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.