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- Athens: Its Rise and Fall, Book II. - 5/26 -


and-twenty centuries after the establishment of the constitution we have just surveyed,--in the labours of the student--in the dreams of the poet--in the aspirations of the artist--in the philosophy of the legislator--we yet behold the imperishable blessings we derive from the liberties of Athens and the institutions of Solon. The life of Athens became extinct, but her soul transfused itself, immortal and immortalizing, through the world.

XVII. The penal code of Solon was founded on principles wholly opposite to those of Draco. The scale of punishment was moderate, though sufficiently severe. One distinction will suffice to give us an adequate notion of its gradations. Theft by day was not a capital offence, but if perpetrated by night the felon might lawfully be slain by the owner. The tendency to lean to the side of mercy in all cases may be perceived from this--that if the suffrages of the judges were evenly divided, it was the custom in all the courts of Athens to acquit the accused. The punishment of death was rare; that of atimia supplied its place. Of the different degrees of atimia it is not my purpose to speak at present. By one degree, however, the offender was merely suspended from some privilege of freedom enjoyed by the citizens generally, or condemned to a pecuniary fine; the second degree allowed the confiscation of goods; the third for ever deprived the criminal and his posterity of the rights of a citizen: this last was the award only of aggravated offences. Perpetual exile was a sentence never passed but upon state criminals. The infliction of fines, which became productive of great abuse in later times, was moderately apportioned to offences in the time of Solon, partly from the high price of money, but partly, also, from the wise moderation of the lawgiver. The last grave penalty of death was of various kinds, as the cross, the gibbet, the precipice, the bowl--afflictions seldom in reserve for the freemen.

As the principle of shame was a main instrument of the penal code of the Athenians, so they endeavoured to attain the same object by the sublimer motive of honour. Upon the even balance of rewards that stimulate, and penalties that deter, Solon and his earlier successors conceived the virtue of the commonwealth to rest. A crown presented by the senate or the people--a public banquet in the hall of state-- the erection of a statue in the thoroughfares (long a most rare distinction)--the privilege of precedence in the theatre or assembly-- were honours constantly before the eyes of the young and the hopes of the ambitious. The sentiment of honour thus became a guiding principle of the legislation, and a large component of the character of the Athenians.

XVIII. Judicial proceedings, whether as instituted by Solon or as corrupted by his successors, were exposed to some grave and vital evils hereafter to be noticed. At present I content myself with observing, that Solon carried into the judicial the principles, of his legislative courts. It was his theory, that all the citizens should be trained to take an interest in state. Every year a body of six thousand citizens was chosen by lot; no qualification save that of being thirty years of age was demanded in this election. The body thus chosen, called Heliaea, was subdivided into smaller courts, before which all offences, but especially political ones, might be tried. Ordinary cases were probably left by Solon to the ordinary magistrates; but it was not long before the popular jurors drew to themselves the final trial and judgment of all causes. This judicial power was even greater than the legislative; for if an act had passed through all the legislative forms, and was, within a year of the date, found inconsistent with the constitution or public interests, the popular courts could repeal the act and punish its author. In Athens there were no professional lawyers; the law being supposed the common interest of citizens, every encouragement was given to the prosecutor --every facility to the obtaining of justice.

Solon appears to have recognised the sound principle, that the strength of law is in the public disposition to cherish and revere it,--and that nothing is more calculated to make permanent the general spirit of a constitution than to render its details flexile and open to reform. Accordingly, he subjected his laws to the vigilance of regular and constant revision. Once a year, proposals for altering any existent law might be made by any citizen--were debated--and, if approved, referred to a legislative committee, drawn by lot from the jurors. The committee then sat in judgment on the law; five advocates were appointed to plead for the old law; if unsuccessful, the new law came at once into operation. In addition to this precaution, six of the nine archons (called Thesmothetae), whose office rendered them experienced in the defects of the law, were authorized to review the whole code, and to refer to the legislative committee the consideration of any errors or inconsistencies that might require amendment. [221]

XIX. With respect to the education of youth, the wise Athenian did not proceed upon the principles which in Sparta attempted to transfer to the state the dearest privileges of a parent. From the age of sixteen to eighteen (and earlier in the case of orphans) the law, indeed, seems to have considered that the state had a right to prepare its citizens for its service; and the youth was obliged to attend public gymnastic schools, in which, to much physical, some intellectual, discipline was added, under masters publicly nominated. But from the very circumstance of compulsory education at that age, and the absence of it in childhood, we may suppose that there had already grown up in Athens a moral obligation and a general custom, to prepare the youth of the state for the national schools.

Besides the free citizens, there were two subordinate classes--the aliens and the slaves. By the first are meant those composed of settlers, who had not relinquished connexion with their native countries. These, as universally in Greece, were widely distinguished from the citizens; they paid a small annual sum for the protection of the state, and each became a kind of client to some individual citizen, who appeared for him in the courts of justice. They were also forbidden to purchase land; but for the rest, Solon, himself a merchant, appears to have given to such aliens encouragements in trade and manufacture not usual in that age; and most of their disabilities were probably rather moral or imaginary than real and daily causes of grievance. The great and paramount distinction was between the freeman and the slave. No slave could be admitted as a witness, except by torture; as for him there was no voice in the state, so for him there was no tenderness in the law. But though the slave might not avenge himself on the master, the system of slavery avenged itself on the state. The advantages to the intellect of the free citizens resulting from the existence of a class maintained to relieve them from the drudgeries of life, were dearly purchased by the constant insecurity of their political repose. The capital of the rich could never be directed to the most productive of all channels--the labour of free competition. The noble did not employ citizens--he purchased slaves. Thus the commonwealth derived the least possible advantage from his wealth; it did not flow through the heart of the republic, employing the idle and feeding the poor. As a necessary consequence, the inequalities of fortune were sternly visible and deeply felt. The rich man had no connexion with the poor man--the poor man hated him for a wealth of which he did not (as in states where slavery does not exist) share the blessings--purchasing by labour the advantages of fortune. Hence the distinction of classes defied the harmonizing effects of popular legislation. The rich were exposed to unjust and constant exactions; and society was ever liable to be disorganized by attacks upon property. There was an eternal struggle between the jealousies of the populace and the fears of the wealthy; and many of the disorders which modern historians inconsiderately ascribe to the institutions of freedom were in reality the growth of the existence of slavery.

CHAPTER II.

The Departure of Solon from Athens.--The Rise of Pisistratus.--Return of Solon.--His Conduct and Death.--The Second and Third Tyranny of Pisistratus.--Capture of Sigeum.--Colony in the Chersonesus founded by the first Miltiades.--Death of Pisistratus.

I. Although the great constitutional reforms of Solon were no doubt carried into effect during his archonship, yet several of his legislative and judicial enactments were probably the work of years. When we consider the many interests to conciliate, the many prejudices to overcome, which in all popular states cripple and delay the progress of change in its several details, we find little difficulty in supposing, with one of the most luminous of modern scholars [222], that Solon had ample occupation for twenty years after the date of his archonship. During this period little occurred in the foreign affairs of Athens save the prosperous termination of the Cirrhaean war, as before recorded. At home the new constitution gradually took root, although often menaced and sometimes shaken by the storms of party and the general desire for further innovation.

The eternal consequence of popular change is, that while it irritates the party that loses power, it cannot content the party that gains. It is obvious that each concession to the people but renders them better able to demand concessions more important. The theories of some--the demands of others--harassed the lawgiver, and threatened the safety of the laws. Solon, at length, was induced to believe that his ordinances required the sanction and repose of time, and that absence --that moral death--would not only free himself from importunity, but his infant institutions from the frivolous disposition of change. In his earlier years he had repaired, by commercial pursuits, estates that had been empoverished by the munificence of his father; and, still cultivating the same resources, he made pretence of his vocation to solicit permission for ail absence of ten years. He is said to have obtained a solemn promise from the people to alter none of his institutions during that period [223]; and thus he departed from the city (probably B. C. 575), of whose future glories he had laid the solid foundation. Attracted by his philosophical habits to that solemn land, beneath whose mysteries the credulous Greeks revered the secrets of existent wisdom, the still adventurous Athenian repaired to the cities of the Nile, and fed the passion of speculative inquiry from the learning of the Egyptian priests. Departing thence to Cyprus, he assisted, as his own verses assure us, in the planning of a new city, founded by one of the kings of that beautiful island, and afterward invited to the court of Croesus (associated with his father Alyattes, then living), he imparted to the Lydian, amid the splendours of state and the adulation of slaves, that well-known lesson on the uncertainty of human grandeur, which, according to Herodotus, Croesus so seasonably remembered at the funeral pile. [224]

II. However prudent had appeared to Solon his absence from Athens, it is to be lamented that he did not rather brave the hazards from which his genius might have saved the state, than incur those which the very removal of a master-spirit was certain to occasion. We may bind men not to change laws, but we cannot bind the spirit and the opinion, from which laws alone derive cogency or value. We may guard against the innovations of a multitude, which a wise statesman sees afar off, and may direct to great ends; but we cannot guard against that dangerous accident--not to be foreseen, not to be directed--the ambition of a man of genius! During the absence of Solon there rose into eminence one of those remarkable persons who give to vicious designs all the attraction of individual virtues. Bold, generous,


Athens: Its Rise and Fall, Book II. - 5/26

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