So he was marvellously well thought of, for the law that he made touching wills and testaments. For before, men might not lawfully make their heirs whom they would, but the goods came to the children or kindred of the testator. But he leaving it at liberty, to dispose their goods where they thought good, so they had no children of their own: did therein prefer friendship before kindred, and good will and favour before necessity and constraint, and so made every one lord and master of his own goods. Yet he did not simply and alike allow all sorts of gifts howsoever they were made: but those only which were made by men of sound memory, or by those whose wits failed them not by extreme sickness, or through drinks, medicines, poisonings, charms, or other such violence and extraordinary means, neither yet through the enticements and persuasions of women. As thinking very wisely, there was no difference at all between those that were evidently forced by constraint, and those that were compassed and wrought by subornation at length to do a thing against their will, taking fraud in this case equal with violence, and pleasure with sorrow, as passions with madness, which commonly have as much force the one as the other, to draw and drive men from reason.
He made another law also, in which he appointed women their times to go abroad into the fields, their mourning, their feasts and sacrifices, plucking from them all disorder and wilful liberty, which they used before. For he did forbid that they should carry out of the city with them above three gowns, and to take victuals with them above the value of a half-penny, neither basket nor pannier above a cubit high: and especially he did forbid them to go in the night other than in their coach, and that a torch should be carried before them. He did forbid them also at the burial of the dead, to tear and spoil themselves with blows, to make lamentations in verses, to weep at the funeral of a stranger not being their kinsman, to sacrifice an ox on the grave of the dead, to bury above three gowns with the corpse, to go to other men’s graves, but at the very time of burying the corpse.
And perceiving that the city of Athens began to replenish daily more and more, by men’s repairing thither from all parts, and by reason of the great assured safety and liberty that they found there: and also considering how the greatest part of the realm became in manner heathy, and was very barren, and that men trafficking the seas, are not wont to bring any merchandise to those, which can give them nothing again in exchange: he began to practise that his citizens should give themselves unto crafts and occupations, and made a law, that the son should not be bound to relieve his father being old, unless he had set him in his youth to some occupation.
It was a wise part of Lycurgus (who dwelt in a city where was no resort for strangers, and had so great a territory, as could have furnished twice as many people, as Euripides saith, and moreover on all sides was environed with a great number of slaves of the helots, whom it was needful to keep still in labour and work continually) to have his citizens always occupied in exercises of feats of arms, without making them to learn any other science, but discharge them of all other miserable occupations and handicrafts.
But Solon framing his laws unto things, and not things unto laws, when he saw the country of Attica so lean and barren, that it could hardly bring forth to sustain those that tilled the ground only, and therefore much more impossible to keep so great a multitude of idle people as were in Athens: thought it very requisite to set up occupations, and to give them countenance and estimation. Therefore he ordered, that the council of the Areopagites, should have full power and authority to inquire how every man lived in the city, and also to punish such as they found idle people, and did not labour. Yet to say truly, in Solon’s laws touching women, there are many absurdities, as they fall out ill-favouredly. For he maketh it lawful for any man to kill an adulterer taking him with the fact. But he that ravisheth or forcibly taketh away a free woman, is only condemned to pay a hundred silver drachmæ.