The Historians' History of the World 03

Notwithstanding, the eighth law of the thirteenth table of Solon saith thus, in these very words: All such as have been banished or detected of naughty life, before Solon made his laws, shall be restored again to their goods and good name, except those which were condemned by order of the council of the Areopagites, or by the ephetes, or by the kings in open court, for murder, and death of any man, or for aspiring to usurp tyranny. These words to the contrary seem to prove and testify, that the council of the Areopagites was, before Solon was chosen reformer of the laws. For how could offenders and wicked men be condemned by order of the council of the Areopagites before Solon, if Solon was the first that gave it authority to judge?

Miscellaneous Laws; the Rights of Women

Furthermore amongst the rest of his laws, one of them indeed was of his own device: for the like was never stablished elsewhere. And it is that law, that pronounceth him defamed, and dishonest, who in a civil uproar among the citizens, sitteth still a looker-on, and a neuter, and taketh part with neither side. Whereby his mind was as it should appear, that private men should not be only careful to put themselves and their causes in safety, nor yet should be careless for other men’s matters, or think it a virtue not to meddle with the miseries and misfortunes of their country, but from the beginning of every sedition that they should join with those that take the justest cause in hand, and rather to hazard themselves with such, than to tarry looking (without putting themselves in danger) which of the two should have the victory.

There is another law also, which at the first sight methinketh is very unhonest and fond. That if any man according to the law hath matched with a rich heir and inheritor, and of himself is impotent, and unable to do the office of a husband, she may lawfully lie with any whom she liketh, of her husband’s nearest kinsmen. Howbeit some affirm, that it is a wise made law for those, which knowing themselves unmeet to entertain wedlock, will for covetousness of lands, marry with rich heirs and possessioners, and mind to abuse poor gentlewomen under the colour of law: and will think to force and restrain nature. This also confirmeth the same, that such a new-married wife should be shut up with her husband, and eat a quince with him: and that he also which marrieth such an inheritor, should of duty see her thrice a month at the least. For although he get no children of her, yet it is an honour the husband doth to his wife, arguing that he taketh her for an honest woman, that he loveth her, and that he esteemeth of her. Besides, it taketh away many mislikings and displeasures which oftentimes happen in such cases, and keepeth love and good will waking, that it die not utterly between them.

Furthermore, he took away all jointures and dowries in other marriages, and willed that the wives should bring their husbands but three gowns only, with some other little movables of small value, and without any other thing as it were: utterly forbidding that they should buy their husbands, or that they should make merchandise of marriages, as of other trades to gain, but would that man and woman should marry together for issue, for pleasure, and for love, but in no case for money.

They greatly commend another law of Solon’s, which forbiddeth to speak ill of the dead. For it is a good and godly thing to think, that they ought not to touch the dead, no more than to touch holy things; and men should take great heed to offend those that are departed out of this world; besides it is a token of wisdom and civility, to beware of immortal enemies. He commanded also in the self-same law, that no man should speak ill of the living, specially in churches, during divine service, or in council chamber of the city, nor in the theatres whilst games were a-playing: upon pain of three silver drachmæ to be paid to him that was injured, and two to the common treasury.