CHAPTER XII. SOLON THE LAWGIVER

[Sidenote: [594-593 B.C.]]

It is on the occasion of Solon’s legislation that we obtain our first

glimpse--only a glimpse, unfortunately--of the actual state of Attica

and its inhabitants. It is a sad and repulsive picture, presenting to us

political discord and private suffering combined.

Violent dissensions prevailed among the inhabitants of Attica, who were

separated into three factions--the _pedicis_, or men of the plain,

comprising Athens, Eleusis, and the neighbouring territory, among whom

the greatest number of rich families were included; the mountaineers in

the east and north of Attica, called _diacrii_, who were on the whole the

poorest party; and the _paralii_ in the southern portion of Attica from

sea to sea, whose means and social position were intermediate between the

two. Upon what particular points these intestine disputes turned we are

not distinctly informed; they were not however peculiar to the period

immediately preceding the archontate of Solon; they had prevailed before,

and they reappear afterwards prior to the despotism of Pisistratus, the

latter standing forward as the leader of the _diacrii_, and as champion,

real or pretended, of the poorer population.

But in the time of Solon these intestine quarrels were aggravated by

something much more difficult to deal with--a general mutiny of the

poorer population against the rich, resulting from misery combined with

oppression. The Thetes, whose condition we have already contemplated in

the poems of Homer and Hesiod, are now presented to us as forming the

bulk of the population of Attica--the cultivating tenants, metayers, and

small proprietors of the country. They are exhibited as weighed down

by debts and dependence, and driven in large numbers out of a state of

freedom into slavery--the whole mass of them (we are told) being in debt

to the rich, who were proprietors of the greater part of the soil. They

had either borrowed money for their own necessities, or they tilled the

lands of the rich as dependent tenants, paying a stipulated portion of

the produce, and in this capacity they were largely in arrear.

All the calamitous effects were here seen of the old harsh law of debtor

and creditor,--once prevalent in Greece, Italy, Asia, and a large portion

of the world,--combined with the recognition of slavery as a legitimate

status, and of the right of one man to sell himself as well as that

of another man to buy him. Every debtor unable to fulfil his contract

was liable to be adjudged as the slave of his creditor until he could

find means either of paying or working it out; and not only he himself,

but his minor sons and unmarried daughters and sisters also, whom the

law gave him the power of selling. The poor man thus borrowed upon the

security of his body, to translate literally the Greek phrase, and upon

that of the persons in his family; and so severely had these oppressive

contracts been enforced, that many debtors had been reduced from freedom

to slavery in Attica itself, many others had been sold for exportation,

and some had only hitherto preserved their own freedom by selling their

children. Moreover, a great number of the smaller properties in Attica

were under mortgage, signified, according to the formality usual in the

Attic law, and continued down throughout the historical times, by a stone

pillar erected on the land, inscribed with the name of the lender and the

amount of the loan. The proprietors of these mortgaged lands, in case

of an unfavourable turn of events, had no other prospect except that of

irremediable slavery for themselves and their families, either in their

own native country, robbed of all its delights, or in some barbarian

region where the Attic accent would never meet their ears. Some had fled

the country to escape legal adjudication of their persons, and earned a

miserable subsistence in foreign parts by degrading occupations. Upon

several, too, this deplorable lot had fallen by unjust condemnation and

corrupt judges; the conduct of the rich, in regard to money sacred and

profane, in regard to matters public as well as private, being thoroughly

unprincipled and rapacious.

The manifold and long-continued suffering of the poor under this system,

plunged into a state of debasement not more tolerable than that of the

Gallic plebs--and the injustices of the rich in whom all political

power was then vested--are facts well attested by the poems of Solon

himself, even in the short fragments preserved to us, and it appears that

immediately preceding the time of his archonship, the evils had ripened

to such a point and the determination of the mass of sufferers, to extort

for themselves some mode of relief, had become so pronounced that the

existing laws could no longer be enforced. According to the profound

remark of Aristotle, that seditions are generated by great causes but

out of small incidents, we may conceive that some recent events had

occurred as immediate stimulants to the outbreak of the debtors--like

those which lend so striking an interest to the early Roman annals, as

the inflaming sparks of violent popular movements for which the train

had long before been laid. Condemnations by the archons of insolvent

debtors may have been unusually numerous, or the maltreatment of some

particular debtor, once a respected freeman, in his condition of slavery,

may have been brought to act vividly upon the public sympathies--like

the case of the old plebeian centurion at Rome (first impoverished by

the plunder of the enemy, then reduced to borrow, and lastly adjudged

to his creditor as an insolvent), who claimed the protection of the

people in the forum, rousing their feelings to the highest pitch by

the marks of the slave-whip visible on his person. Some such incidents

had probably happened, though we have no historians to recount them;

moreover it is not unreasonable to imagine, that that public mental

affliction which the purifier Epimenides had been invoked to appease, as

it sprung in part from pestilence, so it had its cause partly in years of

sterility, which must of course have aggravated the distress of the small

cultivators. However this may be, such was the condition of things in

594 B.C., through mutiny of the poor freemen and Thetes, and uneasiness

of the middling citizens, that the governing oligarchy, unable either to

enforce their private debts or to maintain their political power, were

obliged to invoke the well-known wisdom and integrity of Solon. Though

his vigorous protest (which doubtless rendered him acceptable to the mass

of the people) against the iniquity of the existing system, had already

been proclaimed in his poems, they still hoped that he would serve as

an auxiliary to help them over their difficulties, and they therefore

chose him, nominally as archon along with Philombrotus, but with power in

substance dictatorial.[b]

For the life of Solon we can do no better than turn to Plutarch, keeping

the very translation, by North, that Shakespeare read, but modernising

the spelling.

THE LIFE AND LAWS OF SOLON ACCORDING TO PLUTARCH

[Sidenote: [_ca._ 638-558 B.C.]]

He was of the noblest and most ancient house of the city of Athens.

For of his father’s side, he was descended of King Codrus: and for

his mother, Heraclides Ponticus writeth, she was cousin-german unto

Pisistratus’ mother. For this cause even from the beginning there was

great friendship between them, partly for their kindred, and partly also

for the courtesy and beauty of Pisistratus, with whom it is reported

Solon on a time was in love. But Solon’s father (as Hermippus writeth)

having spent his goods in liberality, and deeds of courtesy, though he

might easily have been relieved at divers men’s hands with money, he

was yet ashamed to take any, because he came of a house which was wont

rather to give and relieve others, than to take themselves: so being

yet a young man, he devised to trade merchandise. Howbeit others say,

that Solon travelled countries, rather to see the world, and to learn,

than to traffic, or gain. For sure he was very desirous of knowledge, as

appeareth manifestly: for that being now old, he commonly used to say

this verse:

“I grow old learning still.”

Also he was not covetously bent, nor loved riches too much: for he said

in one place:

“Whoso hath goods, and gold enough at call,

Great herds of beasts, and flocks in many a fold;

Both horse and mule, yea, store of corn and all

That may content each man above the mould:

No richer is, for all those heaps and hoards,

Than he which hath sufficiently to feed

And clothe his corpse with such as God affords.

But if his joy and chief delight do breed,

For to behold the fair and heavenly face

Of some sweet wife, which is adorned with grace:

Or else some child, of beauty fair and bright,

Then hath he cause (indeed) of deep delight.”

And in another place also he saith:

“Indeed I do desire some wealth to have at will:

But not unless the same be got by faithful dealing still.

For sure who so desires by wickedness to thrive,

Shall find that justice from such goods will justly him deprive.”

Solon learned to be lavish in expense, to fare delicately, and to speak

wantonly of pleasures in his poems, somewhat more licentiously than

became the gravity of a philosopher: only because he was brought up in

the trade of merchandise, wherein for that men are marvellous subject

to great losses and dangers, they seek other whiles good cheer to drive

these cares away, and liberty to make much of themselves. Poetry at the

beginning he used but for pleasure, and when he had leisure, writing no

matter of importance in his verses. Afterwards he set out many grave

matters of philosophy, and the most part of such things as he had

devised before, in the government of a commonweal, which he did not for

history or memory’s sake, but only of a pleasure to discourse: for he

showeth the reasons of that he did, and in some places he exhorteth,

chideth, and reproveth the Athenians. And some affirm also he went about

to write his laws and ordinances in verse, and do recite his preface,

which was this:

“Vouchsafe, O mighty Jove, of heaven and earth high king:

To grant good fortune to my laws and hests in everything.

And that their glory grow in such triumphant wise,

As may remain in fame for aye, which lives and never dies.”

[Sidenote: [594-590 B.C.]]

He chiefly delighted in moral philosophy, which treated of government and

commonweals: as the most part of the wise men did of those times. But for

natural philosophy, he was very gross and simple. So in effect there was

none but Thales alone of all the seven wise men of Greece, who searched

further the contemplation of things in common use among men, than he. For

setting him apart, all the others got the name of wisdom, only for their

understanding in matters of State and government. It is reported that

they met on a day all seven together in the city of Delphes, and another

time in the city of Corinth, where Periander got them together at a feast

that he made to the other six.

Anacharsis being arrived at Athens, went to knock at Solon’s gate,

saying that he was a stranger which came of purpose to see him, and to

desire his acquaintance and friendship. Solon answered him, that it was

better to seek friendship in his own country. Anacharsis replied again:

“Thou then that art at home, and in thine own country, begin to show me

friendship.” Then Solon wondering at his bold ready wit, entertained him

very courteously: and kept him a certain time in his house, and made

him very good cheer, at the self-same time wherein he was most busy in

governing the commonweal, and making laws for the state thereof. Which

when Anacharsis understood, he laughed at it, to see that Solon imagined

with written laws, to bridle men’s covetousness and injustice. “For

such laws,” said he, “do rightly resemble the spider’s cobwebs: because

they take hold of little flies and gnats which fall into them, but the

rich and mighty will break and run through them at their will.” Solon

answered him, that men do justly keep all covenants and bargains which

one makes with another, because it is to the hindrance of either party

to break them: and even so, he did so temper his laws, that he made his

citizens know, it was more for their profit to obey law and justice, than

to break it. Nevertheless afterwards, matters proved rather according

to Anacharsis’ comparison, than agreeable to the hope that Solon had

conceived. Anacharsis being by hap one day in a common assembly of the

people at Athens, said that he marvelled much, why in the consultations

and meetings of the Grecians, wise men propounded matters, and fools did

decide them.

The Athenians, having sustained a long and troublesome war against the

Megarians, for the possession of the isle of Salamis, were in the end

weary of it, and made proclamation straightly commanding upon pain of

death, that no man should presume to prefer any more to the counsel of

the city, the title or question of the possession of the isle of Salamis.

Solon could not bear this open shame, and seeing the most part of the

lustiest youths desirous still of war, though their tongues were tied for

fear of the proclamation; he feigned himself to be out of his wits, and

caused it to be given out that Solon was become a fool; and secretly he

had made certain lamentable verses, which he had conned without book, to

sing abroad the city. So one day he ran suddenly out of his house with a

garland on his head, and got him to the market-place, where the people

straight swarmed like bees about him: and getting him up upon the stone

where all proclamations are usually made out he singeth the elegies he

had made.

This elegy is entitled Salamis, and containeth an hundred verses, which

are excellently well written. And these being sung openly by Solon at

that time, his friends incontinently praised them beyond measure, and

especially Pisistratus: and they went about persuading the people that

were present, to credit that he spake. Hereupon the matter was so handled

amongst them, that by and by the proclamation was revoked, and they began

to follow the wars with greater fury than before, appointing Solon to be

general in the same.

But the common tale and report is, that he went by sea with Pisistratus

unto the temple of Venus, surnamed Colias: where he found all the women

at a solemn feast and sacrifice, which they made of custom to the

goddess. He taking occasion thereby, sent from thence a trusty man of

his own unto the Megarians, which then had Salamis: whom he instructed

to feign himself a revolted traitor, and that he came of purpose to

tell them, that if they would but go with him, they might take all the

chief ladies and gentlewomen of Athens on a sudden. The Megarians easily

believed him, and shipped forthwith certain soldiers to go with him.

But when Solon perceived the ship under sail coming from Salamis, he

commanded the women to depart, and instead of them he put lusty beardless

springalls into their apparel, and gave them little short daggers to

convey under their clothes, commanding them to play and dance together

upon the seaside, until their enemies were landed, and their ship at

anchor; and so it came to pass. For the Megarians being deceived by

that they saw afar off, as soon as ever they came to the shore side

did land in heaps, one in another’s neck, even for greediness, to take

these women: but not a man of them escaped, for they were slain every

mother’s son. This stratagem being finely handled, and to good effect,

the Athenians took sea straight, and coasted over to the isle of Salamis:

which they took upon the sudden, and won it without much resistance.

Others say that it was not taken after this sort: By order of the oracle,

Solon one night passed over to Salamis, and did sacrifice to Periphemus,

and to Cychreus, demi-gods of the country. Which done, the Athenians

delivered him five hundred men, who willingly offered themselves: and the

city made an accord with them: that if they took the isle of Salamis,

they should bear greatest authority in the commonweal. Solon embarked his

soldiers into divers fisher boats, and appointed a galliot of thirty oars

to come after him, and he anchored hard by the city of Salamis, under the

point which looketh towards the isle of Negropont. The Megarians which

were within Salamis, having by chance heard some inkling of it, but yet

knew nothing of certainty: ran presently in hurly-burly to arm them, and

manned out a ship to descry what it was. But they fondly coming within

danger, were taken by Solon, who clapped the Megarians under hatches fast

bound, and in their rooms put aboard in their ship the choicest soldiers

he had of the Athenians, commanding them to set their course direct upon

the city, and to keep themselves as close out of sight as could be.

And he himself with all the rest of his soldiers landed presently, and

marched to encounter with the Megarians, which were come out into the

field. Now whilst they were fighting together, Solon’s men whom he had

sent in the Megarians’ ship entered the haven and won the town. This is

certainly true, and testified by that which is showed yet at this day.

For to keep a memorial hereof, a ship of Athens arriveth quietly at the

first, and by and by those that are in the ship make a great shout, and

a man armed leaping out of the ship, runneth shouting towards the rock

called Sciradion, which is as they come from the firm land: and hard by

the same is the temple of Mars, which Solon built there after he had

overcome the Megarians in battle, from whence he sent back again those

prisoners that he had taken (which were saved from the slaughter of the

battle) without any ransom paying. Nevertheless, the Megarians were

sharply bent still, to recover Salamis again. Much hurt being done and

suffered on both sides: both parties in the end made the Lacedæmonians

judges of the quarrel.

Solon undoubtedly won great glory and honour by this exploit, yet was he

much more honoured and esteemed, for the oration he made in defence of

the temple of Apollo, in the city of Delphes: declaring that it was not

meet to be suffered, that the Cyrrhæans should at their pleasure abuse

the sanctuary of the oracle, and that they should aid the Delphians in

honour and reverence of Apollo. Whereupon the counsel of the Amphictyons,

being moved with his words and persuasions, proclaimed wars against the

Cyrrhæans.

Now that this sedition was utterly appeased in Athens, for that the

excommunicates were banished the country, the city fell again into their

old troubles and dissensions about the government of the commonweal: and

they were divided into so diverse parties and factions, as there were

people of sundry places and territories within the country of Attica.

For there were the people of the mountains, the people of the valleys,

and the people of the seacoast. Those of the mountains, took the common

people’s part for their lives. Those of the valley, would a few of the

best citizens should carry the sway. The coastmen would that neither of

them should prevail, because they would have had a mean government and

mingled of them both. Furthermore, the faction between the poor and rich,

proceeding of their unequality, was at that time very great. By reason

whereof the city was in great danger, and it seemed there was no way to

pacify or take up these controversies, unless some tyrant happened to

rise, that would take upon him to rule the whole. For all the common

people were so sore indebted to the rich, that either they ploughed their

lands, and yielded them the sixth part of their crop (for which cause

they were called hectemorii and servants), or else they borrowed money

of them at usury, upon gauge of their bodies to serve it out. And if

they were not able to pay them, then were they by the law delivered to

their creditors, who kept them as bondsmen and slaves in their houses,

or else they sent them into strange countries to be sold: and many even

for very poverty were forced to sell their own children (for there was no

law to forbid the contrary) or else to forsake their city and country,

for the extreme cruelty and hard dealings of these abominable usurers,

their creditors. Insomuch that many of the lustiest and stoutest of

them, banded together in companies, and encouraged one another, not to

suffer and bear any longer such extremity, but to choose them a stout

and trusty captain, that might set them at liberty, and redeem those out

of captivity, which were judged to be bondsmen and servants, for lack of

paying of their debts at their days appointed: and so to make again a new

division of all lands and tenements, and wholly to change and turn up the

whole state and government.

Then the wisest men of the city, who saw Solon only neither partner with

the rich in their oppression, neither partaker with the poor in their

necessity: made suit to him, that it would please him to take the matter

in hand, and to appease and pacify all these broils and sedition. Yet

Phanias Lesbian writeth, that he used a subtilty, whereby he deceived

both the one and the other side, concerning the commonweal. For he

secretly promised the poor to divide the lands again: and the rich also,

to confirm their covenants and bargains. Howsoever it fell out, it is

very certain that Solon from the beginning made it a great matter, and

was very scrupulous to deal between them, fearing the covetousness of

the one, and arrogancy of the other. Howbeit in the end he was chosen

governor after Philombrotus, and was made reformer of the rigour of

the laws, and the temperer of the state and commonweal, by consent and

agreement of both parties.

The rich accepted him, because he was no beggar: the poor did also like

him, because he was an honest man. They say, moreover, that one word and

sentence which he spake (which at that present was rife in every man’s

mouth) that equality did breed no strife: did as well please the rich and

wealthy, as the poor and needy. For the one sort conceived of this word

equality, that he would measure all things according to the quality of

the man: and the other took it for their purpose, that he would measure

all things by the number, and by the poll only. Thus the captains of

both sections persuaded and prayed him, boldly to take upon him that

sovereign authority, since he had the whole city now at his commandment.

The neuters also of every part, when they saw it very hard to pacify

these things with law and reason, were well content that the wisest, and

honestest man, should alone have the royal power in his hands. But his

familiar friends above all rebuked him, saying he was to be accounted no

better than a beast, if for fear of the name of tyrant, he would refuse

to take upon him a kingdom: which is the most just and honourable state,

if one take it upon him that is an honest man.

Now, notwithstanding he had refused the kingdom, yet he waxed nothing

the more remiss or soft therefor in governing, neither would he bow for

fear of the great, nor yet would frame his laws to their liking, that

had chosen him their reformer. For where the mischief was tolerable, he

did not straight pluck it up by the roots: neither did he so change the

state, as he might have done, lest if he should have attempted to turn

upside down the whole government, he might afterwards have been never

able to settle and establish the same again. Therefore he only altered

that which he thought by reason he could persuade his citizens unto, or

else by force he ought to compel them to accept, mingling as he said,

sour with sweet, and force with justice. And herewith agreeth his answer

that he made afterwards unto one that asked him, if he had made the best

laws he could for the Athenians? “Yea, sure,” saith he, “such as they

were able to receive.” And this that followeth also, they have ever since

observed in the Athenian tongue: to make certain things pleasant, that

be hateful, finely conveying them under colour of pleasing names. As

calling taxes, contributions: garrisons, guards: prisons, houses. And all

this came up first by Solon’s invention, who called clearing of debts

_seisachtheia_: in English, discharge.

_The Law Concerning Debts_

For the first change and reformation he made in government was this:

he ordained that all manner of debts past should be clear, and nobody

should ask his debtor anything for the time passed. That no man should

thenceforth lend money out to usury upon covenants for the body to be

bound, if it were not repaid. Howbeit some write (as Androtion among

other) that the poor were contented that the interest only for usury

should be moderated, without taking away the whole debt: and that Solon

called this easy and gentle discharge, _seisachtheia_, with crying up

the value of money. For he raised the pound of silver, being before but

threescore and thirteen drachmas, full up to an hundred: so they which

were to pay great sums of money, paid by tale as much as they ought,

but with less number of pieces than the debt could have been paid when

it was borrowed. And so the debtors gained much, and the creditors lost

nothing. Nevertheless the greater part of them which have written the

same, say, that this crying up of money, was a general discharge of all

debts, conditions, and covenants upon the same: whereto the very poems

themselves, which Solon wrote, do seem to agree. For he glorieth, and

breaketh forth in his verses, that he had taken away all marks that

separated men’s lands through the country of Attica, and that now he

had set at liberty, that which before was in bondage. And that of the

citizens of Athens, which for lack of payment of their debts had been

condemned for slaves to their creditors, he had brought many home again

out of strange countries, where they had been so long, that they had

forgotten to speak their natural tongue, and others which remained at

home in captivity, he had now set them all at good liberty.

But while he was in doing this, men say a thing thwarted him, that

troubled him marvellously. For having framed an edict for clearing of

all debts, and lacking only a little to grace it with words, and to give

it some pretty preface, that otherwise was ready to be proclaimed: he

opened himself somewhat to certain of his familiars whom he trusted (as

Conon, Clinias, and Hipponicus) and told them how he would not meddle

with lands and possessions, but would only clear and cut off all manner

of debts. These men, before the proclamation came out, went presently

to the money-men, and borrowed great sums of money of them, and laid it

out straight upon land. So when the proclamation came out, they kept the

lands they had purchased, but restored not the money they had borrowed.

This foul part of theirs made Solon very ill spoken of, and wrongfully

blamed: as if he had not only suffered it, but had been partaker of

this wrong and injustice. Notwithstanding he cleared himself of this

slanderous report, losing five talents by his own law. For it was well

known that so much was due unto him, and he was the first that, following

his own proclamation, did clearly release his debtors of the same.

Notwithstanding, they ever after called Solon’s friends _Chreocopides_,

cutters of debts. This law neither liked the one nor the other sort. For

it greatly offended the rich, for cancelling their bonds: and it much

more misliked the poor, because all lands and possessions they gaped for,

were not made again common, and everybody alike rich and wealthy, as

Lycurgus had made the Lacedæmonians.

But Lycurgus was the eleventh descended of the right line from Hercules,

and had many years been king of Lacedæmon, where he had gotten great

authority, and made himself many friends: all which things together, did

greatly help him to execute that, which he wisely had imagined for the

order of his commonweal. Yet also, he used more persuasion than force,

a good witness thereof the loss of his eye: preferring a law before his

private injury, which hath power to preserve a city long in union and

concord, and to make citizens to be neither poor nor rich.

Solon could not attain to this. Howbeit he did what he could possible,

with the power he had, as one seeking to win no credit with his citizens,

but only by his counsel. To begin withal, he first took away all Draco’s

bloody laws, saving for murder and manslaughter.

_Class Legislation_

Then Solon being desirous to have the chief offices of the city to remain

in rich men’s hands, as already they did, and yet to mingle the authority

of government in such sort, as the meaner people might bear a little

sway, which they never could before: he made an estimate of the goods

of every private citizen. And those which he found yearly worth five

hundred bushels of corn, and other liquid fruits and upwards, he called

_pentacosiomedimni_: as to say, five-hundred-bushel-men of revenue. And

those that had three hundred bushels a year, and were able to keep a

horse of service, he put in the second degree, and called them knights.

They that might dispend but two hundred bushels a year, were put in the

third place, and called _zeugitæ_. All other under those, were called

_thetes_, as you would say, hirelings, or craftsmen living of their

labour: whom he did not admit to bear any office in the city, neither

were they taken as free citizens, saving they had voices in elections,

and assemblies of the city, and in judgments, where the people wholly

judged.

Furthermore because his laws were written somewhat obscurely, and

might be diversely taken and interpreted, this did give a great deal

more authority and power to the judges. For, considering all their

controversies could not be ended, and judged by express law: they were

driven of necessity always to run to the judges and debated their matters

before them. Insomuch as the judges by this means came to be somewhat

above the law: for they did even expound it as they would themselves.

Yet considering it was meet to provide for the poverty of the common

sort of people: he suffered any man that would, to take upon him the

defence of any poor man’s case that had the wrong. For if a man were

hurt, beaten, forced, or otherwise wronged: any other man that would,

might lawfully sue the offender, and prosecute law against him. And this

was a wise law ordained of him, to accustom his citizens to be sorry

for another’s hurt, and so to feel it, as if any part of his own body

had been injured. And they say he made an answer on a time agreeable

to this law. For, being asked what city he thought best governed, he

answered: “That city where such as receive no wrong, do as earnestly

defend wrong offered to others, as the very wrong and injury had been

done unto themselves.” He erected also the council of the Areopagites, of

those magistrates of the city, out of which they did yearly choose their

governor: and he himself had been of that number, for that he had been

governor for a year.

Wherefore perceiving now the people were grown to a stomach and

haughtiness of mind because they were clear discharged of their debts: he

set one up for matters of state, another council of an hundred chosen out

of every tribe, whereof four hundred of them were to consult and debate

of all matters, before they were propounded to the people: that when the

great council of the people at large should be assembled, no matters

should be put forth, unless it had been before well considered of, and

digested, by the council of the four hundred. Moreover, he ordained the

higher court should have the chief authority and power over all things,

and chiefly to see the law executed and maintained: supposing that the

commonweal being settled, and stayed with these two courts (as with two

strong anchor-holds), it should be the less turmoiled and troubled, and

the people also better pacified and quieted. The most part of writers

hold this opinion, that it was Solon which erected the council of the

Areopagites, as we have said, and it is very likely to be true, for that

Draco in all his laws and ordinances made no manner of mention of the

Areopagites, but always speaketh to the ephetes (which were judges of

life and death) when he spake of murder, or of any man’s death.

Notwithstanding, the eighth law of the thirteenth table of Solon saith

thus, in these very words: All such as have been banished or detected

of naughty life, before Solon made his laws, shall be restored again to

their goods and good name, except those which were condemned by order of

the council of the Areopagites, or by the ephetes, or by the kings in

open court, for murder, and death of any man, or for aspiring to usurp

tyranny. These words to the contrary seem to prove and testify, that the

council of the Areopagites was, before Solon was chosen reformer of the

laws. For how could offenders and wicked men be condemned by order of the

council of the Areopagites before Solon, if Solon was the first that gave

it authority to judge?

_Miscellaneous Laws; the Rights of Women_

Furthermore amongst the rest of his laws, one of them indeed was of his

own device: for the like was never stablished elsewhere. And it is that

law, that pronounceth him defamed, and dishonest, who in a civil uproar

among the citizens, sitteth still a looker-on, and a neuter, and taketh

part with neither side. Whereby his mind was as it should appear, that

private men should not be only careful to put themselves and their causes

in safety, nor yet should be careless for other men’s matters, or think

it a virtue not to meddle with the miseries and misfortunes of their

country, but from the beginning of every sedition that they should join

with those that take the justest cause in hand, and rather to hazard

themselves with such, than to tarry looking (without putting themselves

in danger) which of the two should have the victory.

There is another law also, which at the first sight methinketh is very

unhonest and fond. That if any man according to the law hath matched with

a rich heir and inheritor, and of himself is impotent, and unable to do

the office of a husband, she may lawfully lie with any whom she liketh,

of her husband’s nearest kinsmen. Howbeit some affirm, that it is a wise

made law for those, which knowing themselves unmeet to entertain wedlock,

will for covetousness of lands, marry with rich heirs and possessioners,

and mind to abuse poor gentlewomen under the colour of law: and will

think to force and restrain nature. This also confirmeth the same, that

such a new-married wife should be shut up with her husband, and eat a

quince with him: and that he also which marrieth such an inheritor,

should of duty see her thrice a month at the least. For although he get

no children of her, yet it is an honour the husband doth to his wife,

arguing that he taketh her for an honest woman, that he loveth her, and

that he esteemeth of her. Besides, it taketh away many mislikings and

displeasures which oftentimes happen in such cases, and keepeth love and

good will waking, that it die not utterly between them.

Furthermore, he took away all jointures and dowries in other marriages,

and willed that the wives should bring their husbands but three gowns

only, with some other little movables of small value, and without any

other thing as it were: utterly forbidding that they should buy their

husbands, or that they should make merchandise of marriages, as of other

trades to gain, but would that man and woman should marry together for

issue, for pleasure, and for love, but in no case for money.

They greatly commend another law of Solon’s, which forbiddeth to speak

ill of the dead. For it is a good and godly thing to think, that they

ought not to touch the dead, no more than to touch holy things; and

men should take great heed to offend those that are departed out of

this world; besides it is a token of wisdom and civility, to beware of

immortal enemies. He commanded also in the self-same law, that no man

should speak ill of the living, specially in churches, during divine

service, or in council chamber of the city, nor in the theatres whilst

games were a-playing: upon pain of three silver drachmæ to be paid to him

that was injured, and two to the common treasury.

So he was marvellously well thought of, for the law that he made touching

wills and testaments. For before, men might not lawfully make their heirs

whom they would, but the goods came to the children or kindred of the

testator. But he leaving it at liberty, to dispose their goods where they

thought good, so they had no children of their own: did therein prefer

friendship before kindred, and good will and favour before necessity

and constraint, and so made every one lord and master of his own goods.

Yet he did not simply and alike allow all sorts of gifts howsoever they

were made: but those only which were made by men of sound memory, or by

those whose wits failed them not by extreme sickness, or through drinks,

medicines, poisonings, charms, or other such violence and extraordinary

means, neither yet through the enticements and persuasions of women. As

thinking very wisely, there was no difference at all between those that

were evidently forced by constraint, and those that were compassed and

wrought by subornation at length to do a thing against their will, taking

fraud in this case equal with violence, and pleasure with sorrow, as

passions with madness, which commonly have as much force the one as the

other, to draw and drive men from reason.

He made another law also, in which he appointed women their times to go

abroad into the fields, their mourning, their feasts and sacrifices,

plucking from them all disorder and wilful liberty, which they used

before. For he did forbid that they should carry out of the city with

them above three gowns, and to take victuals with them above the value

of a half-penny, neither basket nor pannier above a cubit high: and

especially he did forbid them to go in the night other than in their

coach, and that a torch should be carried before them. He did forbid them

also at the burial of the dead, to tear and spoil themselves with blows,

to make lamentations in verses, to weep at the funeral of a stranger not

being their kinsman, to sacrifice an ox on the grave of the dead, to bury

above three gowns with the corpse, to go to other men’s graves, but at

the very time of burying the corpse.

_Results of Solon’s Legislation_

And perceiving that the city of Athens began to replenish daily more

and more, by men’s repairing thither from all parts, and by reason of

the great assured safety and liberty that they found there: and also

considering how the greatest part of the realm became in manner heathy,

and was very barren, and that men trafficking the seas, are not wont to

bring any merchandise to those, which can give them nothing again in

exchange: he began to practise that his citizens should give themselves

unto crafts and occupations, and made a law, that the son should not be

bound to relieve his father being old, unless he had set him in his youth

to some occupation.

It was a wise part of Lycurgus (who dwelt in a city where was no resort

for strangers, and had so great a territory, as could have furnished

twice as many people, as Euripides saith, and moreover on all sides

was environed with a great number of slaves of the helots, whom it

was needful to keep still in labour and work continually) to have

his citizens always occupied in exercises of feats of arms, without

making them to learn any other science, but discharge them of all other

miserable occupations and handicrafts.

But Solon framing his laws unto things, and not things unto laws, when

he saw the country of Attica so lean and barren, that it could hardly

bring forth to sustain those that tilled the ground only, and therefore

much more impossible to keep so great a multitude of idle people as were

in Athens: thought it very requisite to set up occupations, and to give

them countenance and estimation. Therefore he ordered, that the council

of the Areopagites, should have full power and authority to inquire how

every man lived in the city, and also to punish such as they found idle

people, and did not labour. Yet to say truly, in Solon’s laws touching

women, there are many absurdities, as they fall out ill-favouredly. For

he maketh it lawful for any man to kill an adulterer taking him with the

fact. But he that ravisheth or forcibly taketh away a free woman, is only

condemned to pay a hundred silver drachmæ.

Of the fruits of the earth, he was contented they should transport and

sell only oil out of the realm to strangers, but no other fruit or

grain. He ordained that the governor of the city should yearly proclaim

open curses against those that should do to the contrary, or else he

himself making default therein, should be fined at a hundred drachmæ.

This ordinance is in the first table of Solon’s laws, and therefore we

may not altogether discredit those which say, they did forbid in the old

time that men should carry figs out of the country of Attica, and that

from hence it came that these pick-thanks, which bewray and accuse them

that transported figs, were called sycophants. He made another law also

against the hurt that beasts might do unto men. Wherein he ordained, that

if a dog did bite any man, he that owned him should deliver to him that

was bitten, his dog tied to a log of timber of four cubits long: and

this was a very good device, to make men safe from dogs. But he was very

straight in one law he made, that no stranger might be made denizen and

free man of the city of Athens, unless he were a banished man forever out

of his country, or else that he should come and dwell there with all his

family, to exercise some craft or science. Notwithstanding, they say he

made not this law so much to put strangers from their freedom there, as

to draw them thither, assuring them by this ordinance, they might come

and be free of the city: and he thought moreover, that both the one and

the other would be more faithful to the commonweal of Athens.

This also was another of Solon’s laws, which he ordained for those that

should feast certain days at the townhouse of the city, at other men’s

cost. For he would not allow, that one man should come often to feasts

there. And if any man were invited thither to the feast, and did refuse

to come: he did set a fine on his head, as reproving the miserable

niggardliness of the one and the presumptuous arrogancy of the other, to

contemn and despise common order.

After he had made his laws, he did stablish them to continue for the

space of one hundred years, and they were written in tables of wood

called _axones_. So all the councils and magistrates together did swear,

that they would keep Solon’s laws themselves, and also cause them to be

observed of others thoroughly and particularly. Then every one of the

_thesmothetes_ (which were certain officers attendant on the council,

and had special charge to see the laws observed) did solemnly swear

in the open market-place, near the stone where the proclamations are

proclaimed: and every one of them both promised, and vowed openly to keep

the same laws, and that if any of them did in any one point break the

said ordinances, then they were content that such offender should pay to

the temple of Apollo, at the city of Delphi, an image of fine gold, that

should weigh as much as himself.

Now after his laws were proclaimed, there came some daily unto him, which

either praised them, or misliked them: and prayed him either to take

away, or to add something unto them. Many again came and asked him how he

understood some sentence of his laws: and requested him to declare his

meaning, and how it should be taken. Wherefore considering how it were to

no purpose to refuse to do it, and again how it would get him much envy

and ill will to yield thereunto: he determined (happen what would) to

wind himself out of these briers, and to fly the groanings, complaints,

and quarrels of his citizens. So, to convey himself awhile out of the

way, he took upon him to be master of a ship in a certain voyage, and

asked license for ten years of the Athenians to go beyond sea, hoping by

that time the Athenians would be very well acquainted with his laws.

SOLON’S JOURNEY AND RETURN; PISISTRATUS

[Sidenote: [590-580 B.C.]]

So went he to the seas, and the first place of his arrival was in Egypt,

where he remained awhile. And as for the meeting and talk betwixt him

and King Crœsus, I know there are that by distance of time will prove it

but a fable, and devised of pleasure: but for my part I will not reject,

nor condemn so famous a history, received and approved by so many grave

testimonies. Moreover it is very agreeable to Solon’s manners and nature,

and also not unlike to his wisdom and magnanimity: although in all points

it agreeth not with certain tables (which they call Chronicles) where

they have busily noted the order and course of times which even to this

day, many have curiously sought to correct.[15]

But during the time of his absence, great seditions rose at Athens

amongst the inhabitants, who had gotten them several heads amongst them:

as those of the valley had made Lycurgus their head. The coast-men

Megacles, the son of Alcmæon. And those of the mountains, Pisistratus;

with whom all artificers and craftsmen living of their handy labour were

joined, which were the stoutest against the rich. So that notwithstanding

the city kept Solon’s laws and ordinances, yet was there not a man but

gaped for a change, and desired to see things in another state.

[Sidenote: [580-558 B.C.]]

The whole commonweal broiling thus with troubles, Solon arrived at

Athens, where every man did honour and reverence him: howbeit he was no

more able to speak aloud in open assembly to the people, nor to deal in

matters as he had done before, because his age would not suffer him: and

therefore he spake with every one of the heads of the several factions

apart, trying if he could agree and reconcile them together again.

Whereupon Pisistratus seemed to be more willing than any of the rest, for

he was courteous, and marvellous fair spoken, and showed himself besides

very good and pitiful to the poor, and temperate also to his enemies:

further, if any good quality were lacking in him, he did so finely

counterfeit it, that men imagined it was more in him, than in those that

naturally had it in them indeed. By this art and fine manner of his, he

deceived the poor common people. Howbeit Solon found him straight, and

saw the mark he shot at: but yet hated him not at that time, and sought

still to win him, and bring him to reason.

Shortly after Pisistratus having wounded himself, and bloodied all

his body over, caused his men to carry him in his couch into the

market-place, where he put the people in an uproar, and told them that

they were his enemies that thus traitorously had handled and arrayed

him, for that he stood with them about the governing of the commonweal:

insomuch as many of them were marvellously offended, and mutinied by and

by, crying out it was shamefully done. Then Solon drawing near said unto

him: “O thou son of Hippocrates, thou dost ill-favouredly counterfeit the

person of Homer’s Ulysses: for thou hast whipped thyself to deceive thy

citizens, as he did tear and scratch himself, to deceive his enemies.”

Notwithstanding this, the common people were still in uproar, being ready

to take arms for Pisistratus: and there was a general council assembled,

in the which one Ariston spake, that they should grant fifty men, to

carry halberds and maces before Pisistratus for guard of his person.

But Solon going up into the pulpit for orations, stoutly inveighed

against it. But in the end, seeing the poor people did tumult still,

taking Pisistratus’ part, and that the rich fled here and there, he went

his way also.

Wherefore he hied him home again, and took his weapons out of his house,

and laid them before his gate in the midst of the street, saying: “For my

part, I have done what I can possible, to help and defend the laws and

liberties of my country.”

So from that time he betook himself unto his ease, and never after dealt

any more in matters of state, or commonweal. His friends did counsel him

to fly: but all they could not persuade him to it. For he kept his house,

and gave himself to make verses, in which he sore reproved the Athenians’

faults. His friends hereupon did warn him to beware of such speeches,

and to take heed what he said, lest if it came unto the tyrant’s ears,

he might put him to death for it. And further, they asked him wherein he

trusted, that he spake so boldly. He answered them, “In my age.”

Howbeit Pisistratus, after he had obtained his purpose, sending for him

upon his word and faith, did honour and entertain him so well, that Solon

in the end became one of his council, and approved many things which he

did.

Solon lived a long time after Pisistratus had usurped the tyranny, as

Heraclides Ponticus writeth. Howbeit Phanias Ephesian writeth, that he

lived not above two years after.[d]

A MODERN VIEW OF SOLONIAN LAWS AND CONSTITUTION

As a recent summing up of Solon, we may quote Professor Bury:

“He was a poet, not because he was poetically inspired, like the Parian

Archilochus of an earlier, or the Lesbian Sappho of his own, generation;

but because at that time every man of letters was a poet; there was no

prose literature. A hundred years later Solon would have used prose as

the vehicle of his thought. We are fortunate enough to possess portions

of poems--political pamphlets--which he published for the purpose of

guiding public opinion; and thus we have his view of the situation in his

own words.

“The character of the remedial measures of Solon is imperfectly known.

His title to fame as one of the great statesmen of Europe rests upon

his reform of the constitution. He discovered a secret of democracy,

and he used his discovery to build up the constitution on democratic

foundations. The Athenian commonwealth did not actually become a

democracy till many years later. The radical measure of Solon, which was

the very corner-stone of the Athenian democracy, was his constitution

of the courts of justice. He composed the law courts out of all the

citizens, including the Thetes; and as the panels of judges were enrolled

by lot, the poorest burgher might have his turn. The constitution of the

judicial courts out of the whole people was the secret of democracy which

Solon discovered.

“It was the fate of Solon to live long enough to see the establishment

of the tyranny which he dreaded. We know not what part he had taken in

the troubled world of politics since his return to Athens. The story was

invented that he called upon the citizens to arm themselves against the

tyrant, but called in vain; and that then, laying his arms outside the

threshold of his house, he cried, ‘I have aided, so far as I could, my

country and the constitution, and I appeal to others to do likewise.’

Nor has the story that he refused to live under a tyranny and sought

refuge with his Cyprian friend the king of Soli, any good foundation. We

know only that in his later years he enjoyed the pleasures of wine and

love, and that he survived but a short time the seizure of the tyranny by

Pisistratus, who at least treated the old man with respect.”[e]

FOOTNOTES

[15] [This famous story has already been given in the Appendix to the

history of Western Asia, Vol. II.]

[Illustration]

[Illustration]

The historians' history of the world in twenty-five volumes, volume 03 · 第 12 / 36 章