READING HALLTHE DOORS OF WISDOM |
BIOGRAPHYCAL UNIVERSAL LIBRARY |
SOLON
( 640-560 BC )
WE now approach a new era in
Grecian history, the first known example of a genuine and
disinterested constitutional reform, and the first
foundation-stone of that great fabric, which afterwards became the type of
democracy in Greece. The archonship of the
eupatrid Solon dates in 594 BC, thirty years after that of Drako,
and about eighteen years after the conspiracy of Kylon, assuming the latter event to be correctly
placed BC 612.
The life of Solon by Plutarch
and by Diogenes, especially the former, are our principal
sources of information respecting tat remarkable
man; and while we thank them for what they have told us, it is impossible to
avoid expressing disappointment that they
have not told us more. For Plutarch certainly had before him both
the original poems, and the original laws, of Solon, and the few transcripts which he gives from one or the
other form the principal charm of
his biography: but such valuable materials ought to have been made available to a more instructive result than that which he has brought out. There is
hardly anything more to be deplored, amidst the lost treasures of the
Grecian mind, than the poems of Solon; for we see by the remaining
fragments, that they contained notices of the public and social phenomena before him, which he was compelled
attentively to study,— blended
with the touching expression of his own personal feelings, in the post, alike honorable and difficult, to which
the confidence of his country men had exalted him.
Solon, son of Exekestides, was a eupatrid of middling fortune, but of the
purest heroic blood, belonging to the gens or family of the Kodrids and Neleids,
and tracing his origin to the god Poseidon. His father is said to have
diminished his substance by prodigality, which compelled Solon in his earlier
years to have recourse to trade, and in this pursuit he visited many parts
of Greece and Asia. He was thus enabled
to enlarge the sphere of his observation, and to provide material for thought as well as for composition : and his poetical
talents displayed themselves at a very
early age, first on light, afterwards on serious subjects. It will
be recollected that there was at that time no Greek prose writing,
and that the acquisitions as well as the effusions of an intellectual man, even in their simplest form, adjusted
themselves not to the limitations of
the period and the semicolon, but to those of the hexameter and pentameter: nor in point of fact do the
verses of Solon aspire to any higher effect than we are accustomed to associate with an earnest, touching,
and admonitory prose composition.
The advice and appeals which he frequently addressed to his countrymen were delivered in this easy metre, doubtless far less difficult than the elaborate
prose of subsequent writers or
speakers, such as Thucydides, Isokrates,
or Demosthenes. His poetry and his
reputation became known throughout many parts of Greed, and he was
classed along with Thales of Miletus, Bias of Priene, Pittakus of Mytilene, Periander of
Corinth, Kleobulus of Lindus, Cheila of Lacedemon, altogether forming the constellation afterwards renowned as the Seven wise men.
The first particular event in respect to which Solon
appears as an active politician, is the
possession of the island of Salamis, then disputed between Megara and Athens.
Megara was at that time able to
contest with Athens, and for sometime to
contest with success, the occupation of this important island,— a
remarkable fact, which perhaps may be
explained by supposing that the inhabitants of Athens and its
neighborhood carried on the struggle
with only partial aid from the rest of Attica. However this may be, it
appears that the Megarians had actually established themselves in Salamis, at the time when Solon began his political career, and that the Athenians had
experienced so much loss in the
struggle, as to have formally prohibited any citizen from ever submitting a proposition for
its reconquest. Stung with this dishonorable abnegation, Solon
counterfeited a state of ecstatic excitement, rushed into the agora, and
there, on the stone usually
occupied by the official herald, pronounced to the crowd around a short elegiac poem, which he had previously composed on the subject of Salamis. He
enforced pon them the disgrace of abandoning the island, and wrought
so powerfully upon their
feelings, that they rescinded the prohibitory law : “Rather (he
exclaimed) would I forfeit my native city, and become a citizen of Pholegandrus, than be
still named an Athenian, branded
with the shame of surrendered Salamis!” The Athenians again entered into
the war, and conferred upon him the command of it,— partly, as we are told, at
the instigation of Peisistratus, though the latter must have been at this time
(600-594 BC) a very young man, or rather a boy.
The stories in Plutarch, as to the way in which
Salamis was recovered, are contradictory as well as apocryphal, ascribing
to Solon various stratagems to deceive
the Megarian occupiers; unfortunately,
no authority is given for any of them. According to that which
seems the most plausible, he was directed by the Delphian god, first to propitiate the local heroes of the island; and he accordingly crossed over to it by night,
for the purpose of sacrificing to the heroes Periphemus and Kychreus,
on the Salaminian shore. Five
hundred Athenian volunteers were then levied for the attack of the
island, under the stipulation that if they were victorious they should hold it
in property and citizenship. They were
safely landed on an outlying promontory, while Solon, having been
fortunate enough to seize a ship which the Megarians had
sent to watch the proceedings, manned it with Athenians, and sailed straight towards the city of
Salamis, to which the five hundred Athenians who had landed also
directed their march. The Megarians marched
out from the city to repel the
latter, and during the heat of the engagement, Solon, with his Megarian ship, and Athenian crew,
sailed directly to the city : the Megarians, interpreting this
as the return of their own crew,
permitted the ship to approach without resistance, and the city was thus taken by surprise. Permission having been
given to the Megarians to
quit the island, Solon took possession of it for the Athenians, erecting a temple to Euyalius, the god of war, on Cape Skiradium, near the city of Salamis.
The citizens of Megara,
however, made various efforts for the recovery
of so valuable a possession, so that a war ensued long as well as disastrous to both parties. At last, it was agreed between them to refer the dispute to the arbitration of Sparta, and five Spartans were
appointed to decide it,— Kritolaidas, Amompharetus, Hypsechidas, Anaxilas, and Kleomenes. The
verdict in favor of Athens was
founded on evidence which it is somewhat
curious to trace. Both parties attempted to show that the dead
bodies buried in the island conformed to their own peculiar mode of interment,
and both parties are said to have cited verses from the catalogue of the Iliad, — each accusing the other of
error or interpolation. But the
Athenians had the advantage on two points; first, there were oracles from
Delphi, wherein Salamis was mentioned with the epithet Ionian;
next, Philaeus and Eurysakes, sons of the Telamonian Ajax, the
great hero of the island, had
accepted the citizenship of Athens, made over Salamis to the Athenians, and transferred their own residences
to Brauron and Melite in
Attica, where the deme or gens Philaidae still
worshipped Philaeus as
its eponymous ancestor. Such-a title was held sufficient, and
Salamis was adjudged by the five Spartans to Attica, with which it ever
afterwards remained incorporated until
the days of Macedonian supremacy. Two centuries and a half later, when the orator Aeschines argued the Athenian right to Amphipolis against Philip of
Macedon, the legendary elements of
the title were indeed put forward, but more in the way of preface
or introduction to the substantial political grounds. But in the year 600 BC, the authority of the legend was more deep-seated and operative, and adequate by itself
to determine a favorable verdict.
In addition to the conquest of Salamis, Solon increased
his reputation by espousing the cause
of the Delphian temple against the
extortionate proceedings of the inhabitants of Kirrha,
of which more will be said in a
coming chapter; and the favor of the
oracle was probably not without its effect in procuring for him
that encouraging prophecy with which his legislative career opened.
It is on the occasion of Solon’s legislation, that we
obtain our first glimpse —
unfortunately, but a glimpse — 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.
ATHENS BEFORE SOLON.
Violent dissensions prevailed among the inhabitants of Attica, who were separated into three
factions, —the pedieis, or men
of the plain, comprising Athens, Eleusis, and the neighboring territory, among whom the greatest number
of rich families were included; the
mountaineers in the east and north of Attica, called diakrii, 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
Peisistratus, the latter standing forward as the leader of the diakrii,
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 are 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 fulfill his contract was liable to be adjudged as the slave of his creditor, until he
could find means either of paying it 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 of 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 unfavorable 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 fragmenta 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 believe 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 BC, 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.
It had happened in several
Grecian states, that the governing oligarchies,
either by quarrels among their own members or by the
general bad condition of the people under their government, were deprived of
that hold upon the public mind which was essential to
their power; and sometimes, as in the case of Pittakus of Mitylene, anterior to the archonship of Solon, and often in
the factions of the Italian republics in the Middle Ages, the collision of
opposing forces had rendered society intolerable, and driven all parties to acquiesce in the choice of some reforming dictator. Usually, however, in the early Greek oligarchies, this ultimate crisis was anticipated by some ambitious individual, who availed himself of
the public discontent, to overthrow the oligarchy, and usurp the powers
of a despot; and so, probably, it might have happened in Athens, had not the recent failure of Kylon, with all its miserable consequences, operated as a
deterring motive. It is curious
to read, in the words of Solon himself, the temper in which his appointment was construed by a large
portion of the community, but
most especially by his own friends: and we are to bear in mind that at this early day, so far as
our knowledge, goes, democratical government
was a thing unknown in Greece, all Grecian governments were either oligarchical
or despotic, the mass of the freemen
having not yet tasted of constitutional privilege. His own friends
and supporters were the first to urge him,
while redressing the prevalent discontents, to multiply partisans for himself
personally, and seize the supreme power : they even “chid him as a
madman, for declining to haul up the net when the fish were already enmeshed”. The mass of the people, in despair
with their lot, would gladly have seconded him in such an attempt, and many
even among the oligarchy might have acquiesced in his personal government, from
the mere apprehension of something
worse, if they resisted it. That Solon
might easily have made himself despot, admits of little doubt; and
though the position of a Greek despot was always perilous, he would have had
greater facility for maintaining himself in
it than Peisistratus possessed after him; so that nothing but
the combination of prudence and virtue which marks his lofty character,
restricted him within the trust specially confided to him. To the surprise of
every one, to the dissatisfaction of his
own friends, under the complaints alike, as he says, of various extreme and dissentient parties, who required him
to adopt measures fatal to the peace of society, he set himself honestly to solve the very difficult and critical problem
submitted to him.
SEISACHTHEIA, OR RELIEF-LAW.
Of all grievances, the most
urgent was the condition of the poorer class of debtors; and to their relief Solon’s first measure, the
memorable seisachtheia, or shaking off of
burdens, was directed. The relief which it afforded was complete and immediate. It cancelled at once all those contracts
in which the debtor had borrowed
on the security of either his person or of his land: it forbade all
future loans or contracts in which the person of the debtor was pledged as
security: it deprived the
creditor in future of all power to
imprison, or enslave, or extort work from the debtor, and confined him to an effective judgment
at law, authorizing the seizure of the
property of the latter. It swept off all the numerous mortgage pillars from the landed properties in Attica, and
left the land free from all past claims. It liberated, and restored to their full rights, all those
debtors who were, actually, in slavery under previous legal
adjudication; and it even provided
the means—we do not know how—of repurchasing in foreign lands, and bringing back to a renewed
life of liberty in Attica, many insolvents who had been sold for
exportation. And while Solon forbade
every Athenian to pledge or sell his own person into slavery, he took a step farther in the same direction, by forbidding him to pledge or sell his son,
his daughter, or an unmarried sister under his tutelage, excepting
only the case in which either of the
latter might be detected in unchastity. Whether this last ordinance was contemporaneous with the seisachtheia, or followed as one of his subsequent
reforms, seems doubtful.
By this extensive measure the
poor debtors, — the thetes, small tenants, and proprietors,— together with their families, were rescued from suffering and peril. But these were not the only debtors in the
state : the creditors and landlords of the exonerated thetes were doubtless in their
turn debtors to others, and were
less able to discharge their obligations in consequence of the loss inflicted upon them by the seisachtheia. It was to assist these wealthier debtors, whose bodies were
in no danger, yet without exonerating them entirely, that Solon
resorted to the additional expedient of debasing the money standard; he lowered the standard of the drachma in a
proportion something more than
twenty-five per cent.; so that one hundred drachmas of the new
standard contained no more silver than seventy-three of the old, or one hundred of the old were
equivalent to one hundred and thirty-eight of the new. By this change, the
creditors of these more substantial
debtors were obliged to submit to a loss, while the debtors
acquired an exemption, to the extent of about twenty-seven per cent.
Lastly, Solon decreed that all those who had been
condemned by the archons to atimy (civil disfranchisement) should be
restored to their full
privileges of citizens, excepting, however, from this indulgence those who had been condemned by
the ephetae, or by the areopagus, or by
the phylo-basileis (the four kings
of the tribes), after trial in the prytaneium,
on charges either of murder or treason. So wholesale a measure of amnesty
affords strong grounds for believing
that the previous judgments of the archons had been intolerably
harsh; and it is to be recollected that the Drakonian ordinances
were then in force.
Such were the measures of relief with which Solon met
the dangerous discontent then
prevalent. That the wealthy men and leaders of the people, whose insolence and iniquity he has himself so sharply denounced in his poems, and whose
views in nominating him he had greatly disappointed, should have detested
propositions which robbed them without compensation of so many of
their legal rites, it is easy to imagine. But
the statement of Plutarch, that the
poor emancipated debtors were also dissatisfied, from having expected that Solon would not only
remit their debts, but also redivide the soil of Attica, seems
utterly incredible; nor is it confirmed by any passage now remaining of
the Solonian poems. Plutarch conceives the poor debtors as
having in their minds the comparison
with Lycurgus, and the equality of property at Sparta, which, as I have already
endeavored to show, is a
fiction; and even had it been true, as matter of history long past and antiquated, would not have been
likely to work upon the minds of
the multitude of Attica in the forcible way that the biographer
supposes. The seisachtheia must have
exasperated the feelings and diminished the fortunes of many persons; but it
gave to the large body of thetes and small
proprietors all that they could possibly have hoped. And we are told that after a short interval it became
eminently acceptable in the general public mind, and procured for Solon a great
increase of popularity, all
ranks concurring in a common sacrifice of thanksgiving and harmony.
One incident there was which occasioned an
outcry of indignation. Three rich friends of Solon, all men of great family in the state, and bearing
names which will hereafter reappear in this history as borne by
their descendants, — Konon, Kleinias, and Hipponikus, —
having obtained from Solon some previous
hint of his designs, profited by it, first, to borrow money, and next, to make purchases of lands; and this selfish breach of confidence would have
disgraced Solon himself, had it
not been found that he was personally a great loser, having lent money to the extent of five
talents. We should have been glad
to learn what authority Plutarch had for this anecdote, which could
hardly have been recorded in Solon’s own poems.
In regard to the whole measure
of the seisachtheia, indeed, though the poems of Solon were open to every one,
ancient authors gave
different statements, both of its purport and of its extent. Most of them
construed it as having cancelled indiscriminately all money contracts;
while Androtion, and others, thought that it did nothing more than lower the
rate of interest and depreciate
the currency to the extent of twenty-seven per cent., leaving the letter of the
contracts unchanged. How Androtion came to maintain such an opinion we
cannot easily understand, for the fragments now remaining from Solon seem distinctly to refute it, though, on the other hand,
they do not go so far as to substantiate the full extent of the
opposite view entertained by many writers,— that all money contracts
indiscriminately were rescinded : against which there is also a farther reason, that, if the fact had been so,
Solon could have had no motive
to debase the money standard. Such debasement supposes that there must have
been some debtors, at least, whose contracts remained
valid, and whom, nevertheless, he desired partially to assist. His poems distinctly mention three things:
1. The removal of the mortgage
pillars.
2. The enfranchisement of the land.
3. The protection, liberation,
and restoration of the persons of endangered or enslaved debtors.
All these expressions
point distinctly to the thestes and small
proprietors, whose sufferings
and peril were the most urgent, and whose case required a remedy immediate as well as complete: we
find that his repudiation of
debts was carried far enough to exonerate them, but no farther.
It seems to have been
the respect entertained for the character of Solon which partly occasioned these various misconceptions of his ordinances for the relief of debtors
: Androtion in ancient, and
some eminent critics in modern times, are anxious to make out that he gave relief without loss or injustice
to any one. But this opinion is
altogether inadmissible : the loss to creditors, by the wholesale abrogation of
numerous preexisting contracts, and by
the partial depreciation of the coin, is a fact not to be disguised. The scisachtheia of Solon, unjust so far as it
rescinded previous agreements, but
highly salutary in its consequences, is to be vindicated by showing that in no other way could the bonds of
government have been held together, or the misery of the multitude alleviated. We are to consider, first,
the great personal cruelty of these
preexisting contracts, which condemned the body of the free debtor
and his family to slavery; next, the profound
detestation created by such a system in the large mass of the poor, against both the judges and the
creditors by whom it had been
enforced, which rendered their feelings unmanageable, so soon as they came together under the sentiment
of a common danger, and with the determination to insure to each other
mutual protection. Moreover, the
law which vests a creditor with power over the person of his
debtor, so as to convert him into a slave,
is likely to give rise to a class of loans, which inspire nothing
but abhorrence, — money lent with the foreknowledge that the borrower will be
unable to repay it, but also in the conviction
that the value of his person as a slave will make good the loss; thus reducing
him to a condition of extreme misery, for the purpose sometimes of
aggrandizing, sometimes of enriching, the lender. Now the foundation on which
the respect for contracts rests, under a
good law of debtor and creditor, is the very reverse of this; it
rests on the firm conviction that such contracts are advantageous to both
parties as a class, and that to break
up the confidence essential to their existence would produce extensive
mischief throughout all society. The man whose reverence for the obligation of
a contract is now the most profound, would
have entertained a very different sentiment if he had witnessed the dealings of
lender and borrower at Athens, under the old ante-Solonian law. The
oligarchy had tried their best to enforce this law of debtor and
creditor, with its disastrous series of
contracts, and the only reason why they consented to invoke the aid of Solon, was because they had lost
the power of enforcing it any
longer, in consequence of the newly awakened courage and combination of the people. That which they could not do for themselves, Solon could not have
done for them, even had he been
willing; nor had he in his possession the means either of exempting or compensating those creditors, who, separately taken, were open to no reproach;
indeed, in following his proceedings, we see plainly that he thought
compensation due, not to the creditors,
but to the past sufferings of the enslaved debtors,
since he redeemed several of them from foreign captivity, and brought them back to their home. It is certain that no measure, simply and exclusively prospective,
would have sufficed for the emergency: there was an absolute
necessity for overruling all that class
of preexisting rights which had produced so violent a social fever. While
therefore, to this extent, the seisachtheia cannot
be acquitted of injustice, we may confidently
affirm that the injustice inflicted was an indispensable price, paid for the maintenance of the peace of
society, and for the final abrogation of a disastrous system as regarded
insolvents. And the feeling as well as
the legislation universal in the modern European world, by interdicting beforehand all contracts for selling a
man’s person or that of his children into slavery, goes far to
sanction practically the Solonian repudiation.
One thing is never to be forgotten in regard to this
measure, combined with the concurrent amendments introduced by Solon in the
law,— it settled finally the question to which it referred. Never again do we
hear of the law of debtor and creditor as disturbing Athenian tranquility. The general sentiment which grew up at Athens, under the Solonian money-law,
and under the democratical government, was one of high respect for
the sanctity of contracts. Not
only was there never any demand in the Athenian democracy for new
tables or a depreciation of the money
standard, but a formal abnegation of any such projects was inserted in the solemn oath taken annually by
the numerous diakasts, who formed the popular judicial body,
called heliaea, or the heliastic jurors,—
the same oath which pledged them to uphold the democratical constitution, also bound them to
repudiate all proposals either for an abrogation of debts or for a redivision
of the lands. There can be little doubt that under the Solonian law, which enabled the creditor to
seize the property of his
debtor, but gave him no power over the person, the system of
money-lending assumed a more beneficial character: the old noxious contracts, mere snares for the liberty of
a poor freeman and his children,
disappeared, and loans of money took their place, founded on the
property and prospective earnings of the debtor,
which were in the main useful to both parties, and therefore maintained
their place in the moral sentiment of the public. And though Solon had found himself compelled to rescind all the mortgages on land subsisting in his time, we see
money freely lent upon this same
security, throughout the historical times of Athens, and the evidentiary mortgage pillars
remaining ever after undisturbed.
DISTINCTION BETWEEN PRINCIPAL
AND INTEREST.
In the sentiment of an early
society, as in the old Roman law, a distinction is
commonly made between the principal and the interest of a loan, though the creditors have sought to blend them indissolubly together. If the borrower cannot
fulfill his promise to repay the principal, the public will regard
him as having committed a wrong which
he must make good by his person; but there is not the same
unanimity as to his promise to pay interest: on the contrary, the very exaction of interest will be regarded by
many in the same light in which the English law considers usurious interest, as
tainting the whole transaction. But in the modern mind, principal, and interest within a limited rate, have so grown
together, that we hardly understand how it can ever have been pronounced unworthy of an honorable
citizen to lend money on interest; yet such is the declared opinion
of Aristotle, and other superior men of
antiquity; while the Roman Cato, the
censor, went so far as to denounce the practice as a heinous crime. It was comprehended by them among
the worst of the tricks of trade,
and they held that all trade, or profit derived from interchange, was
unnatural, as being made by one man at the expense of another: such
pursuits, therefore, could not be commended, though they might be tolerated to
a certain extent as matter of necessity,
but they belonged essentially to an inferior order of citizens. What is
remarkable in Greece is, that the
antipathy of a very early state of society against traders and money-lenders lasted longer among the philosophers than among the mass of the people, — it
harmonized more with the social idéal of
the former, than with the practical instincts of the latter.
In a rude condition, such as that of the ancient
Germans described by Tacitus, loans on
interest are unknown: habitually careless
of the future, the Germans were gratified both in giving and receiving presents, but without any idea that they
thereby either imposed or
contracted au obligation. To a people in this state of feeling, a
loan on interest presents the repulsive idea of making profit out of the
distress of the borrower; moreover, it is worthy of remark, that the first borrowers must have been for the most part men driven to this necessity by the
pressure of want, and contracting debt as a desperate
resource, without any fair prospect of
ability to repay: debt and famine run together, in the mind of the
poet Hesiod. The borrower is, in this unhappy state, rather a distressed man
soliciting aid, than a solvent man
capable of making and fulfilling a contract; and if he cannot find a
friend to make him a free gift in the former character, he will not, under the
latter character, obtain a loan from a stranger,
except by the promise of exorbitant interest, and by the fullest eventual power over his person which he is
in a condition to grant. In process of time a new class of
borrowers rise up, who demand money for
temporary convenience or profit, but with full prospect of
repayment, a relation of lender and borrower quite different from that of the earlier period, when it presented itself
in the repulsive form of misery on the one side, set against the prospect of very large profit on the other. If
the Germans of the time of Tacitus had looked to the condition of
the poor debtors in Gaul, reduced to servitude under a rich creditor, and swelling by hundreds the crowd of his attendants,
they would not have been
disposed to regret their own ignorance of the practice of
money-lending. How much the interest of money was then regarded as an undue profit extorted from
distress, is powerfully illustrated
by the old Jewish law; the Jew being permitted to take interest
from foreigners (whom the lawgiver did not think himself obliged to protect), but not from his own countrymen. The Koran follows out this point of
view consistently, and prohibits the taking
of interest altogether. In most other nations, laws have been made
to limit the rate of interest, and at Rome, especially, the legal rate was successively lowered, though it seems,
as might have been expected, that the restrictive ordinances were constantly
eluded. All such restrictions have been intended
for the protection of debtors; an effect which large experience proves
them never to produce, unless it be called protection
to render the obtaining of money on loan impracticable for the most
distressed borrowers. But there was another effect which they did tend to produce, they softened down the primitive antipathy against the practice
generally, and confined the odious
name of usury to loans lent above the fixed legal rate.
In this way alone could they
operate beneficially, and their tendency to counterwork the
previous feeling was at that time not unimportant,
coinciding as it did with other tendencies arising out of the industrial progress of society, which gradually exhibited the
relation of lender and borrower in a light more reciprocally beneficial, and
less repugnant to the sympathies of the bystander.
At Athens, the more favorable
point of view prevailed throughout all the historical
times,—the march of industry and commerce, under the mitigated law
which prevailed subsequently to Solon, had been sufficient
to bring it about at a very early period, and to suppress all
public antipathy against lenders at interest.
We may remark, too, that this more equitable tone of opinion
grew up spontaneously, without any legal restriction on the rate of
interest, —no such restriction having ever been imposed, and the rate being expressly declared free by a law
ascribed to Solon himself. The same may probably be said of the communities of Greece generally, at least there is no
information to make us suppose
the contrary. But the feeling against lending money at interest remained in the bosoms of the philosophical men
long after it had ceased to form a part of the practical morality of the citizens, and long after it had
ceased to be justified by the appearances of the case as at first it
really had been. Plato, Aristotle,
Cicero and Plutarch, treat the practice as a branch of that commercial and money-getting spirit
which they are anxious to
discourage; and one consequence of this was, that they were less disposed to contend strenuously for the
inviolability of existing money-contracts. The conservative feeling
on this point was stronger among the
mass than among the philosophers. Plato even complains of it as
inconveniently preponderant, and as arresting
the legislator in all comprehensive projects of reform. For the
most part, indeed, schemes of cancelling debts and redividing lands were never thought of except by men of desperate and selfish ambition, who made them
stepping-stones to despotic power.
Such men were denounced alike by the practical sense of the community and by the speculative thinkers;
but when we turn to the case of
the Spartan king Agis the Third, who proposed a complete extinction of debts and an
equal redivision of the landed property of the state, not
with any selfish or personal views, but upon pure ideas of patriotism, well or
ill understood, and for the purpose of renovating the lost ascendency of
Sparta, — we find Plutarch expressing the most unqualified admiration of this
young king and his projects, and treating the opposition made to him as originating in no better feelings
than meanness and cupidity. The philosophical thinkers on politics
conceived—and to a great degree justly, as I shall show hereafter—that the conditions of security, in the ancient world,
imposed upon the citizens generally
the absolute necessity of keeping up a military spirit and willingness to brave at all times
personal hardship and discomfort; so that increase of wealth, on
account of the habits of self-indulgence
which it commonly introduces, was regarded by them with more or less of disfavor. If in their estimation any Grecian community had become corrupt, they
were willing to sanction great interference with preexisting rights
for the purpose of bringing it back nearer
to their ideal standard : and the real security for the maintenance
of these rights lay in the conservative
feelings of the citizens generally, much more than in the opinions which superior minds imbibe from the
philosophers.
Those conservative feelings
were in the subsequent Athenian democracy peculiarly
deep-rooted: the mass of the Athenian people identified
inseparably the maintenance of property, in all its
various shapes, with that of their laws and constitution. And it is a
remarkable fact, that though the admiration entertained at Athens for Solon,
was universal, the principle of his seisachtheia, and of his money-depreciation, was not only
never imitated, but found the strongest tacit reprobation; whereas
at Rome, as well as in most of the
kingdoms of modern Europe, we know
that one debasement of the coin succeeded another, the temptation, of thus
partially eluding the pressure of financial embarrassments, proved,
after one successful trial, too strong to be resisted, and brought down the
coin by successive depreciative from the
full pound of twelve ounces
to the standard of half an ounce. It is of some importance to take notice of
this fact, when we reflect how much
“Grecian faith” has been degraded by the Roman writers into a
byword for duplicity in pecuniary dealings.
The democracy of Athens, — and, indeed, the cities of Greece generally, both oligarchies and
democracies, — stands far above the senate of Rome, and far above
the modern kingdoms of France and England,
until comparatively recent times, in
respect of honest dealing with the coinage: moreover,
while there occurred at Rome several political changes which
brought about new tables, or at least a
partial depreciation of contracts, no phenomenon of the same kind ever happened at Athens, during the three centuries between Solon and the
end of the free working of the
democracy. Doubtless there were fraudulent debtors at Athens, and
the administration of private law, though it did not in any way connive at
their proceedings, was far too imperfect
to repress them as effectually as might have been wished. But the public
sentiment on the point was just and decided, and it may be asserted
with confidence, that a loan of money
at Athens was quite as secure as it ever was at any time or place
of the ancient world,—in spite of the great and important superiority of Rome
with respect to the accumulation of a
body of authoritative legal precedent, the source of what was ultimately shaped into the Roman jurisprudence.
Among the various causes of sedition or mischief in the Grecian
communities, we hear little of the pressure of private debt.
SOLONIAN CENSUS AND LIABILITY.
By the measures of relief above described, Solon had
accomplished results surpassing his own best
hopes. He had healed the prevailing discontents; and such was the
confidence and gratitude which he had inspired, that he was now called upon to
draw up a constitution and laws for the better working of the government in future. His constitutional changes
were great and valuable:
respecting his laws, what we hear is rather curious than important.
It has been already stated
that, down to the time of Solon, the classification received in Attica was that
of the four Ionic tribes, comprising in one scale the phratries and gentes, and in another scale the three trittyes and forty-eight naukraries,—
while the eupatridae, seemingly a few
specially respected gentes, and perhaps a few distinguished families in all the gentes, had in their hands all the
powers of government. Solon introduced a new principle of classification, called, in Greek, the timocratic principle.
He distributed all the citizens of the tribes, without any reference to
their gentes or phratries, into four
classes, according to the amount of their property, which he caused to be
assessed and entered in a public
schedule. Those whose annual income was equal to five hundred medimni of
corn (about seven hundred imperial bushels) and upwards,— one medimnus being considered equivalent to
one drachma in money,—he placed in the highest class; those who received
between three hundred and five hundred medimni, or drachms, formed the second class; and those between two hundred and three hundred, the third. The
fourth and most numerous class
comprised all those who did not possess land yielding a produce equal to two hundred medimni.
The first class, called pentakosiomedimni,
were alone eligible to the archonship
and to all commands : the second were called the knights or horsemen of the state, as possessing
enough to enable them to keep a
horse and perform military service in that capacity: the third class, called the zeugitae, formed the heavy-armed
infantry, and were bound to serve, each with his full panoply. Each of these three classes was entered
in the public schedule as
possessed of a taxable capital, calculated with a certain reference to his annual income, but in a
proportion diminishing according to
the scale of that income,—and a man paid taxes to the state according to the sum for which he
stood rated in the schedule; so
that this direct taxation acted really like a graduated income-tax. The ratable property of the
citizens belonging to the
richest class, the pentakosiomedimnus, was
calculated and entered on the state-schedule at a sum of capital
equal to twelve times his annual
income: that of the hippeus, or knight, at a sum equal to ten times his annual income : that of the zeugitae,
at a sum equal to
five times his annual income. Thus a pentakosiomedimnus, whose income was exactly five hundred drachms, the minimum qualification of his class, stood rated
in the schedule for a taxable property of six thousand drachms, or
one talent, being twelve times
his income, — if his annual income were one thousand
drachms, he would stand rated
for twelve thousand drachms, or two talents, being the
same proportion of income to ratable capital. But when we pass to the second
class, or knights, the proportion of the two is changed, — the knight possessing an income
of just three hundred drachms, or three hundred medimni, would stand rated for three thousand drachms, or ten times his real income, and so in the same proportion for
any income above three hundred
and below five hundred. Again, in the third class or below three
hundred, the proportion is
a second time altered, — the zeugitae possessing
exactly two hundred drachms of income, was rated upon a still lower calculation, at one thousand
drachms, or a sum equal to five times his income; and all
incomes of this class, between
two hundred and three hundred drachms, would in like
manner be multiplied by five in order to obtain the amount of ratable capital. Upon these respective sums of. scheduled capital, all direct taxation was levied: if the state
required one per cent. of
direct tax, the poorest pentakosiomedimnus would pay (upon six thousand drachms) sixty drachms; the poorest hippeus would pay (upon
three thousand drachms) thirty; the poorest zeugitae would pay (upon one thousand drachms)
ten drachms. And thus this mode
of assessment would operate like a graduated income-tax,
looking at it in reference to the three different classes,— but as
an equal income-tax, looking at it in reference to the
different individuals comprised in one and the same class.
All persons in the state whose annual income amounted
to less than two hundred medimni, or drachms, were
placed in the fourth class, and they must have constituted the large majority
of the community. They were not liable to any direct taxation, and, perhaps,
were not at first even entered upon the taxable schedule, more especially as we
do not know that any taxes were actually levied upon this schedule during the
Solonian times. It is said that they were all called thetes,
but this appellation is not well sustained, and cannot be admitted: the fourth
compartment in the descending scale was indeed termed the thetic census,
because it contained all the thetes, and because most
of its members were of that humble description; but it is not conceivable that
a proprietor whose land yielded to him a clear annual return of one hundred,
one hundred and twenty, one hundred and forty, or one hundred and eighty drachms,
could ever have been designated by that name.
Such were the divisions in the
political scale established by Solon, called by Aristotle a timocracy, in
which the rights, honors, functions, and liabilities of the citizens were
measured out according to the assessed
property of each. Though the scale is stated as if nothing but landed property were measured by it, yet
we may rather presume that property of other kinds was intended to be included, since it served as the
basis of every man’s liability to taxation. The highest honors of the state, —that
is, the places of the nine archons annually chosen, as well as those in the senate of areopagus,
into which the past archons always entered, — perhaps also the
posts of prytines of the naukrari, — were reserved for the first class : the poor
eupatrids became ineligible; while rich men, not eupatrids, were admitted.
Other posts of inferior distinction were filled by the second and third classes, who were, moreover, bound to
military service, the one on
horseback, the other as heavy-armed soldiers on foot. Moreover, the liturgies of the state, as they were
called, unpaid functions, such as
the trierarchy, choregy, gymnasiarchy, etc., which entailed expense and
trouble on the holder of them, were distributed in some way or other between
the members of the three classes,
though we do not know how the distribution was made in these early times. On the other hand, the members of
the fourth or lowest class were disqualified from holding any individual office
of dignity, — performed no liturgies, served in case of war only as light-armed, or with a panoply provided by the state, and paid nothing to the direct
property-tax, or eisphora. It would be
incorrect to say that they paid no taxes; for indirect taxes, such as duties on imports,
fell upon them in common with the
rest; and we must recollect that these latter were, throughout a
long period of Athenian history, in steady operation, while the direct taxes were only levied on rare occasions.
FOURTH OR POOREST CLASS.
But though this fourth class, constituting the great
numerical majority of the free people,
were shut out from individual office, their
collective importance was in another way greatly increased. They were invested with the right of choosing the annual archons, out of the
class of pentakosiomedimni; and what was of more importance still, the archons and the
magistrates generally, after
their year of office, instead of being accountable to the senate of areopagus, were
made formally accountable to the public
assembly sitting in judgment upon their past conduct. They might be impeached and called upon to defend
themselves, punished in case of
misbehavior, and debarred from the nsual honor
of a seat in the senate of areopagus.
Had the public assembly been called upon to act alone,
without aid or guidance, this
accountability would have proved only nominal. But Solon converted it
into a reality by another new institution,
which will hereafter be found of great moment in the working out of
the Athenian democracy. He created the probouleutic or preconsidering senate, with intimate and especial
reference to the public assembly, — to prepare matters for its discussion, to convoke and superintend its
meetings, and to insure the execution of its decrees. This senate, as first
constituted by Solon, comprised four hundred members, taken in
equal proportions from the four tribes, —
not chosen by lot, as they will be found to be in the more advanced stage of
the democracy, but elected by the
people, in the same way as the archons then were, —persons of the
fourth or poorest class of the census, though contributing to elect, not being
themselves eligible.
But while Solon thus created the new preconsidering senate, identified with and subsidiary
to the popular assembly, he manifested no jealousy of the preexisting areopagitic senate : on the contrary, he enlarged its
powers, gave to it an ample supervision over
the execution of the laws generally, and imposed upon it the censorial duty of inspecting the lives and
occupations of the citizens, as
well as of punishing men of idle and dissolute habits. He was
himself, as past archon, a member of this ancient senate, and he is said to have contemplated that, by means
of the two senates, the
state would be held fast, as it were with a double anchor, against
all shocks and storms.
Such are the only new
political institutions, apart from the laws to
be noticed presently, which there are grounds for ascribing to Solon, when we take proper care to discriminate what really belongs to Solon and his age, from the Athenian constitution as afterwards remodelled. It has been a
practice common with many able expositors of
Grecian affairs, and followed partly, even by Dr. Thirlwall, to connect the
name of Solon with the whole political
and judicial state of Athens as it stood between the age of Perikles and that
of Demosthenes, — the regulations of
the senate of five hundred, the numerous public dikasts or
jurors taken by lot from the people, as well as the body annually
selected for law-revision, and called nomothets,
and the prosecution, called the graphé paranomon, open to be instituted against the proposer
of any measure illegal, unconstitutional, or dangerous. There is, indeed, some
countenance for this confusion
between Solonian and post-Solonian Athens, in the usage of the orators themselves; for Demosthenes
and Aeschines employ the name of Solon in a very loose manner,
and treat him as the author of
institutions belonging evidently to a later age; for example, the striking and characteristic oath
of the heliastic jurors, which Demosthenes
ascribes to Solon, proclaims itself in many ways as belonging to the age after Cleisthenes, especially by
the mention of the senate of five hundred, and not of four hundred. Among the citizens who served as jurors
or dikasts, Solon was venerated generally as the author of the Athenian laws; and the orator, therefore, might well employ
his name for the purpose of emphasis, without provoking any
critical inquiry whether the particular
institution, which he happened to be then impressing upon his audience, belonged really to Solon himself or to the subsequent periods. Many of those
institutions, which Dr. Thirlwall mentions in conjunction with the
name of Solon, are among the last refinements and elaborations of
the democratical mind of Athens, — gradually prepared,
doubtless, during the interval between Cleisthenes and Pericles,
but not brought into full operation
until the period of the latter (460-429 BC); for it is
hardly possible to conceive these numerous dikasteries and assemblies in regular, frequent, and long-standing
operation, without an assured payment to the dikasts who composed them. Now such payment first began to be made about the
time of Pericles, if not by his actual proposition; and Demosthenes
had good reason for contending that, if it were suspended, the judicial as well
as the administrative system of Athens would at once fall to pieces. And it would be a marvel, such as
nothing short of strong direct evidence would justify us in believing, that in
an age when even partial democracy was yet untried, Solon should
conceive the idea of such institutions : it
would be a marvel
still greater, that the
half-emancipated thetes and small
proprietors, for whom he legislated,—yet trembling under the rod of
the eupatrid archons, and utterly
inexperienced in collective business, — should have been found suddenly competent to fulfill these ascendant
functions, such as the citizens of conquering Athens in the days of Perikles,
— full of the sentiment of force and actively identifying
themselves with the dignity of their community, —became gradually competent, and not more than competent, to exercise
with effect. To suppose that Solon contemplated and provided for the periodical revision of his laws
by establishing a nomothetic
jury, or dikastery, such as that which we find
in operation during the time of Demosthenes, would be at variance, in my
judgment, with any reasonable estimate either of the man or of the age. Herodotus says that Solon, having
exacted from the Athenians
solemn oaths that they would not rescind any of his laws for ten years, quitted Athens for that
period, in order that he might not be compelled to rescind them
himself: Plutarch informs us that he gave to
his laws force for a century absolute. Solon himself, and Drako before
him, had been lawgivers, evoked and empowered by the special
emergency of the times; the idea of a frequent revision of laws, by a body of
lot-selected dikasts, belongs to a far more advanced age, and could not
well have been present to the
minds of either. The wooden rollers of Solon, like the tables of
the Roman decemvirs, were doubtless intended
as a permanent “fons omnis publici privatique jurist”.
SOLON FOUNDER OF ATHENIAN DEMOCRACY
If we examine the facts of the case, we shall see that
nothing more than the bare foundation
of the democracy of Athens as it stood
in the time of Pericles, can reasonably be ascribed to Solon. “I
gave to the people”, Solon says, in one of his short remaining fragments, “as much strength as sufficed
for their needs, without either
enlarging or diminishing their dignity : for those too who
possessed power and were noted for wealth, I took care that no unworthy treatment should be reserved. I
stood with the strong shield cast over both parties, so as not to
allow an unjust triumph to either”. Again, Aristotle tells us that Solon bestowed upon the people no greater measure of
power than was barely necessary,—
to elect their magistrates and to hold them to accountability : if the people had had less than this, they
could not have been expected to
remain tranquil, — they would have been in slavery and hostile to the constitution. Not less
distinctly does Herodotus speak, when he describes the revolution
subsequently operated by Cleisthenes — the
latter, he tells us, found “the
Athenian people excluded from everything”. These passages seem
positively to contradict the supposition, in itself sufficiently improbable, that Solon is the author
of the peculiar democratical institutions
of Athens, such as the constant and numerous dikasts for judicial trials and revision of laws.
The genuine and forward democratical movement
of Athens begins only with Cleisthenes,
from the moment when that distinguished Alkmaeonid, either spontaneously, or from finding himself worsted in his party strife with Isagoras,
purchased by large popular concessions the hearty cooperation of the
multitude under very dangerous circumstances. While Solon, in his own statement
as well as in that of Aristotle, gave to the people as much power as was strictly needful, but no more, — Cleisthenes
(to use the significant phrase of Herodotus), “being vanquished in the
party contest with his rival, took
the people into partnership”. It was thus to the interests
of the weaker section, in a strife of contending
nobles, that the Athenian people owed their first admission to political ascendency,— in part, at least, to
this cause, though the
proceedings of Cleisthenes indicate a hearty and spontaneous
popular sentiment. But such constitutional admission of the
people would not have been so astonishingly fruitful in positive results,
if the course of public events for the half-century after Cleisthenes had not
been such as to stimulate most powerfully their energy, their self-reliance, their mutual sympathies, and their
ambition. I shall recount in a future chapter those historical causes, which, acting upon the Athenian
character, gave such efficiency
and expansion to the great democratical impulse communicated by Cleisthenes : at present, it is
enough to remark that that impulse commences properly with
Cleisthenes, and not with Solon.
But the Solonian constitution, though only
the foundation, was yet the indispensable foundation, of the subsequent
democracy; and if the discontents of the miserable Athenian population, instead
of experiencing his disinterested and healing management, had fallen at once into the hands of selfish
power-seekers, like Kylon or
Peisistratus, the memorable expansion of the Athenian mind during the ensuing century would never have
taken place, and the whole
subsequent history of Greece would probably have taken a different course. Solon left the essential
powers of the state still in the
hands of the oligarchy, and the party combats — to be recounted
hereafter — between Peisistratus, Lycurgus, and Megakles, thirty years after his
legislation, which ended in the
despotism of Peisistratus, will appear to be of the same purely oligarchical
character as they had been before he was appointed archon. But the oligarchy which he established was very different from the unmitigated oligarchy which he
found, so teeming with
oppression and so destitute of redress, as his own poems testify.
It was he who first gave both
to the citizens of middling property and to the general
mass, a locus standi against the eupatrids; he
enabled the people partially to protect themselves, and familiarized them with
the idea of protecting themselves, by the
peaceful exercise of a constitutional franchise. The new force,
through which this protection was carried into effect, was the public assembly called heliaea, regularized and armed with enlarged
prerogatives, and farther strengthened by its indispensable ally,—the pro-bouleutic or
pre-considering senate. Under the Solonian constitution,
this force was merely secondary and defensive, but after the renovation of
Cleisthenes, it became paramount and sovereign; it branched out gradually into
those numerous popular dikasteries which so powerfully modified both public
and private Athenian life, drew to itself the undivided reverence and
submission of the people, and by degrees rendered the single magistracies essentially subordinate functions. The popular assembly as constituted by Solon,
appearing in modified efficiency, and trained to the office of reviewing and
judging the general conduct of a
past magistrate,—forms the intermediate stage between the passive Homeric agora, and those omnipotent assemblies and dikasteries which
listened to Pericles or Demosthenes.
Compared with these last, it has in it but a faint streak of
democracy, —and so it naturally appeared to Aristotle, who wrote with a
practical experience of Athens in the time of the orators; but compared with the first, or with the ante-Solonian constitution
of Attica, it must doubtless have appeared a concession eminently democratical. To impose upon the eupatrid archon the necessity of being elected, or put upon
his trial of after-accountability,
by the rabble of
freemen (such would be the phrase
in eupatrid society), would be a bitter humiliation to those among whom it was first introduced; for we
must recollect that this was the most extensive scheme of
constitutional reform yet propounded in
Greece, and that despots and oligarchies shared between them at that time the whole Grecian world.
As it appears that Solon, while
constituting the popular assembly with its pro-bouleutic senate, had no jealousy
of the senate of areopagus, and indeed even enlarged its powers, — we may
infer that his grand object was, not to weaken the oligarchy generally,
but to improve the
administration and to repress the misconduct and irregularities of
the individual archons; and that too, not by diminishing their powers, but by
making some degree of popularity the condition both of their entry into office,
and of their safety or honor after it.
It is, in my judgment, a mistake to suppose that Solon
transferred the judicial power of the archons to a popular dikastery; these
magistrates still continued self-acting judges, deciding and condemning
without appeal,— not mere presidents of an assembled jury, as they afterwards
came to be during the next century. For
the general exercise of such power they were accountable after their year of office; and this accountability was the security against abuse, — a very insufficient
security, yet not wholly
inoperative. It will be seen, however, presently, that these archons, though strong to coerce, and
perhaps to oppress, small and
poor men, had no means of keeping down rebellious nobles of their
own rank, such as Pisistratus, Lycurgus, and Megakles, each with his armed followers. When we compare the drawn swords of these ambitious competitors,
ending in the despotism of one of them, with the vehement parliamentary
strife between Themistocles and Aristides afterwards, peaceably decided by the vote of the sovereign people, and
never disturbing the public
tranquility, we shall see that the democracy of the ensuing century fulfilled
the conditions of order, as well as of progress, better than the Solonian constitution.
To distinguish this Solonian constitution
from the democracy which followed it, is essential to a due comprehension of
the progress of the Greek mind, and especially of Athenian affairs. That
democracy was achieved by gradual steps, which will he hereafter described: Demosthenes and Aeschines lived under it as a system
consummated and in full activity, when the stages of its previous growth were no longer matter of exact
memory; and the dikasts then assembled in
judgment were pleased to hear the
constitution to which they were attached identified with the names either of Solon, or of Theseus, to
which they were no less partial.
Their inquisitive contemporary Aristotle was not thus misled : but even the most common-place
Athenians of the century preceding would
have escaped the same delusion. For
during the whole course of the democratical movement from the Persian invasion down to the
Peloponnesian war, and especially
during the changes proposed by Pericles and Ephialtes, there was
always a strenuous party of resistance, who would not suffer the people to forget that they had already forsaken, and were on the point of forsaking still more, the
orbit marked out by Solon. The illustrious Pericles underwent
innumerable attacks both from the
orators in the assembly and from the comic writers in the theatre; and among
these sarcasms on the political tendencies of the day, we are probably to
number the complaint breathed by
the poet Kratinus, of the desuetude into which
both Solon and Drako had
fallen. “I swear”, said he, in a fragment of one of his comedies, “by Solon and Drake, whose wooden tablets (of laws) are now employed by people to
roast their barley”. The laws of
Solon respecting penal offences, respecting inheritance and adoption,
respecting the private relations generally,
etc., remained for the most part in force; his quadripartite census
also continued, at least for financial purposes until the archonship of Nausinikus in
377 BC; so that Cicero and others might be warranted in affirming
that his laws still prevailed at
Athens : but his political and judicial arrangements had undergone a revolution not less complete and
memorable than the character and spirit of the Athenian people
generally. The choice, by way of lot,
of archons and other magistrates, and the distribution by lot of
the general body of dikasts or jurors
into pannels for judicial business, may be decidedly
considered as not belonging to
Solon, but adopted after the revolution of Kleisthenes; probably, the choice of senators by lot also. The lot was a symptom of pronounced democratical spirit, such as we must not
seek in the Solonian institutions.
It is not easy to make out distinctly what was the
political position of the ancient gentes and phratries, as Solon left them. The
four tribes consisted altogether of gentes and phratries,
insomuch that no one could be included in any
one of the tribes who was not
also a member of some gens and phraty. Now
the new pro-bouleutic or preconsiderate senate consisted of four hundred members,—one hundred from each of the tribes
: persons not included in any gens or phratry could
therefore have had no access to it. The
conditions of eligibility were similar, according to ancient custom, for the nine archons,—of
course, also, for the senate of areopagus.
So that there remained only the public assembly,
in which an Athenian not a member of these tribes could take part : yet he was a citizen, since he could
give his vote for archons and senators, and could take part in the
annual decision of their accountability, besides being entitled to claim
redress for wrong from the archons in
his own person, — while the alien could only do so through the intervention of
an avouching citizen, or prostates.
It seems, therefore, that all persons not included in the four tribes, whatever
their grade of fortune might be, were on
the same level in respect to political privilege as the fourth and
poorest class of the Solonian census. It has already been remarked that, even before the time of Solon, the
number of Athenians not included in the gentes or phratries was
probably considerable: it tended to become
greater and greater, since these bodies were close and unexpansive,
while the policy of the new lawgiver tended to invite industrious settlers from
other parts of Greece to
Athens. Such great and increasing inequality of political
privilege helps to explain the weakness of the government in
repelling the aggressions of
Peisistratus, and exhibits the importance of the revolution afterwards wrought by
Cleisthenes, when he abolished (for all political purposes) the four old tribes, and
created ten new comprehensive tribes in place of them.
In regard to the regulations
of the senate and the assembly of the people, as constituted by Solon, we are
altogether without information : nor is it safe to transfer to the Solonian constitution the information, comparatively ample, which we
possess respecting these bodies under the later democracy.
The laws of Solon were inscribed on wooden rollers and triangular tablets, in the species of writing called boustrophedon (lines alternating first from left to right, and next from right to left, like the course of the ploughman), and preserved first
in the acropolis, subsequently in the prytaneium.
On the tablets, called kyrbeis, were chiefly commemorated the laws respecting
sacred rites and sacrifices : on
the pillars, or rollers, of which there were at least sixteen, were
placed the regulations respecting matters profane. So small are the fragments which have come down to us, and so much has been ascribed to Solon by the
orators, which belongs really to
the subsequent times, that it is hardly possible to form any critical judgment respecting the
legislation as a whole, or to
discover by what general principles or purposes be was guided.
He left unchanged all the
previous laws and practices respecting the crime of homicide,
connected as they were intimately with the
religious feelings of the people. The laws of Drako on this subject
therefore remained, but on other subjects, according to Plutarch, they were
altogether abrogated : there is, however, room for supposing, that the repeal
cannot have been so sweeping as this biographer represents.
PROHIBITIONS OF SOLON
The Solonian laws
seem to have borne more or less upon all the great departments of human
interest and duty. We find regulations political and religious, public and
private, civil and criminal, commercial, agricultural, sumptuary, and
disciplinarian. Solon provides
punishment for crimes, restricts the profession and status of the citizen, prescribes detailed rules
for marriage as well as for
burial, for the common use of springs and wells, and for the mutual
interest of conterminous farmers in planting or hedging their properties. As
far as we can judge, from the imperfect
manner in which his laws come before us, there does not seem to have been any attempt at a systematic order
or classification. Some of them are
mere general and vague directions, while others again run into the extreme of specialty.
By far the most important of
all was the amendment of the law of debtor and creditor which has already been
adverted to, and the abolition of the power
of fathers and brothers to sell their daughters and sisters
into slavery. The prohibition of all contracts
on the security of the body, was itself sufficient to produce a vast improvement in the character and condition of the poorer population, — a result which seems to have been so sensibly obtained from the legislation of Solon, that Boeckh and some other eminent authors suppose him to have abolished villenage and
conferred upon the poor tenants a property in their lands, annulling the seignorial rights of the
landlord. But this opinion rests
upon no positive evidence, nor are we warranted in ascribing to him any stronger measure in reference to the
land, than the annulment of the
previous mortgages.
The first pillar of his laws
contained a regulation respecting exportable
produce. He forbade the exportation of all produce of the
Attic soil, except olive-oil alone, and the sanction employed to enforce observance of this law deserves notice, as an illustration of the ideas of the time; — the archon was bound, on pain of forfeiting one hundred drachms, to pronounce solemn curses against every offender. We are probably to take this prohibition in conjunction with other objects said to have been contemplated by
Solon, especially the encouragement of artisans and manufacturers at Athens. Observing, we are told, that many new emigrants were
just then flocking into Attica to seek an establishment, in consequence of its greater security, he was anxious to turn them rather to manufacturing
industry than to use cultivation of a soil naturally poor. He forbade the granting
of citizenship to any emigrants, except such as had quitted irrevocably their former abodes, and come to
Athens for the purpose of carrying on
some industrious profession; and in order to prevent idleness, he directed the senate of areopagus to keep watch over the lives of the citizens generally, and punish every one who had no course of regular labor to support him.
If a father had not taught his
son some art or profession, Solon relieved the son from all obligation to maintain him in his old age. And it
was to encourage the multiplication of these artisans, that he insured, or
sought to insure, to the residents in Attica a monopoly of all its landed produce except olive-oil, which was raised
in abundance more than
sufficient for their wants. It was his wish that the trade with foreigners
should be carried on by exporting the produce of artisan labor,
instead of the produce of land.
This commercial prohibition is founded on principles
substantially similar to those which were
acted upon in the early history of
England, with reference both to corn and to wool, and in other European countries also. In so far as it was at
all, operative, it tended to lessen the total quantity of produce raised upon
the soil of Attica, and thus to keep the price of it from rising, —
a purpose less objectionable — if we
assume that the legislator is to
interfere at all —than that of our late Corn Laws, which were destined to prevent the price of grain from
falling. But the law of Solon must have been altogether inoperative, in
reference to the great articles
of human subsistence; for Attica imported, both largely and constantly, grain and salt provisions,
— probably, also, wool and flax for the spinning and weaving of the
women, and certainly timber for building. Whether the law was ever enforced
with reference to figs and honey, may well be doubted; at least these productions of Attica were in
after-times generally consumed
and celebrated throughout Greece. Probably also, in the time of Solon, the silver-mines of Laureium had hardly begun to be worked :
these afterwards became highly productive, and furnished to Athens a commodity
for foreign payments not less convenient than lucrative.
It is interesting to
notice the anxiety, both of Solon and of Drake, to
enforce among their fellow-citizens industrious and self-maintaining habits and we shall find the same sentiment proclaimed by Pericles,
at the time when Athenian power was at its maximum. Nor
ought we to pass over this early manifestation in Attica, of an opinion
equitable and tolerant towards sedentary industry,
which in most other parts of Greece was regarded as comparatively
dishonorable. The general tone of Grecian sentiment recognized no occupations
as perfectly worthy of a free citizen
except arms, agriculture, and athletic and musical exercises; and the
proceedings of the Spartans, who kept aloof even from agriculture, and left it to their Helots, were admired,
though they could not be copied throughout most part of the
Hellenic world. Even minds like Plato,
Aristotle, and Xenophon concurred to
a considerable extent in this feeling, which they justified on the
ground that the sedentary life and unceasing house-work of the artisan was inconsistent with military
aptitude: the town-occupations are
usually described by a word which carries with it contemptuous ideas, and though recognized as
indispensable to the existence of the city, are held suitable only for an
inferior and semi-privileged order of citizens. This, the received
sentiment among Greeks, as well
as foreigners, found a strong and growing opposition at Athens, as I
have already said, —
corroborated also by a similar
feeling at Corinth. The trade of
Corinth, as well as of Chalcis
in Euboea, was extensive, at a time when that of Athens had scarce any existence. But while the despotism of Periander can hardly have failed to operate as a
discouragement to industry at Corinth, the contemporaneous legislation
of Solon provided for traders and artisans a new home at Athens, giving the first encouragement to that numerous town-population both in the city and in the Piraeus, which we find
actually residing there in the
succeeding century. The multiplication of such town-residents, both citizens and metics, or non-freemen, was a
capital fact in the onward
march of Athens, since it determined not merely the extension of her trade, but also the preeminence of her naval force, — and thus, as a farther consequence,
lent extraordinary vigor to her democratical government.
It seems, moreover, to have been a
departure from the primitive temper of Atheism, which tended both to cantonal
residence and rural occupation. We
have, therefore, the greater interest in noting the first
mention of it as a consequence of the Solonian legislation.
To Solon is first owing the admission of a power of testamentary bequest at
Athens, in all cases in which a man had no legitimate children. According to
the preexisting custom, we may rather
presume that if a deceased person left neither children nor blood
relations, his property descended, as at Rome, to his gens and phratry.
Throughout most rude states of society, the power of willing is unknown, as among the ancient Germans, —among
the Romans prior to the twelve tables, —in the old lawn of the Hindus, etc. Society limits a man’s
interest or power of enjoyment
to his life, and considers his relatives as having joint reversionary claims to
his property, which take effect, in certain determinate
proportions, after his death; and this view was the more likely to prevail at Athens, inasmuch as the
perpetuity of the family sacred rites, in which the children and
near relatives partook of right, was
considered by the Athenians as a matter of public as well as of private concern. Solon gave permission to every man dying without children to bequeath his
property by will as he should
think fit, and the testament was maintained, unless it could be shown to have been procured by some
compulsion or improper seduction.
Speaking generally, this continued to be the law throughout the historical times of Athens. Sons, wherever there were sons, succeeded to the property of
their father in equal shares, with the obligation of giving out
their sisters in marriage along with a
certain dowry. If there were no sons, then the daughters succeeded,
though the father might by will, within certain limits, determine the person to
whom they should be married, with their rights of succession attached to them;
or might, with the consent of his
daughters, make by will certain other arrangements about his
property. A person who had no children, or direct lineal descendants, might
bequeath his property at pleasure: if he died
without a will, first his father, then his brother or brother’s
children, next his sister or sister's children
succeeded: if none such existed, then the cousins by the father’s
side, next the cousins by the mother’s side, — the male line of descent having preference over the female.
Such was the principle of the Solonian laws of
succession, though the particulars are in several ways obscure and doubtful.
Solon, it appears, was the first who
gave power of superseding by testament the rights of agnates and gentiles to succession, —a proceeding in consonance with his plan of encouraging both
industrious occupation and the
consequent multiplication of individual acquisitions.
It has been already mentioned that Solon forbade the
sale of daughters or sisters into
slavery, by fathers or brothers,— a prohibition which shows how much females had before been looked upon as articles of property. And it would seem that
before his time the violation of a free woman must have been
punished at the discretion of the
magistrates; for we are told that he was the first who enacted a penalty of one hundred drachms
against the offender, and twenty
drachms against the seducer of a free woman. Moreover, it is said that he forbade a bride
when given in marriage to carry
with her any personal ornaments and appurtenances, except to the
extent of three robes and certain matters
of furniture not very valuable. Solon farther imposed upon women
several restraints in regard to proceedings at the obsequies of deceased
relatives : he forbade profuse demonstrations of sorrow, singing of composed
dirges, and costly sacrifices and
contributions; he limited strictly the quantity of meat and drink admissible for the funeral banquet, and
prohibited nocturnal exit,
except in a car and with a light. It appears that both in Greece
and Rome, the feelings of duty and affection on the part of surviving relatives prompted them to ruinous
expense in a funeral, as well as
to unmeasured effusions both of grief and conviviality; and the
general necessity experienced for interference
of the law is attested by the remark of Plutarch, that similar
prohibitions to those enacted by Solon were likewise in force at his native
town of Chaeronea.
SOLON'S REWARDS TO THE OLYMPIC
VICTORS.
Other penal enactments of
Solon are yet to be mentioned. He forbade
absolutely evil-speaking with respect to the dead: he forbade it likewise
with respect to the living, either in a temple or before judges or archons, or at any public festival,—on pain of a forfeit of three drachms to the person
aggrieved, and two more to the public treasury. How mild the general character
of his punishments was, may be judged by this law against
foul language, not less than by the law
before mentioned against rape:
both the one and the other of these offences were much more
severely dealt with under the subsequent law of democratical Athens. The peremptory edict against speaking ill of a deceased person, though doubtless springing in a
great degree from disinterested
repugnance, is traceable also in part to that fear of the wrath of
the departed which strongly possessed the early Greek mind.
It seems generally that Solon
determined by law the outlay for the public sacrifices,
though we do not know what were his particular directions: we are told that he
reckoned a sheep and a medimnus (of wheat or
barley?) as equivalent, either of them, to a drachm, and that he also prescribed the prices to be paid for
first-rate oxen intended for solemn occasions. But it astonishes us to see the large recompense which he awarded out
of the public treasury to a victor at the Olympic or Isthmian games : to
the former five hundred drachms, equal to one year’s income of the highest of
the four classes on the census ; to the latter one hundred drachms. The magnitude of these rewards strikes us
the more when we compare them with the fines on rape and evil speaking; and we cannot be surprised that the
philosopher Xenophanes noticed, with some degree of severity, the
extravagant estimate of this species of excellence, current among the Grecian cities. At the same time, we must remember
both that these Pan-Hellenic
sacred games presented the chief visible evidence of peace and
sympathy among the numerous communities of Greece, and that in the time of
Solon, factitious reward was still needful to encourage them. In respect to
land and agriculture, Solon proclaimed a
public reward of five drachms for every wolf brought in, and one
drachm for every wolf’s cub : the extent
of wild land has at all times been considerable in Attica. He also provided rules respecting the use
of wells between neighbors, and
respecting the planting in conterminous olive-grounds. Whether any
of these regulations continued in operation during the better-known period of
Athenian history cannot be safely affirmed.
In respect to theft, we find it stated that Solon
repealed the punishment of death
which Drako had annexed to that crime,
and enacted as a penalty,
compensation to an amount double the value of the property stolen. The simplicity of this law perhaps afford ground for presuming that it really does belong
to Solon, but the law which
prevailed during the time of the orators respecting thefts must have been introduced at some later
period, since it enters into
distinctions and mentions both places and forms of procedure, which
we cannot reasonably refer to the 46th Olympiad.
The public dinners at the prytaneium, of which
the archons and a select few
partook in common, were also either first established, or perhaps only more strictly regulated, by Solon:
he ordered barley cakes for their ordinary meals, and wheaten loaves for
festival days, prescribing how often each per son should dine at the table. The honor of dining at the table of
the prytaneium was maintained throughout as
a valuable reward at the disposal of the government.
Among the various laws of Solon, there are few which
have attracted more notice than that
which pronounces the man, who in a
sedition stood aloof and took part with neither side, to be dishonored and disfranchised. Strictly speaking, this
seems more in the nature of an emphatic moral denunciation, or a
religious curse, than a legal
sanction capable of being
formally applied in an individual case and after judicial trial,
—though the sentence of atimy,
under the more elaborated Attic procedure, was both definite in its penal consequences and also
judicially delivered. We
may, however, follow the course
of ideas under which Solon was induced to write this sentence on his tables,
and we may trace the influence of
similar ideas in later Attic institutions. It is obvious that his denunciation is confined to that special case in which a
sedition has already broken out : we must suppose that Nylon has
seized the acropolis, or that Peisistratus, Megakles, and Lycurgus are in arms at the head of their
partisans. Assuming these leaders to be wealthy and powerful men, which
would in all probability be the fact, the constituted authority —such as Solon saw before him in Attica, even after
his own organic amendments—was not
strong enough to maintain the peace
; it became, in fact, itself one of the contending parties. Under such given circumstances, the sooner every
citizen publicly declared his adherence to some one of them, the earlier this
suspension of legal authority was
likely to terminate. Nothing was so mischievous as the indifference
of the mass, or their disposition to let the
combatants fight out the matter among themselves, and then to
submit to the victor : nothing was so likely to encourage aggression on the part of an ambitious malcontent, as the
conviction that, if he could once overpower the small amount of physical
force which surrounded the archons and exhibit himself in armed possession of the prytaneium or the acropolis, he might immediately
count upon passive submission on the part of all the freemen
without. Under the state of feeling which Solon inculcates, the insurgent leader would have to calculate that every man who was not actively in
his favor would be actively against him, and this would render his enterprise much more dangerous; indeed, he could then never hope to succeed except
on the double supposition of extraordinary popularity in his own
person, and universal detestation of the existing government. He would
thus be placed under the influence of
powerful deterring motives, and mere
ambition would be far less likely to seduce him into a course which threatened nothing but ruin, unless under
such encouragements from the preexisting public opinion as to make his
success a result desirable for the community. Among the small political societies of Greece, — and especially in the age
of Solon, when the number of
despots in other parts of Greece seems to have been at its
maximum,— every government, whatever might be its form, was sufficiently
weak to make its overthrow a matter of comparative facility. Unless upon
the supposition of a band of foreign mercenaries,
— which would render it a government of naked force, and which the Athenian
lawgiver would of course never contemplate,—there was no other
stay for it except a positive and pronounced
feeling of attachment on the part of the mass of citizens: indifference on their part would render them a
prey to every daring man of wealth who chose to become a
conspirator. That they should be ready
to come forward not only with voice but with arms, —and that they should be known beforehand to be
so, — was essential to the maintenance of every good Grecian government. It was salutary in preventing mere personal
attempts at revolution, and
pacific in its tendency, even where the revolution had actually broken out, — because, in the greater
number of cases, the proportion of partisans
would probably be very unequal, and the inferior
party would be compelled to renounce their hopes.
It will be observed that in
this enactment of Solon, the existing government is ranked
merely as one of the contending parties. The virtuous citizen is enjoined not to come forward in its support, but to come forward
at all events, either for it or against it : positive and early action is all that is proscribed to him as matter
of duty. In the age of Solon, there was no political idea or system yet current which could
be assumed as an unquestionable datum, — no conspicuous standard to which
the citizens could be pledged under all circumstances to attach themselves. The option lay only between a mitigated oligarchy in
possession and a despot in possibility; a contest wherein the
affections of the people could rarely be counted upon in favor of
the established government. But this neutrality in respect to the
constitution was at an end
after the revolution of Cleisthenes, when the idea of the sovereign people and the democratical institutions became
both familiar and precious to every individual citizen. We shall hereafter find the Athenians binding themselves by the most sincere and solemn oaths to uphold their democracy
against all attempts
to subvert it; we shall discover in them a sentiment not less positive and
uncompromising in its direction, than energetic in its inspirations. But while
we notice this very important change in their character, we shall
at the same time perceive that the
wise precautionary recommendation of Solon, to obviate sedition by an early declaration of the impartial public between two contending leaders, was not lost upon them. Such, in point of fact, was the purpose of that salutary and
protective institution which is
called Ostracism. When two party-leaders, in the early stages of the Athenian democracy, each
powerful in adherents and influence, had become passionately embarked in
bitter and prolonged opposition to
each other, such opposition was likely to conduct one or other to violent measures. Over and above the hopes
of party triumph, each might well fear that if he himself continued within the bounds of legality, he might
fall a victim to aggressive
proceedings on the part of his antagonists. To ward off this
formidable danger, a public vote was called for to determine which of the two
should go into temporary banishment, retaining
his property and unvisited by any disgrace. A number of citizens,
not less than six thousand, voting secretly and therefore independently, were required to take part, pronouncing upon one
or other of these eminent rivals a sentence of exile for ten years: the one who remained became of course more
powerful, yet less in a
situation to be driven into anticonstitutional courses,
than he was before. I shall in a future chapter speak again of this wise precaution, and vindicate it against some
erroneous interpretations to which
it has given rise; at present, I merely notice its analogy with the
previous Solonian law, and its tendency to accomplish the same purpose of terminating a fierce
party-feud by artificially calling
in the votes of the mass of impartial citizens against one or other of the
leaders, — with this important difference, that while Solon assumed the hostile
parties to be actually in arms, the ostracism averted that grave
public calamity by applying its remedy to the premonitory symptoms.
I have already considered, in
a previous chapter, the directions given by
Solon for the more orderly recital of the Homeric poems ;
and it is curious to contrast his reverence for the old epic with the
unqualified repugnance which he manifested towards Thespis and the drama, — then just nascent, and holding out little
promise of its subsequent excellence. Tragedy and comedy were now beginning to
be grafted on the lyric and choric song. First,
one actor was provided to relieve the chorus,— subsequently, two actors were introduced to sustain
fictitious characters and carry
on a dialogue, in such manner that the songs of the chorus and the interlocution of the. actors
formed a continuous piece. Solon, after having heard Thespis acting
(as all the early composers did, both
tragic and comic) in his own comedy, asked him afterwards if he was not ashamed to pronounce such falsehoods before
so large an audience. And when Thespis answered that there was no harm in saying and doing such
things merely for amusement, Solon indignantly exclaimed, striking
the ground with his stick, “If once we come to praise and esteem such amusement
as this, we shall quickly find the effects of it in our daily transactions”. For the authenticity of this
anecdote it would be rash to vouch,
but we may at least treat it as the protest of some early philosopher against the deceptions of the drama; and it is interesting, as marking the
incipient struggles of that literature in which Athens afterwards
attained such unrivalled excellence.
It would appear that all the laws of Solon were
proclaimed, inscribed, and accepted
without either discussion or resistance. He is said to have described them, not as the best laws which he could himself have imagined, but as the best which
he could have induced the people to accept; he gave them validity
for the space of ten years, for which period both the senate collectively and the archons individually swore to observe
them with fidelity, under penalty, in case of non-observance, of a
golden statue, as large as life, to be
erected at Delphi. But though the acceptance of the laws was
accomplished without difficulty, it was not found so easy either for the people to understand and obey, or for the framer to explain them. Every day, persons came to
Solon either with praise, or
criticism, or suggestions of various improvements, or questions as to the construction of particular enactments; until at last he became tired of this
endless process of reply and vindication, which was seldom
successful either in removing obscurity or in satisfying complainants.
Foreseeing that, if he remained, he
would be compelled to make changes, he obtained leave of absence from his countrymen for ten
years, trusting that before the expiration of that period they would have
become accustomed to his laws. He
quitted his native city, in the full certainty that his laws would
remain unrepealed until his return; for, says Herodotus, “the
Athenians could not repeal them, since they were bound by solemn oaths to observe them
for ten years”. The unqualified
manner in which the historian here speaks of an oath, as if it created a sort
of physical necessity, and shut out all possibility of a contrary result, deserves notice as illustrating Grecian
sentiment.
SOLON QUITS HIS NATIVE CITY
On departing from Athens,
Solon first visited Egypt, where he communicated
largely with Psenophis of Heliopolis
and Sonchis of Sais, Egyptian priests, who
had much to tell respecting their ancient history, and from whom lie learned
matters, real or pretended, far transcending in alleged antiquity the oldest
Grecian genealogies, — especially the
history of the vast submerged island of Atlantis, and the war which the
ancestors of the Athenians had successfully carried on against it, nine
thousand years before. Solon is said to have commenced an epic poem upon this
subject, but he did not live to finish
it, and nothing of it now remains. From Egypt he went to Cyprus, where he visited the small town of Aercia, said to
have been originally founded by Demophon, son of Theseus; it was then under the dominion of
the prince Philokyprus,— each town in Cyprus having its own petty
prince. It was situated near the
river Klarius, in a position precipitous and
secure, but inconvenient and ill-supplied; and Solon persuaded Philokyprus to quit the old site, and establish a new town
down in the fertile plain beneath. He himself stayed and became oekist of the new establishment, making all the
regulations requisite for its
safe and prosperous march, which was indeed so decisively manifested that many
new settlers flocked into the new plantation,
called by Philokyprus Soli, in honor of
Solon. To our deep
regret, we are not permitted to know what these regulations were; but the general fact is attested by the poems of Solon
himself, and the lines, in which be bade farewell to Philokyprus on quitting the island, are yet before us. On the dispositions
of this prince, his poem bestowed unqualified commendation.
Besides his visit to Egypt and Cyprus, a story was
also current of his having conversed
with the Lydian king Croesus, at Sardis; and the communication said
to have taken place between them, has
been woven by Herodotus into a sort of moral tale, which forms one of the most beautiful episodes in his
whole history. Though this tale has been told and retold as if it
were genuine history, yet, as it now
stands, it is irreconcilable with chronology, — although, very possibly, Solon may at some time
or other have visited Sardis, and seen Croesus as hereditary
prince.
But even if no chronological objections existed, the
moral purpose of the tale is so prominent,
and pervades it so systematically,
from beginning to end, that these internal grounds are of themselves sufficiently strong to impeach its
credibility as a matter of fact,
unless such doubts happen to be outweighed—which in this case they are not— by good contemporary testimony. The narrative of Solon and Croesus can be
taken for nothing else but an
illustrative fiction, borrowed by Herodotus from some philosopher, and clothed in his own peculiar beauty of expression, which on this occasion is more
decidedly poetical than is
habitual with him. I cannot
transcribe, and I hardly
dare to abridge it. The
vainglorious Croesus, at the summit of his conquests and his riches, endeavors to win from his visitor Solon an opinion that he is the happiest of mankind. The
latter, after having twice preferred to him modest and meritorious
Grecian citizens, at length reminds him
that his vast wealth and power are of a tenure too precarious to
serve as an evidence of happiness, that the
gods are jealous and meddlesome, and often make the show of
happiness a mere prelude to extreme disaster, and that no man’s life can be called happy until the whole of it has been played out, so that it may be seen to
be out of the reach of reverses.
Croesus treats this opinion as absurd, but “a great judgment from
God fell upon him, after Solon was departed, —probably (observes Herodotus)
because he fancied himself the happiest
of all men.” First, he lost his favorite son Atys,
a brave and intelligent youth,—
his only other son being dumb. For
the Mysians of Olympus, being ruined by a
destructive and formidable wild boar which they were unable to
subdue, applied for aid to Croesus, who sent to the spot a chosen hunting
force, and permitted, though with great
reluctance, in consequence of an
alarming dream, — that his favorite son should accompany them. The young prince was unintentionally slain
by the Phrygian exile Adrastus, whom
Croesus had sheltered and protected; and he had hardly recovered from the anguish of this misfortune, when
the rapid growth of Cyrus and the Persian power induced him to go to war with
them, against the advice of his wisest counselors.
After a struggle of about three years he was completely defeated, his
capital Sardis taken by storm, and himself made prisoner. Cyrus ordered a large pile to be prepared, and placed upon it Croesus
in fetters, together with fourteen young Lydians, in the intention of burning them alive, either as a religious
offering, or in fulfillment of a vow, “or perhaps (says Herodotus) to see whether some of the gods would not
interfere to rescue a man so
preeminently pious as the king of Lydia”. In this sad extremity,
Croesus bethought him of the warning which he had before despised, and thrice pronounced, with a deep groan, the name of Solon. Cyrus desired the interpreters
to inquire whom he was invoking,
and learned in reply the anecdote of the Athenian lawgiver,
together with the solemn memento which lie bad offered to Croesus during more prosperous days, attesting the frail tenure of all human
greatness. The remark sunk deep
into the Persian monarch, as a token of what might happen to himself : he repented of his purpose, and
directed that the pile, which had already
been kindled, should be immediately extinguished. But the orders came too late; in spite of the
most zealous efforts of the
bystanders, the flame was found unquenchable, and Croesus would
still have been burned, had he not implored with prayers and tears the succor of Apollo, to whose Delphian
and Theban temples he had given
such munificent presents. His prayers were heard, the fair sky was
immediately overcast, and a profuse rain descended, sufficient to extinguish
the flames. The life of Croesus was thus saved, and he became afterwards the
confidential friend and adviser of his conqueror.
RETURN OF SOLON TO ATHENS
Such is the brief outline of a narrative which
Herodotus has given with full
development and with impressive effect. It would have served as a
show-lecture to the youth of Athens, not less admirably than the well-known
fable of the Choice of Heracles, which the philosopher Prodikus,
a junior contemporary of Herodotus, delivered with so much popularity. It illustrates forcibly the religious and ethical ideas of antiquity; the deep sense of the jealousy of the gods, who would not endure
pride in any one except themselves; the impossibility, for any man,
of realizing to himself more than a very moderate share of
happiness; the danger from reactionary
nemesis, if at any time he had over-passed
such limit; and the necessity of calculations taking in the whole of life, as a basis for
rational comparison of different
individuals; and as a practical
consequence from these
feelings, a constant protest on the part of the moralists against
vehement impulses and unrestrained aspirations. The more valuable this
narrative appears, in its illustrative character, the less can we presume to
treat it as a history.
It is much to be regretted that we have no information
respecting events in Attica immediately after the Solonian laws
and constitution, which were
promulgated in 594 BC, so as to understand better the practical effect of these changes. What we next hear respecting Solon in
Attica refers to a period immediately preceding the first usurpation of
Peisistratus in 560 BC, and after
the return of Solon from his long absence. We are here again
introduced to the same oligarchical dissensions as are reported to have prevailed before the Solonian legislation
: the pedieis, or opulent proprietors of the plain round
Athens, under Lycurgus; the parali of the south of Attica, under Megakles: and
the diakrii, or mountaineers of the
eastern cantons, the poorest of the
three classes, under Peisistratus, are in a state of violent intestine dispute. The account of Plutarch
represents Solon as returning to Athens during the height of this
sedition. He was treated with respect by all parties, but his recommendations were no longer obeyed, and he was
disqualified by age from acting
with effect in public. He employed his best efforts to mitigate
party animosities, and applied himself particularly to restrain the ambition of
Peisistratus, whose ulterior projects he quickly detected.
The future greatness of Peisistratus is said to have
been first portended by a miracle which
happened, even before his birth, to
his father Hippokrates at the Olympic
games. It was realized, partly by his bravery and conduct, which
had been displayed in the capture
of Nisaea from the Megarians, — partly
by his popularity of speech and manners, his championship of the
poor, and his ostentatious disavowal
of all selfish pretensions,— partly by an artful mixture of stratagem and force. Solon, after having
addressed fruitless remonstrances to Peisistratus himself,
publicly denounced his designs
in verses addressed to the people. The deception, whereby Peisistratus finally accomplished his design, is memorable in Grecian tradition. He appeared one
day in the agora of Athens in
his chariot with a pair of mules: he had intentionally wounded both his person
and the mules, and in this condition
he threw himself upon the compassion and defence of the people, pretending that his political enemies had
violently attacked him. He implored the
people to grant him a guard, and at the moment when their
sympathies were freshly aroused both
in his favor and against his supposed assassins, Aristo proposed formally to the ekklesia,—
the pro-bouleutic senate, being composed of friends of Peisistratus, had previously
authorized the
proposition, — that a company of fifty club-men should be assigned as a permanent
body-guard for the defence of Peisistratus. To this motion Solon opposed
a strenuous resistance, but found himself overborne, and even treated as if he
had lost his senses. The poor were earnest in favor of it, while the rich
were afraid to express their dissent; and
he could only comfort himself, after the fatal vote had been passed, by
exclaiming that he was wiser than the
former and more determined than the latter. Such was one of the
first known instances in which this memorable stratagem was played of against the liberty of a Grecian community.
The unbounded popular favor which had procured the
passing of this grant, was still farther manifested by the absence of all
precautions to prevent the limits of the grant from being exceeded.
The number of the body-guard was not long confined to fifty, and probably their clubs were soon
exchanged for sharper weapons.
Peisistratus thus found himself strong enough to throw of the mask and seize the
acropolis. His leading opponents, Megakles and
the Alkmaeonids, immediately fled the
city, and it was left to the venerable age and undaunted
patriotism of Solon to stand forward almost alone in a vain attempt
to resist the usurpation. He publicly presented himself in the market-place,
employing encouragement, remonstrance, and reproach, in order to rouse the spirit of the people. To prevent this
despotism from coming, he told them would have been easy; to shake it off now was more difficult, yet at
the same time more glorious. But he spoke in vain; for all who were not
actually favorable to Peisistratus listened
only to their fears, and remained passive; nor did any one join Solon, when, as a last appeal, he
put on his armor and planted himself in military posture before the
door of his house. “I have
done my duty, he exclaimed at length; I have sustained to the best of
my power my country and the laws”; and he then renounced all farther hope of
opposition, - though resisting the
instances of his friends that he should flee, and returning for
answer, when they asked him on what he relied for protection, “On my old age”.
Nor did he even think it necessary to repress the inspirations of his Muse:
some verses yet remain, composed seemingly at a moment when the strong
hand of the new despot had begun to make
itself sorely felt, in which he tells his countrymen: “If ye have endured
sorrow from your own baseness of
soul, impute not the fault of this to the gods. Ye have yourselves put force
and dominion into the hands of these
men, and have thus drawn upon yourselves wretched slavery”.
DEATH OF SOLON.
It is gratifying to learn that Peisistratus, whose
conduct throughout his despotism was
comparatively mild, left Solon untouched.
How long this distinguished man survived the practical subversion of his own constitution, we cannot certainly determine; but according to the most probable
statement he died the very next year, at the advanced age of
eighty.
We have only to regret that we are deprived of the
means of following more in detail his
noble and exemplary character. He represents
the best tendencies of his age, combined with much that is
personally excellent; the improved ethical sensibility; the thirst for enlarged
knowledge and observation, not less potent in old age than in youth; the conception of regularized popular
institutions, departing sensibly from the type and spirit of the governments around him, and calculated to found a
new character in the
Athenian people; a genuine and reflecting sympathy with the mass of the poor,
anxious not merely to rescue
them from the oppressions
of the rich, but also to create in them habits of self-relying industry; lastly,
during his temporary possession of a power altogether arbitrary, not
merely an absence of all selfish ambition,
but a rare discretion in seizing the mean between conflicting exigencies. In reading his poems we must always recollect that what now
appears common-plate was once new, so that to his comparatively unlettered age, the social pictures which he draws were still fresh, and his
exhortations calculated to live in the memory. The poems
composed on moral subjects, generally inculcate a spirit of gentleness towards others and moderation in personal objects; they represent the gods as
irresistible, retributive, favoring
the good and punishing the bad, though sometimes very tardily. But his compositions on special and
present occasions are usually conceived in a more vigorous spirit; denouncing
the oppressions of the rich at one time, and the timid submission to Peisistratus at another,—and
expressing, in emphatic language, his own
proud consciousness of having stood forward as champion of the mass of the people. Of his early poems
hardly anything is preserved; the few lines which remain seem to manifest
a jovial temperament, which we may
well conceive to have been overlaid
by the political difficulties against which he had to contend, —
difficulties arising successively out of the Megarian war, the Kylonian sacrilege, the public despondency healed
by Epimenides, and the task of
arbiter between a rapacious oligarchy and a suffering people. In one of his elegies, addressed to Mimnermus, he marked out the sixtieth year as
the longest desirable period of life,
in preference to the eightieth year, which that poet had expressed a wish to attain; but his own life, as
far as we can judge, seems to have reached the longer of the two
periods, and not the least honorable
part of it—the resistance to Peisistratus —occurs immediately
before his death.
There prevailed a story, that his ashes were collected
and scattered around the island of Salamis,
which Plutarch treats as absurd, — though he tells us at the same
time that it was believed both by
Aristotle, and by many other considerable men: it is at least as ancient as the poet Kratinus, who alluded to it in one of his
comedies, and I do not feel inclined to reject it. The inscription on the
statue of Solon at Athens described him as a Salaminian he had been the great means of acquiring the island for
his country,— and it seems highly probable that among the new Athenian citizens who went to settle there, he may
have received a lot of land and become enrolled among the Salaminian demots. The
dispersion of his ashes in various parts of the island connects him with it as in some sort the oekist; and we may construe that incident, if not as the expression of a public
vote, at least as a piece of
affectionate vanity on the part of his surviving friends.
We have now reached the period of the usurpation of
Peisistratus (BC. 560), whose dynasty governed Athens — with two temporary interruptions during the life of
Peisistratus himself—for fifty years. The history of this despotism,
milder than Grecian despotism generally, and productive of important
consequences to Athens, will be reserved for a succeeding chapter.
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