The Historians' History of the World 03

But Lycurgus was the eleventh descended of the right line from Hercules, and had many years been king of Lacedæmon, where he had gotten great authority, and made himself many friends: all which things together, did greatly help him to execute that, which he wisely had imagined for the order of his commonweal. Yet also, he used more persuasion than force, a good witness thereof the loss of his eye: preferring a law before his private injury, which hath power to preserve a city long in union and concord, and to make citizens to be neither poor nor rich.

Solon could not attain to this. Howbeit he did what he could possible, with the power he had, as one seeking to win no credit with his citizens, but only by his counsel. To begin withal, he first took away all Draco’s bloody laws, saving for murder and manslaughter.

Class Legislation

Then Solon being desirous to have the chief offices of the city to remain in rich men’s hands, as already they did, and yet to mingle the authority of government in such sort, as the meaner people might bear a little sway, which they never could before: he made an estimate of the goods of every private citizen. And those which he found yearly worth five hundred bushels of corn, and other liquid fruits and upwards, he called pentacosiomedimni: as to say, five-hundred-bushel-men of revenue. And those that had three hundred bushels a year, and were able to keep a horse of service, he put in the second degree, and called them knights. They that might dispend but two hundred bushels a year, were put in the third place, and called zeugitæ. All other under those, were called thetes, as you would say, hirelings, or craftsmen living of their labour: whom he did not admit to bear any office in the city, neither were they taken as free citizens, saving they had voices in elections, and assemblies of the city, and in judgments, where the people wholly judged.

Furthermore because his laws were written somewhat obscurely, and might be diversely taken and interpreted, this did give a great deal more authority and power to the judges. For, considering all their controversies could not be ended, and judged by express law: they were driven of necessity always to run to the judges and debated their matters before them. Insomuch as the judges by this means came to be somewhat above the law: for they did even expound it as they would themselves.

Yet considering it was meet to provide for the poverty of the common sort of people: he suffered any man that would, to take upon him the defence of any poor man’s case that had the wrong. For if a man were hurt, beaten, forced, or otherwise wronged: any other man that would, might lawfully sue the offender, and prosecute law against him. And this was a wise law ordained of him, to accustom his citizens to be sorry for another’s hurt, and so to feel it, as if any part of his own body had been injured. And they say he made an answer on a time agreeable to this law. For, being asked what city he thought best governed, he answered: “That city where such as receive no wrong, do as earnestly defend wrong offered to others, as the very wrong and injury had been done unto themselves.” He erected also the council of the Areopagites, of those magistrates of the city, out of which they did yearly choose their governor: and he himself had been of that number, for that he had been governor for a year.

Wherefore perceiving now the people were grown to a stomach and haughtiness of mind because they were clear discharged of their debts: he set one up for matters of state, another council of an hundred chosen out of every tribe, whereof four hundred of them were to consult and debate of all matters, before they were propounded to the people: that when the great council of the people at large should be assembled, no matters should be put forth, unless it had been before well considered of, and digested, by the council of the four hundred. Moreover, he ordained the higher court should have the chief authority and power over all things, and chiefly to see the law executed and maintained: supposing that the commonweal being settled, and stayed with these two courts (as with two strong anchor-holds), it should be the less turmoiled and troubled, and the people also better pacified and quieted. The most part of writers hold this opinion, that it was Solon which erected the council of the Areopagites, as we have said, and it is very likely to be true, for that Draco in all his laws and ordinances made no manner of mention of the Areopagites, but always speaketh to the ephetes (which were judges of life and death) when he spake of murder, or of any man’s death.