Chapter 15

The Athenians, however, call this but an idle story, and report, that Solon made it appear to the judges, that Philaeus and Eurysaces, the sons of Ajax, being made citizens of Athens, gave them the island, and that one of them dwelt at Brauron in Attica, the other at Melite; and they have a township of Philaidae, to which Pisistratus belonged, deriving its name from this Philaeus. Solon took a farther argument against the Megarians from the dead bodies, which, he said, were not buried after their fashion but according to the Athenian; for the Megarians turn the corpse to the east, the Athenians to the west. But Hereas the Megarian denies this, and affirms that they likewise turn the body to the west, and also that the Athenians have a separate tomb for every body, but the Megarians put two or three into one. However, some of Apollo's oracles, where he calls Salamis Ionian, made much for Solon. This matter was determined by five Spartans, Critolaidas, Amompharetus, Hypsechidas, Anaxilas, and Cleomenes.

For this, Solon grew famed and powerful; but his advice in favor of defending the oracle at Delphi, to give aid, and not to suffer the Cirrhaeans to profane it, but to maintain the honor of the god, got him most repute among the Greeks: for upon his persuasion the Amphictyons undertook the war, as, amongst others, Aristotle affirms, in his enumeration of the victors at the Pythian games, where he makes Solon the author of this counsel. Solon, however, was not general in that expedition, as Hermippus states, out of Evanthes the Samian; for Aeschines the orator says no such thing, and, in the Delphian register, Alcmaeon, not Solon, is named as commander of the Athenians.

Now the Cylonian pollution had a long while disturbed the commonwealth, ever since the time when Megacles the archon persuaded the conspirators with Cylon that took sanctuary in Minerva's temple to come down and stand to a fair trial. And they, tying a thread to the image, and holding one end of it, went down to the tribunal; but when they came to the temple of the Furies, the thread broke of its own accord, upon which, as if the goddess had refused them protection, they were seized by Megacles and the other magistrates; as many as were without the temples were stoned, those that fled for sanctuary were butchered at the altar, and only those escaped who made supplication to the wives of the magistrates. But they from that time were considered under pollution, and regarded with hatred. The remainder of the faction of Cylon grew strong again, and had continual quarrels with the family of Megacles; and now the quarrel being at its height, and the people divided, Solon, being in reputation, interposed with the chiefest of the Athenians, and by entreaty and admonition persuaded the polluted to submit to a trial and the decision of three hundred noble citizens. And Myron of Phlya being their accuser, they were found guilty, and as many as were then alive were banished, and the bodies of the dead were dug up, and scattered beyond the confines of the country. In the midst of these distractions, the Megarians falling upon them, they lost Nisaea and Salamis again; besides, the city was disturbed with superstitious fears and strange appearances, and the priests declared that the sacrifices intimated some villanies and pollutions that were to be expiated. Upon this, they sent for Epimenides the Phaestian from Crete, who is counted the seventh wise man by those that will not admit Periander into the number. He seems to have been thought a favorite of heaven, possessed of knowledge in all the supernatural and ritual parts of religion; and, therefore, the men of his age called him a new Cures, and son of a nymph named Balte. When he came to Athens, and grew acquainted with Solon, he served him in many instances, and prepared the way for his legislation. He made them moderate in their forms of worship, and abated their mourning by ordering some sacrifices presently after the funeral, and taking off those severe and barbarous ceremonies which the women usually practiced; but the greatest benefit was his purifying and sanctifying the city, by certain propitiatory and expiatory lustrations, and foundation of sacred buildings; by that means making them more submissive to justice, and more inclined to harmony. It is reported that, looking upon Munychia, and considering a long while, he said to those that stood by, "How blind is man in future things! for did the Athenians foresee what mischief this would do their city, they would even eat it with their own teeth to be rid of it." A similar anticipation is ascribed to Thales; they say he commanded his friends to bury him in an obscure and contemned quarter of the territory of Miletus, saying that it should some day be the marketplace of the Milesians. Epimenides, being much honored, and receiving from the city rich offers of large gifts and privileges, requested but one branch of the sacred olive, and, on that being granted, returned.

The Athenians, now the Cylonian sedition was over and the polluted gone into banishment, fell into their old quarrels about the government, there being as many different parties as there were diversities in the country. The Hill quarter favored democracy, the Plain, oligarchy, and those that lived by the Sea-side stood for a mixed sort of government, and so hindered either of the other parties from prevailing. And the disparity of fortune between the rich and the poor, at that time, also reached its height; so that the city seemed to be in a truly dangerous condition, and no other means for freeing it from disturbances and settling it, to be possible but a despotic power. All the people were indebted to the rich; and either they tilled their land for their creditors, paying them a sixth part of the increase, and were, therefore, called Hectemorii and Thetes, or else they engaged their body for the debt, and might be seized, and either sent into slavery at home, or sold to strangers; some (for no law forbade it) were forced to sell their children, or fly their country to avoid the cruelty of their creditors; but the most part and the bravest of them began to combine together and encourage one another to stand to it, to choose a leader, to liberate the condemned debtors, divide the land, and change the government.

Then the wisest of the Athenians, perceiving Solon was of all men the only one not implicated in the troubles, that he had not joined in the exactions of the rich, and was not involved in the necessities of the poor, pressed him to succor the commonwealth and compose the differences. Though Phanias the Lesbian affirms, that Solon, to save his country, put a trick upon both parties, and privately promised the poor a division of the lands, and the rich, security for their debts. Solon, however, himself, says that it was reluctantly at first that he engaged in state affairs, being afraid of the pride of one party and the greediness of the other; he was chosen archon, however, after Philombrotus, and empowered to be an arbitrator and lawgiver; the rich consenting because he was wealthy, the poor because he was honest. There was a saying of his current before the election, that when things are even there never can be war, and this pleased both parties, the wealthy and the poor; the one conceiving him to mean, when all have their fair proportion; the others, when all are absolutely equal. Thus, there being great hopes on both sides, the chief men pressed Solon to take the government into his own hands, and, when he was once settled, manage the business freely and according to his pleasure; and many of the commons, perceiving it would be a difficult change to be effected by law and reason, were willing to have one wise and just man set over the affairs; and some say that Solon had this oracle from Apollo--

Take the mid-seat, and be the vessel's guide; Many in Athens are upon your side.

But chiefly his familiar friends chid him for disaffecting monarchy only because of the name, as if the virtue of the ruler could not make it a lawful form; Euboea had made this experiment when it chose Tynnondas, and Mitylene, which had made Pittacus its prince; yet this could not shake Solon's resolution; but, as they say, he replied to his friends, that it was true a tyranny was a very fair spot, but it had no way down from it; and in a copy of verses to Phocus he writes.--

--that I spared my land, And withheld from usurpation and from violence my hand, And forbore to fix a stain and a disgrace on my good name, I regret not; I believe that it will be my chiefest fame.

From which it is manifest that he was a man of great reputation before he gave his laws. The several mocks that were put upon him for refusing the power, he records in these words,--

Solon surely was a dreamer, and a man of simple mind; When the gods would give him fortune, he of his own will declined; When the net was full of fishes, over-heavy thinking it, He declined to haul it up, through want of heart and want of wit. Had but I that chance of riches and of kingship, for one day, I would give my skin for flaying, and my house to die away.

Thus he makes the many and the low people speak of him. Yet, though he refused the government, he was not too mild in the affair; he did not show himself mean and submissive to the powerful, nor make his laws to pleasure those that chose him. For where it was well before, he applied no remedy, nor altered anything, for fear lest,

Overthrowing altogether and disordering the state,

he should be too weak to new-model and recompose it to a tolerable condition; but what he thought he could effect by persuasion upon the pliable, and by force upon the stubborn, this he did, as he himself says,

With force and justice working both one.

And, therefore, when he was afterwards asked if he had left the Athenians the best laws that could be given, he replied, "The best they could receive." The way which, the moderns say, the Athenians have of softening the badness of a thing, by ingeniously giving it some pretty and innocent appellation, calling harlots, for example, mistresses, tributes customs, a garrison a guard, and the jail the chamber, seems originally to have been Solon's contrivance, who called canceling debts Seisacthea, a relief, or disencumbrance. For the first thing which he settled was, that what debts remained should be forgiven, and no man, for the future, should engage the body of his debtor for security. Though some, as Androtion, affirm that the debts were not canceled, but the interest only lessened, which sufficiently pleased the people; so that they named this benefit the Seisacthea, together with the enlarging their measures, and raising the value of their money; for he made a pound, which before passed for seventy-three drachmas, go for a hundred; so that, though the number of pieces in the payment was equal, the value was less; which proved a considerable benefit to those that were to discharge great debts, and no loss to the creditors. But most agree that it was the taking off the debts that was called Seisacthea, which is confirmed by some places in his poem, where he takes honor to himself, that

The mortgage-stones that covered her, by me Removed, --the land that was a slave is free;

that some who had been seized for their debts he had brought back from other countries, where

--so far their lot to roam, They had forgot the language of their home;

and some he had set at liberty,--

Who here in shameful servitude were held.

While he was designing this, a most vexatious thing happened; for when he had resolved to take off the debts, and was considering the proper form and fit beginning for it, he told some of his friends, Conon, Clinias, and Hipponicus, in whom he had a great deal of confidence, that he would not meddle with the lands, but only free the people from their debts; upon which, they, using their advantage, made haste and borrowed some considerable sums of money, and purchased some large farms; and when the law was enacted, they kept the possessions, and would not return the money; which brought Solon into great suspicion and dislike, as if he himself had not been abused, but was concerned in the contrivance. But he presently stopped this suspicion, by releasing his debtors of five talents (for he had lent so much), according to the law; others, as Polyzelus the Rhodian, say fifteen; his friends, however, were ever afterward called Chreocopidae, repudiators.

In this he pleased neither party, for the rich were angry for their money, and the poor that the land was not divided, and, as Lycurgus ordered in his commonwealth, all men reduced to equality. He, it is true, being the eleventh from Hercules, and having reigned many years in Lacedaemon, had got a great reputation and friends and power, which he could use in modeling his state; and, applying force more than persuasion, insomuch that he lost his eye in the scuffle, was able to employ the most effectual means for the safety and harmony of a state, by not permitting any to be poor or rich in his commonwealth. Solon could not rise to that in his polity, being but a citizen of the middle classes; yet he acted fully up to the height of his power, having nothing but the good-will and good opinion of his citizens to rely on; and that he offended the most part, who looked for another result, he declares in the words,

Formerly they boasted of me vainly; with averted eyes Now they look askance upon me; friends no more, but enemies.

And yet had any other man, he says, received the same power,

He would not have forborne, nor let alone, But made the fattest of the milk his own.

Soon, however, becoming sensible of the good that was done, they laid by their grudges, made a public sacrifice, calling it Seisacthea, and chose Solon to new-model and make laws for the commonwealth, giving him the entire power over everything, their magistracies, their assemblies, courts, and councils; that he should appoint the number, times of meeting, and what estate they must have that could be capable of these, and dissolve or continue any of the present constitutions, according to his pleasure.

First, then, he repealed all Draco's laws, except those concerning homicide, because they were too severe, and the punishments too great; for death was appointed for almost all offenses, insomuch that those that were convicted of idleness were to die, and those that stole a cabbage or an apple to suffer even as villains that committed sacrilege or murder. So that Demades, in after time, was thought to have said very happily, that Draco's laws were written not with ink, 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; most of which are likewise forbidden by our laws,@ but this is further added in ours, that those that are convicted of extravagance in their mournings, are to be punished as soft and effeminate by the censors of women.