If we examine the facts of the case, we shall see that nothing more than

the bare foundation of the democracy of Athens as it stood in the time

of Pericles can reasonably be ascribed to Solon. "I gave to the people

(Solon says in one of his short remaining fragments) as much strength as

sufficed for their needs, without either enlarging or diminishing their

dignity: for those too, who possessed power and were noted for wealth, I

took care that no unworthy treatment should be reserved. I stood with

the strong shield cast over both parties so as not to allow an unjust

triumph to either." Again, Aristotle tells us that Solon bestowed upon

the people as much power as was indispensable, but no more: the power to

elect their magistrates and hold them to accountability: if the people

had had less than this, they could not have been expected to remain

tranquil--they would have been in slavery and hostile to the

constitution. Not less distinctly does Herodotus speak, when he

describes the revolution subsequently operated by Clisthenes--the

latter (he tells us) found "the Athenian people excluded from

everything." These passages seem positively to contradict the

supposition, in itself sufficiently improbable, that Solon is the author

of the peculiar democratical institutions of Athens, such as the

constant and numerous dicasts for judicial trials and revision of laws.

The genuine and forward democratical movement of Athens begins only with

Clisthenes, from the moment when that distinguished Alcmæonid, either

spontaneously, or from finding himself worsted in his party strife with

Isagoras, purchased by large popular concessions the hearty coöperation

of the multitude under very dangerous circumstances. While Solon, in his

own statement as well as in that of Aristotle, gave to the people as

much power as was strictly needful--but no more--Clisthenes (to use the

significant phrase of Herodotus), "being vanquished in the party contest

with his rival, _took the people into partnership_." It was, thus, to

the interests of the weaker section, in a strife of contending nobles,

that the Athenian people owed their first admission to political

ascendancy--in part, at least, to this cause, though the proceedings of

Clisthenes indicate a hearty and spontaneous popular sentiment. But such

constitutional admission of the people would not have been so

astonishingly fruitful in positive results, if the course of public

events for the half century after Clisthenes had not been such as to

stimulate most powerfully their energy, their self-reliance, their

mutual sympathies, and their ambition. I shall recount in a future

chapter these historical causes, which, acting upon the Athenian

character, gave such efficiency and expansion to the great democratical

impulse communicated by Clisthenes: at present it is enough to remark

that that impulse commences properly with Clisthenes, and not with

Solon.

But the Solonian constitution, though only the foundation, was yet the

indispensable foundation, of the subsequent democracy. And if the

discontents of the miserable Athenian population, instead of

experiencing his disinterested and healing management, had fallen at

once into the hands of selfish power-seekers like Cylon or

Pisistratus--the memorable expansion of the Athenian mind during the

ensuing century would never have taken place, and the whole subsequent

history of Greece would probably have taken a different course. Solon

left the essential powers of the state still in the hands of the

oligarchy. The party combats between Pisistratus, Lycurgus, and

Megacles, thirty years after his legislation, which ended in the

despotism of Pisistratus, will appear to be of the same purely

oligarchical character as they had been before Solon was appointed

archon. But the oligarchy which he established was very different from

the unmitigated oligarchy which he found, so teeming with oppression and

so destitute of redress, as his own poems testify.

It was he who first gave both to the citizens of middling property and

to the general mass a _locus standi_ against the Eupatrids. He enabled

the people partially to protect themselves, and familiarized them with

the idea of protecting themselves, by the peaceful exercise of a

constitutional franchise. The new force, through which this protection

was carried into effect, was the public assembly called _Heliæa_,

regularized and armed with enlarged prerogatives and further

strengthened by its indispensable ally--the pro-bouleutic, or

pre-considering, senate. Under the Solonian constitution, this force was

merely secondary and defensive, but after the renovation of Clisthenes

it became paramount and sovereign. It branched out gradually into those

numerous popular dicasteries which so powerfully modified both public

and private Athenian life, drew to itself the undivided reverence and

submission of the people, and by degrees rendered the single

magistracies essentially subordinate functions. The popular assembly, as

constituted by Solon, appearing in modified efficiency and trained to

the office of reviewing and judging the general conduct of a past

magistrate--forms the intermediate stage between the passive Homeric

agora and those omnipotent assemblies and dicasteries which listened to

Pericles or Demosthenes. Compared with these last, it has in it but a

faint streak of democracy--and so it naturally appeared to Aristotle,

who wrote with a practical experience of Athens in the time of the

orators; but compared with the first, or with the ante-Solonian

constitution of Attica, it must doubtless have appeared a concession

eminently democratical. To impose upon the Eupatrid archon the necessity

of being elected, or put upon his trial of after-accountability, by the

_rabble_ of freemen (such would be the phrase in Eupatrid society),

would be a bitter humiliation to those among whom it was first

introduced; for we must recollect that this was the most extensive

scheme of constitutional reform yet propounded in Greece, and that

despots and oligarchies shared between them at that time the whole

Grecian world. As it appears that Solon, while constituting the popular

assembly with its pro-bouleutic senate, had no jealousy of the senate of

Areopagus, and indeed, even enlarged its powers, we may infer that his

grand object was, not to weaken the oligarchy generally, but to improve

the administration and to repress the misconduct and irregularities of

the individual archons; and that, too, not by diminishing their powers,

but by making some degree of popularity the condition both of their

entry into office, and of their safety or honor after it.

It is, in my judgment, a mistake to suppose that Solon transferred the

judicial power of the archons to a popular dicastery. These magistrates

still continued self-acting judges, deciding and condemning without

appeal--not mere presidents of an assembled jury, as they afterward came

to be during the next century. For the general exercise of such power

they were accountable after their year of office. Such accountability

was the security against abuse--a very insufficient security, yet not

wholly inoperative. It will be seen, however, presently that these

archons, though strong to coerce, and perhaps to oppress, small and poor

men, had no means of keeping down rebellious nobles of their own rank,

such as Pisistratus, Lycurgus, and Megacles, each with his armed

followers. When we compare the drawn swords of these ambitious

competitors, ending in the despotism of one of them, with the vehement

parliamentary strife between Themistocles and Aristides afterward,

peaceably decided by the vote of the sovereign people and never

disturbing the public tranquillity--we shall see that the democracy of

the ensuing century fulfilled the conditions of order, as well as of

progress, better than the Solonian constitution.

To distinguish this Solonian constitution from the democracy which

followed it, is essential to a due comprehension of the progress of the

Greek mind, and especially of Athenian affairs. That democracy was

achieved by gradual steps. Demosthenes and Æschines lived under it as a

system consummated and in full activity, when the stages of its

previous growth were no longer matter of exact memory; and the dicasts

then assembled in judgment were pleased to hear their constitution

associated with the names either of Solon or of Theseus. Their

inquisitive contemporary Aristotle was not thus misled: but even

commonplace Athenians of the century preceding would have escaped the

same delusion. For during the whole course of the democratical movement,

from the Persian invasion down to the Peloponnesian war, and especially

during the changes proposed by Pericles and Ephialtes, there was always

a strenuous party of resistance, who would not suffer the people to

forget that they had already forsaken, and were on the point of

forsaking still more, the orbit marked out by Solon. The illustrious

Pericles underwent innumerable attacks both from the orators in the

assembly and from the comic writers in the theatre. And among these

sarcasms on the political tendencies of the day we are probably to

number the complaint, breathed by the poet Cratinus, of the desuetude

into which both Solon and Draco had fallen--"I swear (said he in a

fragment of one of his comedies) by Solon and Draco, whose wooden

tablets (of laws) are now employed by people to roast their barley." The

laws of Solon respecting penal offences, respecting inheritance and

adoption, respecting the private relations generally, etc., remained for

the most part in force: his quadripartite census also continued, at

least for financial purposes, until the archonship of Nausinicus in B.C.

377--so that Cicero and others might be warranted in affirming that his

laws still prevailed at Athens: but his political and judicial

arrangements had undergone a revolution not less complete and memorable

than the character and spirit of the Athenian people generally. The

choice, by way of lot, of archons and other magistrates--and the

distribution by lot of the general body of dicasts or jurors into panels

for judicial business--may be decidedly considered as not belonging to

Solon, but adopted after the revolution of Clisthenes; probably the

choice of senators by lot also. The lot was a symptom of pronounced

democratical spirit, such as we must not seek in the Solonian

institutions.

It is not easy to make out distinctly what was the political position of

the ancient gentes and phratries, as Solon left them. The four tribes

consisted altogether of gentes and phratries, insomuch that no one could

be included in any one of the tribes who was not also a member of some

gens and phratry. Now the new pro-bouleutic, or pre-considering, senate

consisted of four hundred members,--one hundred from each of the tribes:

persons not included in any gens or phratry could therefore have had no

access to it. The conditions of eligibility were similar, according to

ancient custom, for the nine archons--of course, also, for the senate of

Areopagus. So that there remained only the public assembly, in which an

Athenian not a member of these tribes could take part: yet he was a

citizen, since he could give his vote for archons and senators, and

could take part in the annual decision of their accountability, besides

being entitled to claim redress for wrong from the archons in his own

person--while the alien could only do so through the intervention of an

avouching citizen or Prostates. It seems, therefore, that all persons

not included in the four tribes, whatever their grade of fortune might

be, were on the same level in respect to political privilege as the

fourth and poorest class of the Solonian census. It has already been

remarked, that even before the time of Solon the number of Athenians not

included in the gentes or phratries was probably considerable: it tended

to become greater and greater, since these bodies were close and

unexpansive, while the policy of the new lawgiver tended to invite

industrious settlers from other parts of Greece and Athens. Such great

and increasing inequality of political privilege helps to explain the

weakness of the government in repelling the aggressions of Pisistratus,

and exhibits the importance of the revolution afterward wrought by

Clisthenes, when he abolished (for all political purposes) the four old

tribes, and created ten new comprehensive tribes in place of them.

In regard to the regulations of the senate and the assembly of the

people, as constituted by Solon, we are altogether without information:

nor is it safe to transfer to the Solonian constitution the information,

comparatively ample, which we possess respecting these bodies under the

later democracy.

The laws of Solon were inscribed on wooden rollers and triangular

tablets, in the species of writing called _Boustrophedon_ (lines

alternating first from left to right, and next from right to left, like

the course of the ploughman)--and preserved first in the Acropolis,

subsequently in the Prytaneum. On the tablets, called _Cyrbis_, were

chiefly commemorated the laws respecting sacred rites and sacrifices; on

the pillars or rollers, of which there were at least sixteen, were

placed the regulations respecting matters profane. So small are the

fragments which have come down to us, and so much has been ascribed to

Solon by the orators which belongs really to the subsequent times, that

it is hardly possible to form any critical judgment respecting the

legislation as a whole, or to discover by what general principles or

purposes he was guided.

He left unchanged all the previous laws and practices respecting the

crime of homicide, connected as they were intimately with the religious

feelings of the people. The laws of Draco on this subject, therefore,

remained, but on other subjects, according to Plutarch, they were

altogether abrogated: there is, however, room for supposing that the

repeal cannot have been so sweeping as this biographer represents.

The Solonian laws seem to have borne more or less upon all the great

departments of human interest and duty. We find regulations political

and religious, public and private, civil and criminal, commercial,

agricultural, sumptuary, and disciplinarian. Solon provides punishment

for crimes, restricts the profession and status of the citizen,

prescribes detailed rules for marriage as well as for burial, for the

common use of springs and wells, and for the mutual interest of

conterminous farmers in planting or hedging their properties. As far as

we can judge from the imperfect manner in which his laws come before us,

there does not seem to have been any attempt at a systematic order or

classification. Some of them are mere general and vague directions,

while others again run into the extreme of specialty.

By far the most important of all was the amendment of the law of debtor

and creditor which has already been adverted to, and the abolition of

the power of fathers and brothers to sell their daughters and sisters

into slavery. The prohibition of all contracts on the security of the

body was itself sufficient to produce a vast improvement in the

character and condition of the poorer population,--a result which seems

to have been so sensibly obtained from the legislation of Solon, that

Boeckh and some other eminent authors suppose him to have abolished

villeinage and conferred upon the poor tenants a property in their

lands, annulling the seigniorial rights of the landlord. But this

opinion rests upon no positive evidence, nor are we warranted in

ascribing to him any stronger measure in reference to the land than the

annulment of the previous mortgages.

The first pillar of his laws contained a regulation respecting

exportable produce. He forbade the exportation of all produce of the

Attic soil, except olive oil alone. And the sanction employed to enforce

observance of this law deserves notice, as an illustration of the ideas

of the time: the archon was bound, on pain of forfeiting one hundred

drachmas, to pronounce solemn curses against every offender. We are

probably to take this prohibition in conjunction with other objects said

to have been contemplated by Solon, especially the encouragement of

artisans and manufacturers at Athens. Observing (we are told) that many

new immigrants were just then flocking into Attica to seek an

establishment, in consequence of its greater security, he was anxious to

turn them rather to manufacturing industry than to the cultivation of a

soil naturally poor. He forbade the granting of citizenship to any

immigrants, except to such as had quitted irrevocably their former

abodes and come to Athens for the purpose of carrying on some industrial

profession; and in order to prevent idleness, he directed the senate of

Areopagus to keep watch over the lives of the citizens generally, and

punish every one who had no course of regular labor to support him. If a

father had not taught his son some art or profession, Solon relieved the

son from all obligation to maintain him in his old age. And it was to

encourage the multiplication of these artisans that he insured, or

sought to insure, to the residents in Attica, the exclusive right of

buying and consuming all its landed produce except olive oil, which was

raised in abundance, more than sufficient for their wants. It was his

wish that the trade with foreigners should be carried on by exporting

the produce of artisan labor, instead of the produce of land.

This commercial prohibition is founded on principles substantially

similar to those which were acted upon in the early history of England,

with reference both to corn and to wool, and in other European

countries also. In so far as it was at all operative it tended to lessen

the total quantity of produce raised upon the soil of Attica, and thus

to keep the price of it from rising. But the law of Solon must have been

altogether inoperative, in reference to the great articles of human

subsistence; for Attica imported, both largely and constantly, grain and

salt provisions, probably also wool and flax for the spinning and

weaving of the women, and certainly timber for building. Whether the law

was ever enforced with reference to figs and honey may well be doubted;

at least these productions of Attica were in after times trafficked in,

and generally consumed throughout Greece. Probably also in the time of

Solon the silver mines of Laurium had hardly begun to be worked: these

afterward became highly productive, and furnished to Athens a commodity

for foreign payments no less convenient than lucrative.

It is interesting to notice the anxiety, both of Solon and of Draco, to

enforce among their fellow-citizens industrious and self-maintaining

habits; and we shall find the same sentiment proclaimed by Pericles, at

the time when Athenian power was at its maximum. Nor ought we to pass

over this early manifestation in Attica of an opinion equitable and

tolerant toward sedentary industry, which in most other parts of Greece

was regarded as comparatively dishonorable. The general tone of Grecian

sentiment recognized no occupations as perfectly worthy of a free

citizen except arms, agriculture, and athletic and musical exercises;

and the proceedings of the Spartans, who kept aloof even from

agriculture and left it to their helots, were admired, though they could

not be copied, throughout most of the Hellenic world. Even minds like

Plato, Aristotle, and Xenophon concurred to a considerable extent in

this feeling, which they justified on the ground that the sedentary life

and unceasing house-work of the artisan were inconsistent with military

aptitude. The town-occupations are usually described by a word which

carries with it contemptuous ideas, and though recognized as

indispensable to the existence of the city, are held suitable only for

an inferior and semi-privileged order of citizens. This, the received

sentiment among Greeks, as well as foreigners, found a strong and

growing opposition at Athens, as I have already said--corroborated also

by a similar feeling at Corinth. The trade of Corinth, as well as of

Chalcis in Euboea, was extensive, at a time when that of Athens had

scarce any existence. But while the despotism of Periander can hardly

have failed to operate as a discouragement to industry at Corinth, the

contemporaneous legislation of Solon provided for traders and artisans a

new home at Athens, giving the first encouragement to that numerous

town-population both in the city and in the Piræus, which we find

actually residing there in the succeeding century. The multiplication of

such town residents, both citizens and _metics_ (_i.e.,_ resident persons,

not citizens, but enjoying an assured position and civil rights), was a

capital fact in the onward march of Athens, since it determined not

merely the extension of her trade, but also the preëminence of her naval

forces--and thus, as a further consequence, lent extraordinary vigor to

her democratical government. It seems, moreover, to have been a

departure from the primitive temper of Atticism, which tended both to

cantonal residence and rural occupation. We have, therefore, the greater

interest in noting the first mention of it as a consequence of the

Solonian legislation.

To Solon is first owing the admission of a power of testamentary bequest

at Athens in all cases in which a man had no legitimate children.

According to the preëxisting custom, we may rather presume that if a

deceased person left neither children nor blood relations, his property

descended (as at Rome) to his gens and phratry. Throughout most rude

states of society the power of willing is unknown, as among the ancient

Germans--among the Romans prior to the twelve tables--in the old laws of

the Hindus, etc. Society limits a man's interest or power of enjoyment

to his life, and considers his relatives as having joint reversionary

claims to his property, which take effect, in certain determinate

proportions, after his death. Such a law was the more likely to prevail

at Athens, since the perpetuity of the family sacred rites, in which the

children and near relatives partook of right, was considered by the

Athenians as a matter of public as well as of private concern. Solon

gave permission to every man dying without children to bequeath his

property by will as he should think fit; and the testament was

maintained unless it could be shown to have been procured by some

compulsion or improper seduction. Speaking generally, this continued to

be the law throughout the historical times of Athens. Sons, wherever

there were sons, succeeded to the property of their father in equal

shares, with the obligation of giving out their sisters in marriage

along with a certain dowry. If there were no sons, then the daughters

succeeded, though the father might by will, within certain limits,

determine the person to whom they should be married, with their rights

of succession attached to them; or might, with the consent of his

daughters, make by will certain other arrangements about his property. A

person who had no children or direct lineal descendants might bequeath

his property at pleasure: if he died without a will, first his father,

then his brother or brother's children, next his sister or sister's

children succeeded: if none such existed, then the cousins by the

father's side, next the cousins by the mother's side,--the male line of

descent having preference over the female.

Such was the principle of the Solonian laws of succession, though the

particulars are in several ways obscure and doubtful. Solon, it appears,

was the first who gave power of superseding by testament the rights of

agnates and gentiles to succession,--a proceeding in consonance with his

plan of encouraging both industrious occupation and the consequent

multiplication of individual acquisitions.

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