Plutarch - Plutarch's Lives

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

Overthrowing altogether and disordering the state,

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

With force and justice working both one.

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

The mortgage-stones that covered her, by me

Removed, — the land that was a slave is free;

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

— so far their lot to roam,

They had forgot the language of their home;

and some he had set at liberty —

Who here in shameful servitude were held.

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

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

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

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

He would not have forborne, nor let alone,

But made the fattest of the milk his own.

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

First, then, he repealed all Draco’s laws, except those concerning homicide, because they were too severe, and the punishments too great; for death was appointed for almost all offenses, insomuch that those that were convicted of idleness were to die, and those that stole a cabbage or an apple to suffer even as villains that committed sacrilege or murder. So that Demades, in after time, was thought to have said very happily, that Draco’s laws were written not with ink, but blood; and he himself, being once asked why he made death the punishment of most offenses, replied, “Small ones deserve that, and I have no higher for the greater crimes.”

Next, Solon, being willing to continue the magistracies in the hands of the rich men, and yet receive the people into the other part of the government, took an account of the citizens’ estates, and those that were worth five hundred measures of fruits, dry and liquid, he placed in the first rank, calling them Pentacosiomedimni; those that could keep an horse, or were worth three hundred measures, were named Hippada Teluntes, and made the second class; the Zeugitae, that had two hundred measures, were in the third; and all the others were called Thetes, who were not admitted to any office, but could come to the assembly, and act as jurors; which at first seemed nothing, but afterwards was found an enormous privilege, as almost every matter of dispute came before them in this latter capacity. Even in the cases which he assigned to the archons’ cognizance, he allowed an appeal to the courts. Besides, it is said that he was obscure and ambiguous in the wording of his laws, on purpose to increase the honor of his courts; for since their differences could not be adjusted by the letter, they would have to bring all their causes to the judges, who thus were in a manner masters of the laws. Of this equalization he himself makes mention in this manner:

Such power I gave the people as might do,

Abridged not what they had, now lavished new.

Those that were great in wealth and high in place,

My counsel likewise kept from all disgrace.

Before them both I held my shield of might,

And let not either touch the other’s right.

And for the greater security of the weak commons, he gave general liberty of indicting for an act of injury; if any one was beaten, maimed, or suffered any violence, any man that would and was able, might prosecute the wrongdoer; intending by this to accustom the citizens, like members of the same body, to resent and be sensible of one another’s injuries. And there is a saying of his agreeable to this law, for, being asked what city was best modeled, “That,” said he, “where those that are not injured try and punish the unjust as much as those that are.”

When he had constituted the Areopagus of those who had been yearly archons, of which he himself was a member therefore, observing that the people, now free from their debts, were unsettled and imperious, he formed another council of four hundred, a hundred out of each of the four tribes, which was to inspect all matters before they were propounded to the people, and to take care that nothing but what had been first examined should be brought before the general assembly. The upper council, or Areopagus, he made inspectors and keepers of the laws, conceiving that the commonwealth, held by these two councils, like anchors, would be less liable to be tossed by tumults, and the people be more at quiet. Such is the general statement, that Solon instituted the Areopagus; which seems to be confirmed, because Draco makes no mention of the Areopagites, but in all causes of blood refers to the Ephetae; yet Solon’s thirteenth table contains the eighth law set down in these very words: “Whoever before Solon’s archonship were disfranchised, let them be restored, except those that, being condemned by the Areopagus, Ephetae, or in the Prytaneum by the kings, for homicide, murder, or designs against the government, were in banishment when this law was made;” and these words seem to show that the Areopagus existed before Solon’s laws, for who could be condemned by that council before his time, if he was the first that instituted the court? unless, which is probable, there is some ellipsis, or want of precision, in the language, and it should run thus, — “Those that are convicted of such offenses as belong to the cognizance of the Areopagites, Ephetae, or the Prytanes, when this law was made,” shall remain still in disgrace, whilst others are restored; of this the reader must judge.