The Lives of the Noble Grecians & Romans, Volume I

  Then the wisest of the Athenians, perceiving Solon was of all men the only one not implicated in the troubles, that he had not joined in the exactions of the rich, and was not involved in the necessities of the poor, pressed him to succour the commonwealth and compose the differences. Though Phanias the Lesbian affirms, that Solon, to save his country, put a trick upon both parties, and privately promised the poor a division of the lands, and the rich security for their debts. Solon, however, himself says, that it was reluctantly at first that he engaged in state affairs, being afraid of the pride of one party and the greediness of the other; he was chosen archon, however, after Philombrotus, and empowered to be an arbitrator and law-giver; the rich consenting because he was wealthy, the poor because he was honest. There was a saying of his current before the election, that when things are even there never can be war, and this pleased both parties, the wealthy and the poor; the one conceiving him to mean, when all have their fair proportion; the others, when all are absolutely equal. Thus, there being great hopes on both sides, the chief men pressed Solon to take the government into his own hands, and, when he was once settled, manage the business freely and according to his pleasure; and many of the commons, perceiving it would be a difficult change to be effected by law and reason, were willing to have one wise and just man set over the affairs; and some say that Solon had this oracle from Apollo—

  “Take the mid-seat, and be the vessel’s guide;

  Many in Athens are upon your side.”

  But chiefly his familiar friends chid him for disaffecting monarchy only because of the name, as if the virtue of the ruler could not make it a lawful form; Eubœa had made this experiment when it chose Tynnondas, and Mitylene, which had made Pittacus its prince; yet this could not shake Solon’s resolution; but, as they say, he replied to his friends, that it was true a tyranny was a very fair spot, but it had no way down from it; and in a copy of verses to Phocus he writes—

  “that I spared my land,

  And withheld from usurpation and from violence my hand,

  And forbore to fix a stain and a disgrace on my good name,

  I regret not; I believe that it will be my chiefest fame.”

  From which it is manifest that he was a man of great reputation before he gave his laws. The several mocks that were put upon him for refusing the power, he records in these words:—

  “Solon surely was a dreamer, and a man of simple mind;

  When the gods would give him fortune, he of his own will declined;

  When the net was full of fishes, over-heavy thinking it,

  He declined to haul it up, through want of heart and want of wit.

  Had but I that chance of riches and of kingship, for one day,

  I would give my skin for flaying, and my house to die away.”

  Thus he makes the many and the low people speak of him. Yet, though he refused the government, he was not too mild in the affair; he did not show himself mean and submissive to the powerful, nor make his laws to pleasure those that chose him. For where it was well before, he applied no remedy, nor altered anything, for fear lest—

  “Overthrowing altogether and disordering the state,”

  he should be too weak to new-model and recompose it to a tolerable condition; but what he thought he could effect by persuasion upon the pliable, and by force upon the stubborn, this he did, as he himself says—

  “With force and justice working both in one.”

  And, therefore, when he was afterwards asked if he had left the Athenians the best laws that could be given, he replied, “The best they could receive.” The way which, the moderns say, the Athenians have of softening the badness of a thing, by ingeniously giving it some pretty and innocent appellation, calling harlots, for example, mistresses, tributes customs, a garrison a guard, and the jail the chamber, seem originally to have been Solon’s contrivance, who called cancelling debts Seisacthea, a relief, or disencumbrance. For the first thing which he settled was, that what debts remained should be forgiven, and no man, for the future, should engage the body of his debtor for security. Though some, as Androtion, affirm that the debts were not cancelled, but the interest only lessened, which sufficiently pleased the people; so that they named this benefit the Seisacthea, together with the enlarging of their measures, and raising the value of their money; for he made a pound, which before passed for seventy-three drachmas, go for a hundred; so that, though the number of pieces in the payment was equal, the value was less; which proved a considerable benefit to those that were to discharge great debts, and no loss to the creditors. But most agree that it was the taking off the debts that was called Seisacthea, which is confirmed by some places in his poem, where he takes honour to himself, that—

  “The mortgage-stones that covered her, by me

  Removed,—the land that was a slave is free;”

  that some who had been seized for their debts he had brought back from other countries, where—

  “—so far their lot to roam,

  They had forgot the language of their home;”

  and some he had set at liberty—

  “Who here in shameful servitude were held.”

  While he was designing this, a most vexatious thing happened; for when he had resolved to take off the debts, and was considering the proper form and fit beginning for it, he told some of his friends, Conon, Clinias, and Hipponicus, in whom he had a great deal of confidence, that he would not meddle with the lands, but only free the people from their debts; upon which they, using their advantage, made haste and borrowed some considerable sums of money, and purchased some large farms; and when the law was enacted, they kept the possessions, and would not return the money; which brought Solon into great suspicion and dislike, as if he himself had not been abused, but was concerned in the contrivance. But he presently stopped this suspicion, by releasing his debtors of five talents (for he had lent so much), according to the law; others, as Polyzelus the Rhodian, say fifteen; his friends, however, were ever afterward called Chreocopidæ, repudiators.

  In this he pleased neither party, for the rich were angry for their money, and the poor that the land was not divided, and, as Lycurgus ordered in his commonwealth, all men reduced to equality. He, it is true, being the eleventh from Hercules, and having reigned many years in Lacedæmon, had got a great reputation and friends and power, which he could use in modelling his state; and applying force more than persuasion, insomuch that he lost his eye in the scuffle, was able to employ the most effectual means for the safety and harmony of a state, by not permitting any to be poor or rich in his commonwealth. Solon could not rise to that in his polity, being but a citizen of the middle classes; yet he acted fully up to the height of his power, having nothing but the good-will and good opinion of his citizens to rely on; and that he offended the most part, who looked for another result, he declares in the words—

  “Formerly they boasted of me vainly; with averted eyes

  Now they look askance upon me; friends no more, but enemies.”

  And yet had any other man, he says, received the same power—

  “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 punishment too great; for death was appointed for almost all offences, 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 offences, 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 fruit, 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 Zeugitæ, 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 archon’s cognisance, 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 honour 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 equalisation 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 his law, for, being asked what city was best modelled, “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 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 Ephetæ; 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, Ephetæ, 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 offences as belong to the cognisance of the Areopagites, Ephetæ, 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 honour 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 find 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 wa
ilings, 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 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,”