Plutarch - Plutarch's Lives

Amongst his other laws, one is very peculiar and surprising, which disfranchises all who stand neuter in a sedition; for it seems he would not have any one remain insensible and regardless of the public good, and, securing his private affairs, glory that he has no feeling of the distempers of his country; but at once join with the good party and those that have the right upon their side, assist and venture with them, rather than keep out of harm’s way and watch who would get the better. It seems an absurd and foolish law which permits an heiress, if her lawful husband fail her, to take his nearest kinsman; yet some say this law was well contrived against those, who, conscious of their own unfitness, yet, for the sake of the portion, would match with heiresses, and make use of law to put a violence upon nature; for now, since she can quit him for whom she pleases, they would either abstain from such marriages, or continue them with disgrace, and suffer for their covetousness and designed affront; it is well done, moreover, to confine her to her husband’s nearest kinsman, that the children may be of the same family. Agreeable to this is the law that the bride and bridegroom shall be shut into a chamber, and eat a quince together; and that the husband of an heiress shall consort with her thrice a month; for though there be no children, yet it is an honor and due affection which an husband ought to pay to a virtuous, chaste wife; it takes off all petty differences, and will not permit their little quarrels to proceed to a rupture.

In all other marriages he forbade dowries to be given; the wife was to have three suits of clothes, a little inconsiderable household stuff, and that was all; for he would not have marriages contracted for gain or an estate, but for pure love, kind affection, and birth of children. When the mother of Dionysius desired him to marry her to one of his citizens, “Indeed,” said he, “by my tyranny I have broken my country’s laws, but cannot put a violence upon those of nature by an unseasonable marriage.” Such disorder is never to be suffered in a commonwealth, nor such unseasonable and unloving and unperforming marriages, which attain no due end or fruit; any provident governor or lawgiver might say to an old man that takes a young wife what is said to Philoctetes in the tragedy —

Truly, in a fit state thou to marry!

and if he finds a young man, with a rich and elderly wife, growing fat in his place, like the partridges, remove him to a young woman of proper age. And of this enough.

Another commendable law of Solon’s is that which forbids men to speak evil of the dead; for it is pious to think the deceased sacred, and just, not to meddle with those that are gone, and politic, to prevent the perpetuity of discord. He likewise forbade them to speak evil of the living in the temples, the courts of justice, the public offices, or at the games, or else to pay three drachmas to the person, and two to the public. For never to be able to control passion shows a weak nature and ill-breeding; and always to moderate it is very hard, and to some impossible. And laws must look to possibilities, if the maker designs to punish few in order to their amendment, and not many to no purpose.

He is likewise much commended for his law concerning wills; for before him none could be made, but all the wealth and estate of the deceased belonged to his family; but he, by permitting them, if they had no children, to bestow it on whom they pleased, showed that he esteemed friendship a stronger tie than kindred, and affection than necessity; and made every man’s estate truly his own. Yet he allowed not all sorts of legacies, but those only which were not extorted by the frenzy of a disease, charms, imprisonment, force, or the persuasions of a wife; with good reason thinking that being seduced into wrong was as bad as being forced, and that between deceit and necessity, flattery and compulsion, there was little difference, since both may equally suspend the exercise of reason.

He regulated the walks, feasts, and mourning of the women, and took away everything that was either unbecoming or immodest; when they walked abroad, no more than three articles of dress were allowed them; an obol’s worth of meat and drink; and no basket above a cubit high; and at night they were not to go about unless in a chariot with a torch before them. Mourners tearing themselves to raise pity, and set wailings, and at one man’s funeral to lament for another, he forbade. To offer an ox at the grave was not permitted, nor to bury above three pieces of dress with the body, or visit the tombs of any besides their own family, unless at the very funeral; most of which are likewise forbidden by our laws, but this is further added in ours, that those that are convicted of extravagance in their mournings, are to be punished as soft and effeminate by the censors of women.

Observing the city to be filled with persons that flocked from all parts into Attica for security of living, and that most of the country was barren and unfruitful, and that traders at sea import nothing to those that could give them nothing in exchange, he turned his citizens to trade, and made a law that no son should be obliged to relieve a father who had not bred him up to any calling. It is true, Lycurgus, having a city free from all strangers, and land, according to Euripides,

Large for large hosts, for twice their number much,

and, above all, an abundance of laborers about Sparta, who should not be left idle, but be kept down with continual toil and work, did well to take off his citizens from laborious and mechanical occupations, and keep them to their arms, and teach them only the art of war. But Solon, fitting his laws to the state of things, and not making things to suit his laws, and finding the ground scarce rich enough to maintain the husbandmen, and altogether incapable of feeding an unoccupied and leisurely multitude, brought trades into credit, and ordered the Areopagites to examine how every man got his living, and chastise the idle. But that law was yet more rigid which, as Heraclides Ponticus delivers, declared the sons of unmarried mothers not obliged to relieve their fathers; for he that avoids the honorable form of union shows that he does not take a woman for children, but for pleasure, and thus gets his just reward, and has taken away from himself every title to upbraid his children, to whom he has made their very birth a scandal and reproach.

Solon’s laws in general about women are his strangest; for he permitted any one to kill an adulterer that found him in the act; but if any one forced a free woman, a hundred drachmas was the fine; if he enticed her, twenty; except those that sell themselves openly, that is, harlots, who go openly to those that hire them. He made it unlawful to sell a daughter or a sister, unless, being yet unmarried, she was found wanton. Now it is irrational to punish the same crime sometimes very severely and without remorse, and sometimes very lightly, and, as it were, in sport, with a trivial fine; unless, there being little money then in Athens, scarcity made those mulcts the more grievous punishment. In the valuation for sacrifices, a sheep and a bushel were both estimated at a drachma; the victor in the Isthmian games was to have for reward a hundred drachmas; the conqueror in the Olympian, five hundred; he that brought a wolf, five drachmas; for a whelp, one; the former sum, as Demetrius the Phalerian asserts, was the value of an ox, the latter, of a sheep. The prices which Solon, in his sixteenth table, sets on choice victims, were naturally far greater; yet they, too, are very low in comparison of the present. The Athenians were, from the beginning, great enemies to wolves, their fields being better for pasture than corn. Some affirm their tribes did not take their names from the sons of Ion, but from the different sorts of occupation that they followed; the soldiers were called Hoplitae, the craftsmen Ergades, and, of the remaining two, the farmers Gedeontes, and the shepherds and graziers Aegicores.