but blood; and he himself, being once asked why he made death the punishment of most offenses, replied, “Small ones deserve that, and I have no higher for the greater crimes.”
Next, Solon, being willing to continue the magistracies in the hands of the rich men, and yet receive the people into the other part of the government, took an account of the citizens’ estates, and those that were worth five hundred measures of fruits, dry and liquid, he placed in the first rank, calling them Pentacosiomedimni; those that could keep an horse, or were worth three hundred measures, were named Hippada Teluntes, and made the second class; the Zeugitae, that had two hundred measures, were in the third; and all the others were called Thetes, who were not admitted to any office, but could come to the assembly, and act as jurors; which at first seemed nothing, but afterwards was found an enormous privilege, as almost every matter of dispute came before them in this latter capacity. Even in the cases which he assigned to the archons’ cognizance, he allowed an appeal to the courts. Besides, it is said that he was obscure and ambiguous in the wording of his laws, on purpose to increase the honor of his courts; for since their differences could not be adjusted by the letter, they would have to bring all their causes to the judges, who thus were in a manner masters of the laws. Of this equalization he himself makes mention in this manner:
Such power I gave the people as might do,
Abridged not what they had, now lavished new.
Those that were great in wealth and high in place,
My counsel likewise kept from all disgrace.
Before them both I held my shield of might,
And let not either touch the other’s right.
And for the greater security of the weak commons, he gave general liberty of indicting for an act of injury; if any one was beaten, maimed, or suffered any violence, any man that would and was able, might prosecute the wrongdoer; intending by this to accustom the citizens, like members of the same body, to resent and be sensible of one another’s injuries. And there is a saying of his agreeable to this law, for, being asked what city was best modeled, “That,” said he, “where those that are not injured try and punish the unjust as much as those that are.”
When he had constituted the Areopagus of those who had been yearly archons, of which he himself was a member therefore, observing that the people, now free from their debts, were unsettled and imperious, he formed another council of four hundred, a hundred out of each of the four tribes, which was to inspect all matters before they were propounded to the people, and to take care that nothing but what had been first examined should be brought before the general assembly. The upper council, or Areopagus, he made inspectors and keepers of the laws, conceiving that the commonwealth, held by these two councils, like anchors, would be less liable to be tossed by tumults, and the people be more at quiet. Such is the general statement, that Solon instituted the Areopagus; which seems to be confirmed, because Draco makes no mention of the Areopagites, but in all causes of blood refers to the Ephetae; yet Solon’s thirteenth table contains the eighth law set down in these very words: “Whoever before Solon’s archonship were disfranchised, let them be restored, except those that, being condemned by the Areopagus, Ephetae, or in the Prytaneum by the kings, for homicide, murder, or designs against the government, were in banishment when this law was made;” and these words seem to show that the Areopagus existed before Solon’s laws, for who could be condemned by that council before his time, if he was the first that instituted the court? unless, which is probable, there is some ellipsis, or want of precision, in the language, and it should run thus, — “Those that are convicted of such offenses as belong to the cognizance of the Areopagites, Ephetae, or the Prytanes, when this law was made,” shall remain still in disgrace, whilst others are restored; of this the reader must judge.
Amongst his other laws, one is very peculiar and surprising, which disfranchises all who stand neuter in a sedition; for it seems he would not have any one remain insensible and regardless of the public good, and, securing his private affairs, glory that he has no feeling of the distempers of his country; but at once join with the good party and those that have the right upon their side, assist and venture with them, rather than keep out of harm’s way and watch who would get the better. It seems an absurd and foolish law which permits an heiress, if her lawful husband fail her, to take his nearest kinsman; yet some say this law was well contrived against those, who, conscious of their own unfitness, yet, for the sake of the portion, would match with heiresses, and make use of law to put a violence upon nature; for now, since she can quit him for whom she pleases, they would either abstain from such marriages, or continue them with disgrace, and suffer for their covetousness and designed affront; it is well done, moreover, to confine her to her husband’s nearest kinsman, that the children may be of the same family. Agreeable to this is the law that the bride and bridegroom shall be shut into a chamber, and eat a quince together; and that the husband of an heiress shall consort with her thrice a month; for though there be no children, yet it is an honor and due affection which an husband ought to pay to a virtuous, chaste wife; it takes off all petty differences, and will not permit their little quarrels to proceed to a rupture.
In all other marriages he forbade dowries to be given; the wife was to have three suits of clothes, a little inconsiderable household stuff, and that was all; for he would not have marriages contracted for gain or an estate, but for pure love, kind affection, and birth of children. When the mother of Dionysius desired him to marry her to one of his citizens, “Indeed,” said he, “by my tyranny I have broken my country’s laws, but cannot put a violence upon those of nature by an unseasonable marriage.” Such disorder is never to be suffered in a commonwealth, nor such unseasonable and unloving and unperforming marriages, which attain no due end or fruit; any provident governor or lawgiver might say to an old man that takes a young wife what is said to Philoctetes in the tragedy —
Truly, in a fit state thou to marry!
and if he finds a young man, with a rich and elderly wife, growing fat in his place, like the partridges, remove him to a young woman of proper age. And of this enough.
Another commendable law of Solon’s is that which forbids men to speak evil of the dead; for it is pious to think the deceased sacred, and just, not to meddle with those that are gone, and politic, to prevent the perpetuity of discord. He likewise forbade them to speak evil of the living in the temples, the courts of justice, the public offices, or at the games, or else to pay three drachmas to the person, and two to the public. For never to be able to control passion shows a weak nature and ill-breeding; and always to moderate it is very hard, and to some impossible. And laws must look to possibilities, if the maker designs to punish few in order to their amendment, and not many to no purpose.
He is likewise much commended for his law concerning wills; for before him none could be made, but all the wealth and estate of the deceased belonged to his family; but he, by permitting them, if they had no children, to bestow it on whom they pleased, showed that he esteemed friendship a stronger tie than kindred, and affection than necessity; and made every man’s estate truly his own. Yet he allowed not all sorts of legacies, but those only which were not extorted by the frenzy of a disease, charms, imprisonment, force, or the persuasions of a wife; with good reason thinking that being seduced into wrong was as bad as being forced, and that between deceit and necessity, flattery and compulsion, there was little difference, since both may equally suspend the exercise of reason.
He regulated the walks, feasts, and mourning of the women, and took away everything that was either unbecoming or immodest; when they walked abroad, no more than three articles of dress were allowed them; an obol’s worth of meat and drink; and no basket above a cubit high; and at night they were not to go about unless in a chariot with a torch before them. Mourners tearing themselves to raise pity, and set wailings, and at one man’s funeral to lament for another, he forbade. To offer an ox at the grave was not permitted, nor to bury above three pieces of dress with the body, or visit the tombs of any besides their own family, unless at the very funeral;
