First, then, he repealed all Draco's laws, except those concerning homicide, because they were too severe, and the punishments too great; for death was appointed for almost all offenses, 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 offenses, 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, 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 archons' cognizance, 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 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:

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 wrongdoer; 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 this law, for, being asked what city was best modeled, "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 at 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 offenses as belong to the cognizance 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.

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,—

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,

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.

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, when it was farther off, they should try and procure a well of their own; and, if they had dug ten fathom 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 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, and the informer against the delinquents called a sycophant. 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. The law concerning naturalizing strangers is of doubtful character; he permitted only those to be made free of Athens who were in perpetual exile from their own country, or came with their whole family to trade there; this he did, not to discourage strangers, but rather to invite them to a permanent participation in the privileges of the government; and, besides, he thought those would prove the more faithful citizens who had been forced from their own country, or voluntarily forsook it. The law of public entertainment (parasitein is his name for it) is, also, peculiarly Solon's, for if any man came often, or if he that was invited refused, they were punished, for he concluded that one was greedy, the other a contemner of the state.

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,

But some say those are properly cyrbes, which contain laws concerning sacrifices and the rites of religion, and all the others axones. The council all jointly swore to confirm the laws, and every one of the Thesmothetae vowed for himself at the stone in the marketplace, that, if he broke any of the statutes, he would dedicate a golden statue, as big as himself, at Delphi.

Observing the irregularity of the months, and that the moon does not always rise and set with the sun, but often in the same day overtakes and gets before him, he ordered the day should be named the Old and New, attributing that part of it which was before the conjunction to the old moon, and the rest to the new, he being the first, it seems, that understood that verse of Homer,

and the following day he called the new moon. After the twentieth he did not count by addition, but, like the moon itself in its wane, by subtraction; thus up to the thirtieth.

Now when these laws were enacted, and some came to Solon every day, to commend or dispraise them, and to advise, if possible, to leave out, or put in something, and many criticized, and desired him to explain, and tell the meaning of such and such a passage, he, knowing that to do it was useless, and not to do it would get him ill-will, and desirous to bring himself out of all straits, and to escape all displeasure and exceptions, it being a hard thing, as he himself says,

as an excuse for traveling, bought a trading vessel, and, having obtained leave for ten years' absence, departed, hoping that by that time his laws would have become familiar.

His first voyage was for Egypt, and he lived, as he himself says,

and spent some time in study with Psenophis of Heliopolis, and Sonchis the Saite, the most learned of all the priests; from whom, as Plato says, getting knowledge of the Atlantic story, he put it into a poem, and proposed to bring it to the knowledge of the Greeks. From thence he sailed to Cyprus, where he was made much of by Philocyprus, one of the kings there, who had a small city built by Demophon, Theseus's son, near the river Clarius, in a strong situation, but incommodious and uneasy of access. Solon persuaded him, since there lay a fair plain below, to remove, and build there a pleasanter and more spacious city. And he stayed himself, and assisted in gathering inhabitants, and in fitting it both for defense and convenience of living; insomuch that many flocked to Philocyprus, and the other kings imitated the design; and, therefore, to honor Solon, he called the city Soli, which was formerly named Aepea. And Solon himself, in his Elegies, addressing Philocyprus, mentions this foundation in these words—

That Solon should discourse with Croesus, some think not agreeable with chronology; but I cannot reject so famous and well-attested a narrative, and, what is more, so agreeable to Solon's temper, and so worthy his wisdom and greatness of mind, because, forsooth, it does not agree with some chronological canons, which thousands have endeavored to regulate, and yet, to this day, could never bring their differing opinions to any agreement. They say, therefore, that Solon, coming to Croesus at his request, was in the same condition as an inland man when first he goes to see the sea; for as he fancies every river he meets with to be the ocean, so Solon, as he passed through the court, and saw a great many nobles richly dressed, and proudly attended with a multitude of guards and footboys, thought every one had been the king, till he was brought to Croesus, who was decked with every possible rarity and curiosity, in ornaments of jewels, purple, and gold, that could make a grand and gorgeous spectacle of him. Now when Solon came before him, and seemed not at all surprised, nor gave Croesus those compliments he expected, but showed himself to all discerning eyes to be a man that despised the gaudiness and petty ostentation of it, he commanded them to open all his treasure houses, and carry him to see his sumptuous furniture and luxuries though he did not wish it; Solon could judge of him well enough by the first sight of him; and, when he returned from viewing all, Croesus asked him if ever he had known a happier man than he. And when Solon answered that he had known one Tellus, a fellow-citizen of his own, and told him that this Tellus had been an honest man, had had good children, a competent estate, and died bravely in battle for his country, Croesus took him for an ill-bred fellow and a fool, for not measuring happiness by the abundance of gold and silver, and preferring the life and death of a private and mean man before so much power and empire. He asked him, however, again, if, besides Tellus, he knew any other man more happy. And Solon replying, Yes, Cleobis and Biton, who were loving brothers, and extremely dutiful sons to their mother, and, when the oxen delayed her, harnessed themselves to the wagon, and drew her to Juno's temple, her neighbors all calling her happy, and she herself rejoicing; then, after sacrificing and feasting, they went to rest, and never rose again, but died in the midst of their honor a painless and tranquil death, "What," said Croesus, angrily, "and dost not thou reckon us amongst the happy men at all?" Solon, unwilling either to flatter or exasperate him more, replied, "The gods, O king, have given the Greeks all other gifts in moderate degree; and so our wisdom, too, is a cheerful and a homely, not a noble and kingly wisdom; and this, observing the numerous misfortunes that attend all conditions, forbids us to grow insolent upon our present enjoyments, or to admire any man's happiness that may yet, in course of time, suffer change. For the uncertain future has yet to come, with every possible variety of fortune; and him only to whom the divinity has continued happiness unto the end, we call happy; to salute as happy one that is still in the midst of life and hazard, we think as little safe and conclusive as to crown and proclaim as victorious the wrestler that is yet in the ring." After this, he was dismissed, having given Croesus some pain, but no instruction.

Aesop, who wrote the fables, being then at Sardis upon Croesus's invitation, and very much esteemed, was concerned that Solon was so ill- received, and gave him this advice: "Solon, let your converse with kings be either short or seasonable." "Nay, rather," replied Solon, "either short or reasonable." So at this time Croesus despised Solon; but when he was overcome by Cyrus, had lost his city, was taken alive, condemned to be burnt, and laid bound upon the pile before all the Persians and Cyrus himself, he cried out as loud as possibly he could three times, "O Solon!" and Cyrus being surprised, and sending some to inquire what man or god this Solon was, whom alone he invoked in this extremity, Croesus told him the whole story, saying, "He was one of the wise men of Greece, whom I sent for, not to be instructed, or to learn any thing that I wanted, but that he should see and be a witness of my happiness; the loss of which was, it seems, to be a greater evil than the enjoyment was a good; for when I had them they were goods only in opinion, but now the loss of them has brought upon me intolerable and real evils. And he, conjecturing from what then was, this that now is, bade me look to the end of my life, and not rely and grow proud upon uncertainties." When this was told Cyrus, who was a wiser man than Croesus, and saw in the present example Solon's maxim confirmed, he not only freed Croesus from punishment, but honored him as long as he lived; and Solon had the glory, by the same saying, to save one king and instruct another.

When Solon was gone, the citizens began to quarrel; Lycurgus headed the Plain; Megacles, the son of Alcmaeon, those to the Sea-side; and Pisistratus the Hill-party, in which were the poorest people, the Thetes, and greatest enemies to the rich; insomuch that, though the city still used the new laws, yet all looked for and desired a change of government, hoping severally that the change would be better for them, and put them above the contrary faction. Affairs standing thus, Solon returned, and was reverenced by all, and honored; but his old age would not permit him to be as active, and to speak in public, as formerly; yet, by privately conferring with the heads of the factions, he endeavored to compose the differences, Pisistratus appearing the most tractable; for he was extremely smooth and engaging in his language, a great friend to the poor, and moderate in his resentments; and what nature had not given him, he had the skill to imitate; so that he was trusted more than the others, being accounted a prudent and orderly man, one that loved equality, and would be an enemy to any that moved against the present settlement. Thus he deceived the majority of people; but Solon quickly discovered his character, and found out his design before any one else; yet did not hate him upon this, but endeavored to humble him, and bring him off from his ambition, and often told him and others, that if any one could banish the passion for preeminence from his mind, and cure him of his desire of absolute power, none would make a more virtuous man or a more excellent citizen. Thespis, at this time, beginning to act tragedies, and the thing, because it was new, taking very much with the multitude, though it was not yet made a matter of competition, Solon, being by nature fond of hearing and learning something new, and now, in his old age, living idly, and enjoying himself, indeed, with music and with wine, went to see Thespis himself, as the ancient custom was, act; and after the play was done, he addressed him, and asked him if he was not ashamed to tell so many lies before such a number of people; and Thespis replying that it was no harm to say or do so in play, Solon vehemently struck his staff against the ground: "Ay," said he, "if we honor and commend such play as this, we shall find it some day in our business."

Now when Pisistratus, having wounded himself, was brought into the marketplace in a chariot, and stirred up the people, as if he had been thus treated by his opponents because of his political conduct, and a great many were enraged and cried out, Solon, coming close to him, said, "This, O son of Hippocrates, is a bad copy of Homer's Ulysses; you do, to trick your countrymen, what he did to deceive his enemies." After this, the people were eager to protect Pisistratus, and met in an assembly, where one Ariston making a motion that they should allow Pisistratus fifty clubmen for a guard to his person, Solon opposed it, and said, much to the same purport as what he has left us in his poems,

and again,—

But observing the poor men bent to gratify Pisistratus, and tumultuous, and the rich fearful and getting out of harm's way, he departed, saying he was wiser than some and stouter than others; wiser than those that did not understand the design, stouter than those that, though they understood it, were afraid to oppose the tyranny. Now, the people, having passed the law, were not nice with Pisistratus about the number of his clubmen, but took no notice of it, though he enlisted and kept as many as he would, until he seized the Acropolis. When that was done, and the city in an uproar, Megacles, with all his family, at once fled; but Solon, though he was now very old, and had none to back him, yet came into the marketplace and made a speech to the citizens, partly blaming their inadvertency and meanness of spirit, and in part urging and exhorting them not thus tamely to lose their liberty; and likewise then spoke that memorable saying, that, before, it was an easier task to stop the rising tyranny, but now the greater and more glorious action to destroy it, when it was begun already, and had gathered strength. But all being afraid to side with him, he returned home, and, taking his arms, he brought them out and laid them in the porch before his door, with these words: "I have done my part to maintain my country and my laws," and then he busied himself no more. His friends advising him to fly, he refused; but wrote poems, and thus reproached the Athenians in them,—

And many telling him that the tyrant would take his life for this, and asking what he trusted to, that he ventured to speak so boldly, he replied, "To my old age." But Pisistratus, having got the command, so extremely courted Solon, so honored him, obliged him, and sent to see him, that Solon gave him his advice, and approved many of his actions; for he retained most of Solon's laws, observed them himself, and compelled his friends to obey. And he himself, though already absolute ruler, being accused of murder before the Areopagus, came quietly to clear himself; but his accuser did not appear. And he added other laws, one of which is that the maimed in the wars should be maintained at the public charge; this Heraclides Ponticus records, and that Pisistratus followed Solon's example in this, who had decreed it in the case of one Thersippus, that was maimed; and Theophrastus asserts that it was Pisistratus, not Solon, that made that law against laziness, which was the reason that the country was more productive, and the city tranquiller.

Now Solon, having begun the great work in verse, the history or fable of the Atlantic Island, which he had learned from the wise men in Sais, and thought convenient for the Athenians to know, abandoned it; not, as Plato says, by reason of want of time, but because of his age, and being discouraged at the greatness of the task; for that he had leisure enough, such verses testify, as

and again,—

Plato, willing to improve the story of the Atlantic Island, as if it were a fair estate that wanted an heir and came with some title to him, formed, indeed, stately entrances, noble enclosures, large courts, such as never yet introduced any story, fable, or poetic fiction; but, beginning it late, ended his life before his work; and the reader's regret for the unfinished part is the greater, as the satisfaction he takes in that which is complete is extraordinary. For as the city of Athens left only the temple of Jupiter Olympius unfinished, so Plato, amongst all his excellent works, left this only piece about the Atlantic Island imperfect. Solon lived after Pisistratus seized the government, as Heraclides Ponticus asserts, a long time; but Phanias the Eresian says not two full years; for Pisistratus began his tyranny when Comias was archon, and Phanias says Solon died under Hegestratus, who succeeded Comias. The story that his ashes were scattered about the island Salamis is too strange to be easily believed, or be thought anything but a mere fable; and yet it is given, amongst other good authors, by Aristotle, the philosopher.