The historians' history of the world in twenty-five volumes, volume 03

by Unknown

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.