First, then, he repealed all Draco's laws, except those concerning homicide, because they were too severe, and the punishment too great; for death was appointed for almost all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 be 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 fruit, 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 archon's cognisance, 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 honour 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 equalisation 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 wrong-doer; 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 his law, for, being asked what city was best modelled, "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 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 offences as belong to the cognisance 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.
