First, then, he repealed all Draco's laws, except those concerning homicide, because they were too severe and the punishments too great; for death was appointed for almost all offences, 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 offences, 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; those that could keep a horse, or were worth three hundred measures, were made the second class; those that had two hundred measures, were in the third; and all the other 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 afterward was found an enormous privilege, as almost every matter of dispute came before them in this latter capacity. 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.
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.
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, 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.
Another commendable law of Solon's is that which forbids men to speak evil of the dead.
Since the country has but few rivers, lakes, or large springs, and many used wells which they had dug, there was a law made, that, where there was a public well within a hippicon, that is, four furlongs, all should draw at that; but then it was farther off, they should try and procure a well of their own; and, if they had dug ten fathoms deep and could find no water, they had liberty to fetch a pitcherful of four gallons and a half in a day from their neighbors'; for he thought it prudent to make provision against want, but not to supply laziness. He showed skill in his orders about planting, for any one that would plant another tree was not to set it within five feet of his neighbor's field; but if a fig or an olive, not within nine, for their roots spread farther, nor can they be planted near all sorts of trees without damage, for they draw away the nourishment, and in some cases are noxious by their effluvia. He that would dig a pit or a ditch was to dig it at the distance of its own depth from his neighbor's ground; and he that would raise stocks of bees was not to place them within three hundred feet of those which another had already raised.
He permitted only oil to be exported, and those that exported any other fruit, the archon was solemnly to curse, or else pay an hundred drachmas (a drachma was about twenty cents.) himself; and this law was written in his first table, and, therefore, let none think it incredible, as some affirm, that the exportation of figs was once unlawful. He made a law also, concerning hurts and injuries from beasts, in which he commands the master of any dog that bit a man to deliver him up with a log about his neck four and a half feet long-a happy device for men's security.
All his laws he established for an hundred years, and wrote them on wooden tables or rollers, named axones, which might be turned round in oblong cases; some of their relics were in my time still to be seen in the Prytaneum, or common hall, at Athens. These, as Aristotle states, were called cyrbes, and there is a passage of Cratinus the comedian,By Solon, and by Draco, if you please, Whose Cyrbes make the fires that parch our peas.
But some say those are properly cyrbes, which contain laws concerning sacrifices and the rites of religion, and all the other axones. The council all jointly swore to confirm the laws, and every one of the Thesmothetae vowed for himself at the stone in the market-place, that, if he broke any of the statutes, he would dedicate a golden statue, as big as himself, at Delphi.
