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- Athens: Its Rise and Fall, Book II. - 3/26 -

Europe--it was moulded to the habits, the manners, and the condition of the people whom it was intended to enlighten, to harmonize, and to guide. He was no gloomy ascetic, such as a false philosophy produces, affecting the barren sublimity of an indolent seclusion; open of access to all, free and frank of demeanour, he found wisdom as much in the market-place as the cell. He aped no coxcombical contempt of pleasure, no fanatical disdain of wealth; hospitable, and even sumptuous, in his habits of life, he seemed desirous of proving that truly to be wise is honestly to enjoy. The fragments of his verses which have come down to us are chiefly egotistical: they refer to his own private sentiments, or public views, and inform us with a noble pride, "that, if reproached with his lack of ambition, he finds a kingdom in the consciousness of his unsullied name." With all these qualities, he apparently united much of that craft and spirit of artifice which, according to all history, sacred as well as profane, it was not deemed sinful in patriarch or philosopher to indulge. Where he could not win his object by reason, he could stoop to attain it by the affectation of madness. And this quality of craft was necessary perhaps, in that age, to accomplish the full utilities of his career. However he might feign or dissimulate, the end before him was invariably excellent and patriotic; and the purity of his private morals harmonized with that of his political ambition. What Socrates was to the philosophy of reflection, Solon was to the philosophy of action.

X. The first law that Solon enacted in his new capacity was bold and decisive. No revolution can ever satisfy a people if it does not lessen their burdens. Poverty disposes men to innovation only because innovation promises relief. Solon therefore applied himself resolutely, and at once, to the great source of dissension between the rich and the poor--namely, the enormous accumulation of debt which had been incurred by the latter, with slavery, the penalty of default. He induced the creditors to accept the compromise of their debts: whether absolutely cancelling the amount, or merely reducing the interest and debasing the coin, is a matter of some dispute; the greater number of authorities incline to the former supposition, and Plutarch quotes the words of Solon himself in proof of the bolder hypothesis, although they by no means warrant such an interpretation. And to remove for ever the renewal of the greatest grievance in connexion with the past distresses, he enacted a law that no man hereafter could sell himself in slavery for the discharge of a debt. Even such as were already enslaved were emancipated, and those sold by their creditors into foreign countries were ransomed, and restored to their native land, But, though (from the necessity of the times) Solon went to this desperate extent of remedy, comparable in our age only to the formal sanction of a national bankruptcy, he rejected with firmness the wild desire of a division of lands. There may be abuses in the contraction of debts which require far sterner alternatives than the inequalities of property. He contented himself in respect to the latter with a law which set a limit to the purchase of land--a theory of legislation not sufficiently to be praised, if it were possible to enforce it [202]. At first, these measures fell short of the popular expectation, excited by the example of Sparta into the hope of an equality of fortunes: but the reaction soon came. A public sacrifice was offered in honour of the discharge of debt, and the authority of the lawgiver was corroborated and enlarged. Solon was not one of those politicians who vibrate alternately between the popular and the aristocratic principles, imagining that the concession of to-day ought necessarily to father the denial of to-morrow. He knew mankind too deeply not to be aware that there is no statesman whom the populace suspect like the one who commences authority with a bold reform, only to continue it with hesitating expedients. His very next measure was more vigorous and more unexceptionable than the first. The evil of the laws of Draco was not that they were severe, but that they were inefficient. In legislation, characters of blood are always traced upon tablets of sand. With one stroke Solon annihilated the whole of these laws, with the exception of that (an ancient and acknowledged ordinance) which related to homicide; he affixed, in exchange, to various crimes--to theft, to rape, to slander, to adultery--punishments proportioned to the offence. It is remarkable that in the spirit of his laws he appealed greatly to the sense of honour and the fear of shame, and made it one of his severest penalties to be styled atimos or unhonoured--a theory that, while it suited the existent, went far to ennoble the future, character of the Athenians. In the same spirit the children of those who perished in war were educated at the public charge--arriving at maturity, they were presented with a suit of armour, settled in their respective callings, and honoured with principal seats in all public assemblies. That is a wise principle of a state which makes us grateful to its pensioners, and bids us regard in those supported at the public charge the reverent memorials of the public service [203]. Solon had the magnanimity to preclude, by his own hand, a dangerous temptation to his own ambition, and assigned death to the man who aspired to the sole dominion of the commonwealth. He put a check to the jobbing interests and importunate canvass of individuals, by allowing no one to propose a law in favour of a single person, unless he had obtained the votes of six thousand citizens; and he secured the quiet of a city exposed to the license of powerful factions, by forbidding men to appear armed in the streets, unless in cases of imminent exigence.

XI. The most memorable of Solon's sayings illustrates the theory of the social fabric he erected. When asked how injustice should be banished from a commonwealth, he answered, "by making all men interested in the injustice done to each;" an answer imbodying the whole soul of liberty. His innovations in the mere forms of the ancient constitution do not appear to have been considerable; he rather added than destroyed. Thus he maintained or revived the senate of the aristocracy; but to check its authority he created a people. The four ancient tribes [204], long subdivided into minor sections, were retained. Foreigners, who had transported for a permanence their property and families to Athens, and abandoned all connexion with their own countries, were admitted to swell the numbers of the free population. This made the constituent body. At the age of eighteen, each citizen was liable to military duties within the limits of Attica; at the age of twenty he attained his majority, and became entitled to a vote in the popular assembly, and to all the other rights of citizenship. Every free Athenian of the age of twenty was thus admitted to a vote in the legislature. But the possession of a very considerable estate was necessary to the attainment of the higher offices. Thus, while the people exercised universal suffrage in voting, the choice of candidates was still confined to an oligarchy. Four distinct ranks were acknowledged; not according, as hitherto, to hereditary descent, but the possession of property. They whose income yielded five hundred measures in any commodity, dry or liquid, were placed in the first rank, under the title of Pentacosiomedimnians. The second class, termed Hippeis, knights or horsemen, was composed of those whose estates yielded three hundred measures. Each man belonging to it was obliged to keep a horse for the public service, and to enlist himself, if called upon, in the cavalry of the military forces (the members of either of these higher classes were exempt, however, from serving on board ship, or in the infantry, unless intrusted with some command.) The third class was composed of those possessing two hundred [205] measures, and called Zeugitae; and the fourth and most numerous class comprehended, under the name of Thetes, the bulk of the non-enslaved working population, whose property fell short of the qualification required for the Zeugitae. Glancing over these divisions, we are struck by their similarity to the ranks among our own northern and feudal ancestry, corresponding to the nobles, the knights, the burgesses, and the labouring classes, which have so long made, and still constitute, the demarcations of society in modern Europe. The members of the first class were alone eligible to the highest offices as archons, those of the three first classes to the political assembly of the four hundred (which I shall presently describe), and to some minor magistracies; the members of the fourth class were excluded from all office, unless, as they voted in the popular assembly, they may be said to have had a share in the legislature, and to exercise, in extraordinary causes, judicial authority. At the same time no hereditary barrier excluded them from the hopes so dear to human aspirations. They had only to acquire the necessary fortune in order to enjoy the privileges of their superiors. And, accordingly, we find, by an inscription on the Acropolis, recorded in Pollux, that Anthemion, of the lowest class, was suddenly raised to the rank of knight. [206]

XII. We perceive, from these divisions of rank, that the main principle of Solon's constitution was founded, not upon birth, but wealth. He instituted what was called a timocracy, viz., an aristocracy of property; based upon democratic institutions of popular jurisdiction, election, and appeal. Conformably to the principle which pervades all states, that make property the qualification for office, to property the general taxation was apportioned. And this, upon a graduated scale, severe to the first class, and completely exonerating the lowest. The ranks of the citizens thus established, the constitution acknowledged three great councils or branches of legislature. The first was that of the venerable Areopagus. We have already seen that this institution had long existed among the Athenians; but of late it had fallen into some obscurity or neglect, and was not even referred to in the laws of Draco. Solon continued the name of the assembly, but remodelled its constitution. Anciently it had probably embraced all the Eupatrids. Solon defined the claims of the aspirants to that official dignity, and ordained that no one should be admitted to the areopagus who had not filled the situation of archon--an ordeal which implied not only the necessity of the highest rank, but, as I shall presently note, of sober character and unblemished integrity.

The remotest traditions clothed the very name of this assembly with majesty and awe. Holding their council on the sacred hill consecrated to Mars, fable asserted that the god of battle had himself been arraigned before its tribunal. Solon exerted his imagination to sustain the grandeur of its associations. Every distinction was lavished upon senators, who, in the spirit of his laws, could only pass from the temple of virtue to that of honour. Before their jurisdiction all species of crime might be arraigned--they had equal power to reward and to punish. From the guilt of murder to the negative offence of idleness [207], their control extended--the consecration of altars to new deities, the penalties affixed to impiety, were at their decision, and in their charge. Theirs was the illimitable authority to scrutinize the lives of men--they attended public meetings and solemn sacrifices, to preserve order by the majesty of their presence. The custody of the laws and the management of the public funds, the superintendence of the education of youth, were committed to their care. Despite their power, they interfered but little in the management of political affairs, save in cases of imminent danger. Their duties, grave, tranquil, and solemn, held them aloof from the stir of temporary agitation. They were the last great refuge of the state, to which, on common occasions, it was almost profanity to appeal. Their very demeanour was modelled to harmonize with the reputation of their virtues and the dignity of their office. It was forbidden to laugh in their assembly--no archon who had been seen in a public tavern could be admitted to their order [208], and for an areopagite to compose a comedy was a matter of special prohibition [209]. They sat in the open air, in common with all courts having cognizance of murder. If the business before them was great and various, they were wont to divide themselves into committees, to each of which the several causes were assigned by lot, so that no man knowing the cause he was to adjudge could be assailed with the imputation of dishonest or partial prepossession. After duly hearing both parties, they gave their judgment with proverbial gravity and silence. The institution of the ballot (a subsequent custom)

Athens: Its Rise and Fall, Book II. - 3/26

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