the Isthmian games he appointed a reward of a hundred drachmas, and to the victor in the Olympian, five hundred. He gave five drachmas for every wolf that was killed, and one drachma for every wolf's whelp; and we are told by Demetrius of Phalerum that the first of these sums was the price of an ox, and the second that of a sheep. The prices of choice victims, which he settled in his sixteenth tablet of laws, would naturally be higher than those of ordinary beasts, but even thus they are cheap compared with prices at the present day. It was an ancient practice among the Athenians to destroy the wolves, because their country was better fitted for pasture than for growing crops. Some say that the Athenian tribes derive their names, not from the sons of Ion, but from the different professions in which men were then divided: thus the fighting men were named Hoplites, and the tradesmen Ergadeis; the two remaining ones being the Geleontes, or farmers, and the Aigikoreis, or goat-herds and graziers. With regard to water, as the country is not supplied with either rivers or lakes, but the people depend chiefly upon artificial wells, he made a law, that wherever there was a public well within four furlongs, people should use it, but if it were farther off, then they must dig a private well for themselves; but if a man dug a depth of sixty feet on his own estate without finding water, then he was to have the right of filling a six-gallon pitcher twice a day at his neighbour's well; for Solon thought it right to help the distressed, and yet not to encourage laziness. He also made very judicious regulations about planting trees, ordering that they should not be planted within five feet of a neighbour's property, except in the case of olives and fig-trees, which were not to be planted within nine feet; for these trees spread out their roots farther than others, and spoil the growth of any others by taking away their nourishment and by giving off hurtful juices. Trenches and pits he ordered to be dug as far away from another man's property as they were deep; and no hive of bees was to be placed within three hundred feet of those already established by another man.

XXIV. Oil was the only product of the country which he allowed to be exported, everything else being forbidden; and he ordered that if any one broke this law the archon was to solemnly curse him, unless he paid a hundred drachmas into the public treasury. This law is written on the first of his tablets. From this we see that the old story is not altogether incredible, that the export of figs was forbidden, and that the men who informed against those who had done so were therefore called sycophants. He also made laws about damage received from animals, one of which was that a dog who had bitten a man should be delivered up to him tied to a stick three cubits long, an ingenious device for safety.

One is astounded at his law of adopting foreigners into the state, which permits no one to become a full citizen in Athens unless he be either exiled for life from his native city, or transfers himself with his whole family to Athens to practise his trade there. It is said that his object in this was not so much to exclude other classes of people from the city, as to assure these of a safe refuge there; and these he thought would be good and faithful citizens, because the former had been banished from their own country, and the latter had abandoned it of their own freewill. Another peculiarity of Solon's laws was the public dining-table in the prytaneum. Here he did not allow the same person to dine often, while he punished the man who was invited and would not come, because the one seemed gluttonous, and the other contemptuous.

XXV. He ordered that all his laws should remain in force for a hundred years, and he wrote them upon triangular wooden tablets, which revolved upon an axis in oblong recesses, some small remains of which have been preserved in the prytaneum down to the present day. These, we are told by Aristotle, were called Kurbeis. The comic poet Kratinus also says,

"By Solon and by Draco, mighty legislators once, Whose tablets light the fire now to warm a dish of pulse."

Some say that the term Kurbeis is only applied to those on which are written the laws which regulate religious matters.

The senate swore by a collective oath that it would enforce Solon's laws; and each of the Thesmothetae took an oath to the same effect at the altar in the market-place, protesting that, if he transgressed any of the laws, he would offer a golden statue as big as himself to the temple at Delphi.

Observing the irregularity of the months, and that the motions of the moon did not accord either with the rising or setting of the sun, but that frequently she in the same day overtakes and passes by him, he ordered that day to be called "the old and the new," and that the part of it before their conjunction should belong to the old month, while the rest of the day after it belonged to the new one, being, it seems, the first to rightly interpret the verse of Homer--

"The old month ended and the new began."

He called the next day that of the new moon. After the twentieth, he no longer reckoned forwards, but backwards, as the moon decreased, until the thirtieth of the month.

When Solon had passed all his laws, as people came to him every day to praise or blame, or advise him to add or take away from what he had written, while innumerable people wanted to ask questions, and discuss points, and kept bidding him explain what was the object of this or that regulation, he, feeling that he could not do all this, and that, if he did not, his motives would be misunderstood; wishing, moreover, to escape from troubles and the criticism and fault-finding of his countrymen [for, as he himself writes, it is "Hard in great measures every one to please"], made his private commercial business an excuse for leaving the country, and set sail after having obtained from the Athenians leave of absence for ten years. In this time he thought they would become used to his laws.

XXVI. He first went to Egypt, where he spent some time, as he himself says,

"At Nilus' outlets, by Canopus' strand."

And he also discussed points of philosophy with Psenophis of Heliopolis, and with Sonchis of Sais, the most distinguished of the Egyptian priests. From them he heard the tale of the island Atlantis, as we are told by Plato, and endeavoured to translate it into a poetical form for the enjoyment of his countrymen. He next sailed to Cyprus, where he was warmly received by Philocyprus, one of the local sovereigns, who ruled over a small city founded by Demophon, the son of Theseus, near the river Klarius, in a position which was easily defended, but inconvenient.

As a fair plain lay below, Solon persuaded him to remove the city to a pleasanter and less contracted site, and himself personally superintended the building of the new city, which he arranged so well both for convenience and safety, that many new settlers joined Philocyprus, and he was envied by the neighbouring kings. For this reason, in honour of Solon, he named the new city Soloi, the name of the old one having been Aipeia. Solon himself mentions this event, in one of his elegiac poems, in which he addresses Philocyprus, saying--

"Long may'st thou reign, Ruling thy race from Soloi's throne with glory, But me may Venus of the violet crown Send safe away from Cyprus famed in story. May Heaven to these new walls propitious prove, And bear me safely to the land I love."

XXVII. Some writers argue, on chronological grounds, that Solon's meeting with Croesus must have been an invention. But I cannot think that so famous a story, which is confirmed by so many writers, and, moreover, which so truly exhibits Solon's greatness of mind and wisdom, ought to be given up because of the so-called rules of chronology, which have been discussed by innumerable persons, up to the present day, without their being ever able to make their dates agree. The story goes that Solon at Croesus's desire came to Sardis, and there felt much like a continental when he goes down to the seaside for the first time; for he thinks each river he comes to must be the sea, and so Solon, as he walked through the court and saw many of the courtiers richly attired and each of them swaggering about with a train of attendants and body-guards, thought that each one must be the king, until he was brought before the king himself, who, as far as precious stones, richly dyed clothes, and cunningly worked gold could adorn him, was splendid and admirable, indeed a grand and gorgeous spectacle to behold. When Solon was brought into his presence, he showed none of the feelings and made none of the remarks about the sight, which Croesus expected, but evidently despised such vulgar ostentation. Croesus then ordered his treasures to be exhibited to him, and all the rest of his possessions and valuables; not that Solon needed this, for the sight of Croesus himself was enough to show him what sort of man he was. When, after having seen all this, he was again brought before the king, Croesus asked him whether he knew any man more happy than himself. Solon at once answered that one Tellus, a fellow countryman of his own, was more happy. He explained that Tellus was a good man, and left a family of good sons; that he passed his life beyond the reach of want, and died gloriously in battle for his country. At this, Croesus began to think that Solon must be a cross-grained churlish fellow, if he did not measure happiness by silver and gold, but preferred the life and death of some private man of low degree to such power and empire as his. However, he asked him a second time, whether he knew any one more happy than himself, next to Tellus. Solon answered that he knew two men, Kleobis and Biton, remarkable for their love for each other and for their mother, who, as the oxen that drew their mother travelled slowly, put themselves under the yoke and drew the carriage with her in it to the temple of Here. She was congratulated by all the citizens, and was very proud of them; and they offered sacrifice, drank some wine, and then passed away by a painless death after so much glory.

"Then," asked Croesus angrily, "do you not reckon me at all among happy men?" Solon, who did not wish to flatter him, nor yet to exasperate him farther, answered, "O King of the Lydians, we Greeks have been endowed with moderate gifts, by Heaven, and our wisdom is of a cautious and homely cast, not of a royal and magnificent character; so, being moderate itself, and seeing the manifold chances to which life is exposed, it does not permit us to take a pride in our present possessions, nor to admire the good fortune of any man when it is liable to change. Strange things await every man in the unknown future; and we think that man alone happy whose life has been brought to a fortunate termination. To congratulate a man who is yet alive and exposed to the caprice of fortune is like proclaiming and crowning as victor one who has not yet run his race, for his good fortune is uncertain and liable to reversal." After speaking thus, Solon took his leave, having enraged Croesus, who could not take his good advice.

XXVIII. Aesop, the writer of the fables, who had been sent for to Sardis by Croesus and enjoyed his favour, was vexed at the king's ungracious reception of Solon, and advised him thus: "Solon," said he, "one ought either to say very little to kings or else say what they wish most to hear." "Not so," said Solon; "one should either say very little to them, or else say what is best for them to hear." So at that time Croesus despised Solon; but after he had been defeated by Cyrus, his city taken, and he himself was about to be burned alive upon a pyre erected in the presence of all the Persians and of Cyrus himself, then he thrice cried out, "Solon," as loud as he could. Cyrus, surprised at this, sent to ask what man or god Solon might be, who was invoked by a man in such extremity. Croesus, without any concealment said, "He is one of the wise men of Greece, whom I sent for, not because I wished to listen to him and learn what I was ignorant of, but in order that he might see and tell of my wealth, which I find it is a greater misfortune to lose than it was a blessing to possess. For, while I possessed it, all I enjoyed was opinion and empty talk; whereas, now the loss of it has brought me in very deed into terrible and irreparable misfortunes and sufferings. Now this man, who foresaw what might befall me, bade me look to the end of my life, and not be arrogant on the strength of a fleeting prosperity."

When this was reported to Cyrus, he being a wiser man than Croesus, and finding Solon's words strongly borne out by the example before him, not only released Croesus, but treated him with favour for the rest of his life; so that Solon had the glory of having by the same words saved one king's life and given instruction to another.

XXIX. During Solon's absence the strife of the factions at Athens was renewed; Lykurgus was the chief of the party of the Pediaei, Megakles, the son of Alkmaeon, led the Parali, and Peisistratus, the Diakrii, who were joined by the mass of the poorer classes who hated the rich. Thus the city still obeyed Solon's laws, but was longing for change, and all men hoped for a new revolution, in which they trusted to get not only their rights, but something more, and to triumph over the opposite faction. In this state of affairs Solon landed at Athens, and was received with respect by all the citizens. Although, on account of his age, he was no longer able to engage in politics as keenly as before, still he met the leaders of the various factions privately and endeavoured to arrange their differences and reconcile them to one another. Peisistratus appeared to pay more attention to him than the others, for he was crafty and pleasant of speech, a protector of the poor, and a man of moderation even in his quarrels. The qualities which he had not, he affected to possess, giving himself out to be a cautious and law-abiding man, who loved even-handed justice and was enraged at any revolutionary proceedings. Thus he deceived the people; but Solon soon saw through him, and detected his plans before any one else. He was not shocked, but endeavoured to turn him from his purpose by advice, saying to him and to others that if his desire to be first and his wish to make himself master could be removed, there would be no more excellent and virtuous citizen than Peisistratus.