CHAPTER XII. SOLON THE LAWGIVER
[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
[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.”
[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
[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.
[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.]
