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Some say that the only duty of the vestal virgins is to watch that eternal fire, but others say they perform certain secret rites, about which we have written as much as it is lawful to divulge, in the Life of Camillus.
X. The first maidens who were consecrated by Numa were named Gegania and Verenia; and afterwards Canuleia and Tarpeia were added. Servius subsequently added two more to their number, which has remained six ever since his reign. Numa ordained that the maidens should observe celibacy for thirty years, during the first ten years of which they were to learn their duties, during the next perform them, and during the last to teach others. After this period any of them who wished might marry and cease to be priestesses; but it is said that very few availed themselves of this privilege, and that those few were not happy, but, by their regrets and sorrow for the life they had left, made the others scruple to leave it, prefer to remain virgins till their death. They had great privileges, such as that of disposing of their property by will when their fathers were still alive, like women who have borne three children. When they walk abroad they are escorted by lictors with the fasces; and if they happen to meet any criminal who is being taken to execution, he is not put to death; but the vestal must swear that she met him accidentally, and not on purpose. When they use a litter, no one may pass under it on pain of death. The vestals are corrected by stripes for any faults which they commit, sometimes by the Pontifex Maximus, who flogs the culprit without her clothes, but with a curtain drawn before her. She that breaks her vow of celibacy is buried alive at the Colline Gate, at which there is a mound of earth which stretches some way inside the city wall. In it they construct an underground chamber, of small size, which is entered from above. In it is a bed with bedding, and a lamp burning; and also some small means of supporting life, such as bread, a little water in a vessel, milk, and oil, as though they wished to avoid the pollution of one who had been consecrated with such holy ceremonies dying of hunger. The guilty one is placed in a litter, covered in, and gagged with thongs so that she cannot utter a sound. Then they carry her through the Forum. All make way in silence, and accompany her passage with downcast looks, without speaking. There is no more fearful sight than this, nor any day when the city is plunged into deeper mourning. When the litter reaches the appointed spot, the servants loose her bonds, and the chief priest, after private prayer and lifting his hands to Heaven before his dreadful duty, leads her out, closely veiled, places her upon a ladder which leads down into the subterranean chamber. After this he turns away with the other priests; the ladder is drawn up after she has descended, and the site of the chamber is obliterated by masses of earth which are piled upon it, so that the place looks like any other part of the mound. Thus are the vestals punished who lose their chastity.
XI. Numa is said to have built the Temple of Vesta, which was to contain the sacred fire, in a circular form, imitating thereby not the shape of the earth, but that of the entire universe, in the midst of which the Pythagoreans place the element of fire, which they call Vesta and the Unit. The earth they say is not motionless, and not in the centre of its orbit, but revolves round the central fire, occupying by no means the first or the most honourable place in the system of the universe. These ideas are said to have been entertained by Plato also in his old age; for he too thought that the earth was in a subordinate position, and that the centre of the universe was occupied by some nobler body.
XII. The Pontifices also explain, to those who inquire of them, the proper ceremonies at funerals. For Numa taught them not to think that there was any pollution in death, but that we must pay due honours to the gods below, because they will receive all that is noblest on earth. Especially he taught them to honour the goddess Libitina, the goddess who presides over funeral rites, whether she be Proserpine, or rather Venus, as the most learned Romans imagine, not unnaturally referring our birth and our death to the same divinity.
He also defined the periods of mourning, according to the age of the deceased. He allowed none for a child under three years of age, and for one older the mourning was only to last as many months as he lived years, provided those were not more than ten. The longest mourning was not to continue above ten months, after which space widows were permitted to marry again; but she that took another husband before that term was out was obliged by his decree to sacrifice a cow with calf.
Of Numa's many other institutions I shall only mention two, that of the Salii and of the Feciales, which especially show his love of justice. The Feciales are, as it were, guardians of peace, and in my opinion obtain their name from their office; for they were to act as mediators, and not to permit an appeal to arms before all hope of obtaining justice by fair means had been lost. The Greeks call it peace when two states settle their differences by negotiation and not by arms; and the Roman Feciales frequently went to states that had done wrong and begged them to think better of what they had done. If they rejected their offers, then the Feciales called the gods to witness, invoked dreadful curses upon themselves and their country, if they were about to fight in an unjust cause, and so declared war. Against the will of the Feciales, or without their approval, no Roman, whether king or common soldier, was allowed to take up arms, but the general was obliged first to have it certified to him by the Feciales that the right was on his side, and then to take his measures for a campaign. It is said that the great disaster with the Gauls befell the city in consequence of this ceremony having been neglected. The barbarians were besieging Clusium; Fabius Ambustus was sent as an ambassador to their camp to make terms on behalf of the besieged. His proposals met with a harsh reply, and he, thinking that his mission was at an end, had the audacity to appear before the ranks of the men of Clusium in arms, and to challenge the bravest of the barbarians to single combat. He won the fight, slew his opponent and stripped his body; but the Gauls recognised him, and sent a herald to Rome, complaining that Fabius had broken faith and not kept his word, and had waged war against them without its being previously declared. Hereupon the Feciales urged the Senate to deliver the man up to the Gauls, but he appealed to the people, and by their favour escaped his just doom. Soon after the Gauls came and sacked Rome, except the Capitol. But this is treated of more at length in the 'Life of Camillus.'
XIII. The priests called Salii are said to owe their origin to the following circumstances: In the eighth year of Numa's reign an epidemic raged throughout Italy, and afflicted the city of Rome. Now amidst the general distress it is related that a brazen shield fell from heaven into the hands of Numa. Upon this the king made an inspired speech, which he had learned from Egeria and the Muses. The shield, he said, came for the salvation of the city, and they must guard it, and make eleven more like it, so that no thief could steal the one that fell from heaven, because he could not tell which it was. Moreover the place and the meadows round about it, where he was wont to converse with the Muses, must be consecrated to them, and the well by which it was watered must be pointed out as holy water to the vestal virgins, that they might daily take some thence to purify and sprinkle their temple. The truth of this is said to have been proved by the immediate cessation of the plague. He bade workmen compete in imitating the shield, and, when all others refused to attempt it, Veturius Mamurius, one of the best workmen of the time, produced so admirable an imitation, and made all the shields so exactly alike, that even Numa himself could not tell which was the original. He next appointed the Salii to guard and keep them. These priests were called Salii, not, as some say, after a man of Samothrace or of Mantinea named Salius, who first taught the art of dancing under arms, but rather from the springing dance itself, which they dance through the city when they carry out the shields in the month of March, dressed in scarlet tunics, girt with brazen girdles, with brazen helmets on their heads and little daggers with which they strike the shields. The rest of their dance is done with their feet; they move gracefully, whirling round, swiftly and airily counter-changing their positions with light and vigorous motions according to rhythm and measure. The shields are called ancilia, because of their shape; for they are not round, nor with a perfect circumference, but are cut out of a wavy line, and curl in at the thickest part towards each other; or they may be called ancilia after the name of the elbow, ankon, on which they are carried; at least so Juba conjectures in his endeavours to find a Greek derivation for the word. The name may be connected with the fall of the shield from above (anekathen), or with the healing (akesis) of the plague, and the cessation of that terrible calamity, if we must refer the word to a Greek root.
It is related that, to reward Mamurius for his workmanship, his name is mentioned in the song which the Salii sing while they dance their Pyrrhic dance; others, however, say that it is not Veturium Mamurium that they say, but Veterem Memoriam, which means ancient memory.
XIV. After he had arranged all religious ceremonies, he built, near the temple of Vesta, the Regia, as a kind of royal palace; and there he spent most of his time, engaged in religious duties, instructing the priests, or awaiting some divine colloquy. He had also another house on the hill of Quirinus, the site of which is even now pointed out.
In all religious processions through the city the heralds went first to bid the people cease their work, and attend to the ceremony; for just as the Pythagoreans are said to forbid the worship of the gods in a cursory manner, and to insist that men shall set out from their homes with this purpose and none other in their minds, so Numa thought it wrong that the citizens should see or hear any religious ceremony in a careless, half-hearted manner, and made them cease from all worldly cares and attend with all their hearts to the most important of all duties, religion; so he cleared the streets of all the hammering, and cries, and noises which attend the practice of ordinary trades and handicrafts, before any holy ceremony. Some trace of this custom still survives in the practice of crying out Hoc age when the consul is taking the auspices or making a sacrifice. These words mean "Do this thing," and are used to make the bystanders orderly and attentive. Many of his other precepts are like those of the Pythagoreans; for just as they forbid men to sit upon a quart measure, or to stir the fire with a sword, or to turn back when they set out upon a journey, and bid them sacrifice an odd number to the gods above, and an even one to those below, all of which things had a mystical meaning, which was hidden from the common mass of mankind, so also some of Numa's rites can only be explained by reference to some secret legend, such as his forbidding men to make a libation to the gods with wine made from an unpruned vine, and his ordering that no sacrifice should be made without flour, and that men should turn round while worshipping and sit after they had worshipped. The first two of these seem to point to cultivation of the fruits of the earth, as a part of righteousness; the turning round of the worshippers is said to be in imitation of the revolution of the globe, but it seems more probable that, as all temples look towards the east, the worshipper who enters with his back to the sun turns round towards this god also, and begs of them both, as he makes his circuit, to fulfil his prayer. Unless indeed there is an allusion to the symbolical wheel of the Egyptians, and the change of posture means that nothing human is constant, and that, however God may turn about our lives, it is our duty to be content. The act of sitting after prayer was said to portend that such as were good would obtain a solid and lasting fulfilment of their prayers. Or again, this attitude of rest marks the division between different periods of prayer; so that after the end of one prayer they seat themselves in the presence of the gods, in order that under their auspices they may begin the next. This fully agrees with what has been said above, and shows that the lawgiver intended to accustom his countrymen not to offer their prayers in a hurry, or in the intervals of doing something else, but when they were at leisure and not pressed for time.
XV. By this religious training the city became so easily managed by Numa, and so impressed by his power, as to believe stories of the wildest character about him, and to think nothing incredible or impossible if he wished to do it. For instance, it is related that once he invited many of the citizens to dine with him, and placed before them common vessels and poor fare; but, as they were about to begin dinner, he suddenly said that his familiar goddess was about to visit him, and at once displayed abundance of golden cups and tables covered with costly delicacies. The strangest story of all is that of his conversation with Jupiter. The legend runs that Mount Aventine was not at this time enclosed within the city, but was full of fountains and shady glens, and haunted by two divinities, Picus and Faunus, who may be compared to Satyrs or to Pan, and who, in knowledge of herbs and magic, seem equal to what the Greeks call the Daktyli of Mount Ida. These creatures roamed about Italy playing their tricks, but Numa caught them by filling the spring at which they drank with wine and honey. They turned into all kinds of shapes, and assumed strange and terrible forms, but when they found that they were unable to escape, they told Numa much of the future, and showed him how to make a charm against thunder-bolts, which is used to this day, and is made of onions and hair and sprats. Some say that it was not these deities who told him the charm, but that they by magic arts brought down Jupiter from heaven, and he, in a rage, ordered Numa to make the charm of "Heads"; and when Numa added, "Of onions," he said "Of men's"—"Hair," said Numa, again taking away the terrible part of the imprecation. When then Jupiter said "With living"—"Sprats," said Numa, answering as Egeria had taught him. The god went away appeased, and the place was in consequence called Ilicius. This was how the charm was discovered.
These ridiculous legends show the way in which the people had become accustomed to regard the gods. Indeed Numa is said to have placed all his hopes in religion, to such an extent that even when a message was brought him, saying, "The enemy are approaching," he smiled and said, "And I am sacrificing."
XVI. The first temples that he founded are said to have been those of Fides or Faith, and Terminus. Fides is said to have revealed to the Romans the greatest of all oaths, which they even now make use of; while Terminus is the god of boundaries, to whom they sacrifice publicly, and also privately at the divisions of men's estates; at the present time with living victims, but in old days this was a bloodless sacrifice, for Numa argued that the god of boundaries must be a lover of peace, and a witness of righteousness, and therefore averse to bloodshed.
Indeed Numa was the first king who defined the boundaries of the country, since Romulus was unwilling, by measuring what was really his own, to show how much he had taken from other states: for boundaries, if preserved, are barriers against violence; if disregarded, they become standing proofs of lawless injustice. The city had originally but a small territory of its own, and Romulus gained the greater part of its possessions by the sword. All this Numa distributed among the needy citizens, thereby removing the want which urged them to deeds of violence, and, by turning the people's thoughts to husbandry, he made them grow more civilised as their land grew more cultivated. No profession makes men such passionate lovers of peace as that of a man who farms his own land; for he retains enough of the warlike spirit to fight fiercely in defence of his own property, but has lost all desire to despoil and wrong his neighbours. It was for this reason that Numa encouraged agriculture among the Romans, as a spell to charm away war, and loved the art more because of its influence on men's minds than because of the wealth which it produced. He divided the whole country into districts, which he called pagi, and appointed a head man for each, and a patrol to guard it. And sometimes he himself would inspect them, and, forming an opinion of each man's character from the condition of his farm, would raise some to honours and offices of trust, and blaming others for their remissness, would lead them to do better in future.
XVII. Of his other political measures, that which is most admired is his division of the populace according to their trades. For whereas the city, as has been said, originally consisted of two races, which stood aloof one from the other and would not combine into one, which led to endless quarrels and rivalries, Numa, reflecting that substances which are hard and difficult to combine together, can nevertheless be mixed and formed into one mass if they are broken up into small pieces, because then they more easily fit into each other, determined to divide the whole mass of the people of Rome into many classes, and thus, by creating numerous petty rivalries, to obliterate their original and greatest cause of variance.
His division was according to their trades, and consisted of the musicians, the goldsmiths, the builders, the dyers, the shoemakers, the carriers, the coppersmiths, and the potters. All the other trades he united into one guild. He assigned to each trade its special privileges, common to all the members, and arranged that each should have its own times of meeting, and worship its own special patron god, and by this means he did away with that habit, which hitherto had prevailed among the citizens, of some calling themselves Sabines, and some Romans; one boasting that they were Tatius's men, and other Romulus's. So this division produced a complete fusion and unity. Moreover he has been much praised for another of his measures, that, namely, of correcting the old law which allows fathers to sell their sons for slaves. He abolished this power in the case of married men, who had married with their father's consent; for he thought it a monstrous injustice that a woman, who had married a free man, should be compelled to be the wife of a slave.
XVIII. He also dealt with astronomical matters, not with perfect accuracy, and yet not altogether without knowledge. During the reign of Romulus the months had been in a state of great disorder, some not containing twenty days, some five-and-thirty, and some even more, because the Romans could not reconcile the discrepancies which arise from reckoning by the sun and the moon, and only insisted upon one thing, that the year should consist of three hundred and sixty days.
Numa reckoned the variation to consist of eleven days, as the lunar year contains three hundred and fifty-four days, and the solar year three hundred and sixty-five. He doubled these eleven days and introduced them every other year, after February, as an intercalary month, twenty-two days in duration, which was called by the Romans Mercedinus. This was a remedy for the irregularities of the calendar which itself required more extensive remedies.
He also altered the order of the months, putting March, which used to be the first month, third, and making January the first, which in the time of Romulus had been the eleventh, and February the second, which then had been the twelfth. There are many writers who say that these months, January and February, were added to the calendar by Numa, and that originally there had only been ten months in the year, just as some barbarians have three, and in Greece the Arcadians have four, and the Acarnanians six. The Egyptians originally had but one month in their year, and afterwards are said to have divided it into four mouths; wherefore, though they live in the newest of all countries, they appear to be the most ancient of all nations, and in their genealogies reckon an incredible number of years, because they count their months as years.
XIX. One proof that the Romans used to reckon ten months and not twelve in the year is the name of the last month; for up to the present day it is called December, the tenth, and the order of the months shows that March was the first, for the fifth month from it they called Quintilis, the fifth; and the sixth month Sextilis, and so on for the others, although, by their putting January and February before March, it resulted that the month which they number fifth is really seventh in order. Moreover, there is a legend that the month of March, being the first, was dedicated by Romulus to Mars, and the second, April, to Aphrodite (Venus); in which month they sacrifice to this goddess, and the women bathe on the first day of it crowned with myrtle. Some, however, say that April is not named after Aphrodite, because the word April does not contain the letter h, and that it comes from the Latin word aperio, and means the month in which the spring-time opens the buds of plants; for that is what the word signifies. Of the following months, May is named after Maia, the mother of Hermes or Mercury, for it is dedicated to her, and June from Juno. Some say that these names signify old age and youth, for old men are called by the Latins majores, and young men juniores. The remaining months they named, from the order in which they came, the fifth, sixth, seventh, eighth, ninth, tenth: Quintilis, Sextilis, September, October, November, December. Then Quintilis was called Julius after Julius Caesar, who conquered Pompeius; and Sextilis was called Augustus, after the second of the Roman Emperors. The next two months Domitian altered to his own titles, but not for any long time, as after his death they resumed their old names of September and October. The last two alone have preserved their original names without change. Of the months, added or altered by Numa, Februarius means the month of purification, for that is as nearly as possible the meaning of the word, and during it they sacrifice to the dead, and hold the festival of the Lupercalia, which resembles a ceremony of purification. The first month, Januarius, is named after Janus. My opinion is, that Numa moved the month named after Mars from its precedence, wishing the art of good government to be honoured before that of war. For Janus in very ancient times was either a deity or a king, who established a social polity, and made men cease from a savage life like that of wild beasts. And for this reason his statues are made with a double face, because he turned men's way of life from one form to another.
XX. There is a temple to him in Rome, which has two doors, and which they call the gate of war. It is the custom to open the temple in time of war, and to close it during peace. This scarcely ever took place, as the empire was almost always at war with some state, being by its very greatness continually brought into collision with the neighbouring tribes. Only in the time of Caesar Augustus, after he had conquered Antonius, it was closed; and before that, during the consulship of Marcus Atilius and Titus Manlius, for a short time, and then was almost immediately reopened, as a new war broke out. But during Numa's reign no one saw it open for a single day, and it remained closed for forty-three years continuously, so utterly had he made wars to cease on all sides. Not only was the spirit of the Romans subdued and pacified by the gentle and just character of their king, but even the neighbouring cities, as if some soothing healthful air was breathed over them from Rome, altered their habits and longed to live quiet and well-governed, cultivating the earth, bringing up their families in peace, and worshipping the gods. And gay festivals and entertainments, during which the people of the various states fearlessly mixed with one another, prevailed throughout Italy, for Numa's knowledge of all that was good and noble was shed abroad like water from a fountain, and the atmosphere of holy calm by which he was surrounded spread over all men. The very poets when they wrote of that peaceful time were unable to find adequate expressions for it, as one writes—
"Across the shields are cobwebs laid, Rust eats the lance and keen edged blade; No more we hear the trumpets bray. And from our eyes no more is slumber chased away."
No war, revolution, or political disturbance of any kind is recorded during Numa's reign, neither was there any envy or hatred of him or any attempt by others to obtain the crown; but either fear of the gods who visibly protected him, or reverence for his virtues, or the special grace of Heaven, made men's lives innocent and untainted with evil, and formed a striking proof of the truth of what Plato said many years afterwards, that the only escape from misery for men is when by Divine Providence philosophy is combined with royal power, and used to exalt virtue over vice. Blessed indeed is the truly wise man, and blessed are they who hear the words of his mouth. Indeed his people require no restraints or punishments, but seeing a plain example of virtue in the life of their chief, they themselves of their own accord reform their lives, and model them upon that gentle and blessed rule of love and just dealing one with another which it is the noblest work of politicians to establish. He is most truly a king who can teach such lessons as these to his subjects, and Numa beyond all others seems to have clearly discerned this truth.
XXI. Historians differ in their accounts of his wives and children. Some say that he married Tatia alone, and was the father of one daughter only, named Pompilia; but others, besides her, assign to him four sons, named Pompo, Pinus, Calpus, and Mamercus, from whom descended the four noble families of the Pomponii, Pinarii, Calphurnii, and Mamerci, which for this reason took the title of Rex, that is, king. Others again say that these pedigrees were invented to flatter these families, and state that the Pompilian family descends not from Tatia, but from Lucretia, whom he married after he became king. All, however, agree that Pompilia married Marcius, the son of that Marcius who encouraged Numa to accept the crown. This man accompanied Numa to Rome, was made a member of the Senate, and after Numa's death laid claim to the crown, but was worsted by Tullus Hostilius and made away with himself. His son Marcius, who married Pompilia, remained in Rome, and became the father of Ancus Marcius, who was king after Tullus Hostilius, and who was only five years old when Numa died.
We are told by Piso that Numa died, not by a sudden death, but by slow decay from sheer old age, having lived a little more than eighty years.
XXII. He was enviable even in death, for all the friendly and allied nations assembled at his funeral with national offerings. The senators bore his bier, which was attended by the chief priests, while the crowd of men, women and children who were present, followed with such weeping and wailing, that one would have thought that, instead of an aged king, each man was about to bury his own dearest friend, who had died in the prime of life. At his own wish, it is said, the body was not burned, but placed in two stone coffins and buried on the Janiculum Hill. One of these contained his body, and the other the sacred books which he himself had written, as Greek legislators write their laws upon tablets. During his life he had taught the priests the contents of these books, and their meaning and spirit, and ordered them to be buried with his corpse, because it was right that holy mysteries should be contained, not in soulless writings, but in the minds of living men. For the same reason they say that the Pythagoreans never reduced their maxims to writing, but implanted them in the memories of worthy men; and when some of their difficult processes in geometry were divulged to some unworthy men, they said that Heaven would mark its sense of the wickedness which had been committed by some great public calamity; so that, as Numa's system so greatly resembled that of Pythagoras, we can easily pardon those who endeavour to establish a connection between them.
Valerius of Antium says that twelve sacred books and twelve books of Greek philosophy were placed in the coffin. Four hundred years afterwards, when Publius Cornelius and Marcus Baebius were consuls, a great fall of rain took place, and the torrent washed away the earth and exposed the coffins. When the lids were removed, one of the coffins was seen by all men to be empty, and without any trace of a corpse in it; the other contained the books, which were read by Petilius the praetor, who reported to the Senate that in his opinion it was not right that their contents should be made known to the people, and they were therefore carried to the Comitium and burned there.
All good and just men receive most praise after their death, because their unpopularity dies with them or even before them; but Numa's glory was enhanced by the unhappy reigns of his successors. Of five kings who succeeded him, the last was expelled and died an exile, and of the other four, not one died a natural death, but three were murdered by conspirators, and Tullus Hostilius, who was king next after Numa, and who derided and insulted his wise ordinances, especially those connected with religion, as lazy and effeminate, and who urged the people to take up arms, was cut down in the midst of his boastings by a terrible disease, and became subject to superstitious fears in no way resembling Numa's piety. His subjects were led to share these terrors, more especially by the manner of his death, which is said to have been by the stroke of a thunderbolt.
COMPARISON OF NUMA WITH LYKURGUS.
I. Now that we have gone through the lives of Numa and Lykurgus, we must attempt, without being daunted by difficulties, to reconcile the points in which they appear to differ from each other. Much they appear to have had in common, as, for example, their self-control, their piety, and their political and educational ability; and while the peculiar glory of Numa is his acceptance of the throne, that of Lykurgus is his abdication. Numa received it without having asked for it; Lykurgus when in full possession gave it up. Numa, though a private man and not even a Roman, was chosen by the Romans as their king; but Lykurgus from being a king reduced himself to a private station. It is honourable to obtain a crown by righteousness, but it is also honourable to prefer righteousness to a crown. Numa's virtue made him so celebrated that he was judged worthy to be king, Lykurgus' made him so great that he did not care to be king.
Again, like those who tune the strings of a lyre, Lykurgus drew tighter the relaxed and licentious Sparta, while Numa merely slackened the highly strung and warlike Rome, so that here Lykurgus had the more difficult task. He had to persuade his countrymen, not to take off their armour and lay aside their swords, but to leave off using gold and silver, and to lay aside costly hangings and furniture; he had not to make them exchange wars for sacrifices and gay festivals, but to cease from feasts and drinking-parties, and work hard both in the field and in the palaestra to train themselves for war.
For this reason, Numa was able to effect his purpose without difficulty, and without any loss of popularity and respect; while Lykurgus was struck and pelted, and in danger of his life, and even so could scarcely carry out his reforms. Yet the genius of Numa was kindly and gentle, and so softened and changed the reckless fiery Romans that they became peaceful, law-abiding citizens; and if we must reckon Lykurgus' treatment of the Helots as part of his system, it cannot be denied that Numa was a far more civilised lawgiver, seeing that he allowed even to actual slaves some taste of liberty, by his institution of feasting them together with their masters at the festival of Saturn.
For this custom of allowing the labourers to share in the harvest-feast is traced to Numa. Some say that this is in remembrance of the equality which existed in the time of Saturn, when there was neither master nor slave, but all were kinsmen and had equal rights.
II. Both evidently encouraged the spirit of independence and self-control among their people, while of other virtues, Lykurgus loved bravery, and Numa loved justice best; unless indeed we should say that, from the very different temper and habits of the two states, they required to be treated in a different manner. It was not from cowardice, but because he scorned to do an injustice, that Numa did not make war; while Lykurgus made his countrymen warlike, not in order that they might do wrong, but that they might not be wronged. Each found that the existing system required very important alterations to check its excesses and supply its defects. Numa's reforms were all in favour of the people, whom he classified into a mixed and motley multitude of goldsmiths and musicians and cobblers; while the constitution introduced by Lykurgus was severely aristocratic, driving all handicrafts into the hands of slaves and foreigners, and confining the citizens to the use of the spear and shield, as men whose trade was war alone, and who knew nothing but how to obey their leaders and to conquer their enemies. In Sparta a free man was not permitted to make money in business, in order that he might be truly free.
Each thing connected with the business of making money, like that of preparing food for dinner, was left in the hands of slaves and helots. Numa made no regulations of this kind, but, while he put an end to military plundering, raised no objection to other methods of making money, nor did he try to reduce inequalities of fortune, but allowed wealth to increase unchecked, and disregarded the influx of poor men into the city and the increase of poverty there, whereas he ought at the very outset, like Lykurgus, while men's fortunes were still tolerably equal, to have raised some barrier against the encroachments of wealth, and to have restrained the terrible evils which take their rise and origin in it. As for the division of the land among the citizens, in my opinion, Lykurgus cannot be blamed for doing it, nor yet can Numa for not doing it. The equality thus produced was the very foundation and corner-stone of the Lacedaemonian constitution, while Numa had no motive for disturbing the Roman lands, which had only been recently distributed among the citizens, or to alter the arrangements made by Romulus, which we may suppose were still in force throughout the country.
III. With regard to a community of wives and children, each took a wise and statesman-like course to prevent jealousy, although the means employed by each were different. A Roman who possessed a sufficient family of his own might be prevailed upon by a friend who had no children to transfer his wife to him, being fully empowered to give her away, by divorce, for this purpose; but a Lacedaemonian was accustomed to lend his wife for intercourse with a friend, while she remained living in his house, and without the marriage being thereby dissolved. Many, we are told, even invited those who, they thought, would beget fine and noble children, to converse with their wives. The distinction between the two customs seems to be this: the Spartans affected an unconcern and insensibility about a matter which excites most men to violent rage and jealousy; the Romans modestly veiled it by a legal contract which seems to admit how hard it is for a man to give up his wife to another. Moreover Numa's regulations about young girls were of a much more feminine and orderly nature, while those of Lykurgus were so highflown and unbecoming to women, as to have been the subject of notice by the poets, who call them Phainomerides, that is with bare thighs, as Ibykus says; and they accuse them of lust, as Euripides says—
"They stay not, as befits a maid, at home, But with young men in shameless dresses roam."
For in truth the sides of the maiden's tunic were not fastened together at the skirt, and so flew open and exposed the thigh as they walked, which is most clearly alluded to in the lines of Sophokles—
"She that wanders nigh, With scanty skirt that shows the thigh, A Spartan maiden fair and free, Hermione."
On this account they are said to have become bolder than they should be, and to have first shown this spirit towards their husbands, ruling uncontrolled over their households, and afterwards in public matters, where they freely expressed their opinions upon the most important subjects. On the other hand, Numa preserved that respect and honour due from men to matrons which they had met with under Romulus, who paid them these honours to atone for having carried them off by force, but he implanted in them habits of modesty, sobriety, and silence, forbidding them even to touch wine, or to speak even when necessary except in their husbands' presence. It is stated that once, because a woman pleaded her own cause in the Forum, the Senate sent to ask the oracle what this strange event might portend for the state.
A great proof of the obedience and modesty of the most part of them is the way in which the names of those who did any wrong is remembered. For, just as in Greece, historians record the names of those who first made war against their own kindred or murdered their parents, so the Romans tell us that the first man who put away his wife was Spurius Carvilius, nothing of the kind having happened in Rome for two hundred and thirty years from its foundation; and that the wife of Pinarius, Thalaea by name, was the first to quarrel with her mother-in-law Gegania in the reign of Tarquinius Superbus—so well and orderly were marriages arranged by this lawgiver.
IV. The rest of their laws for the training and marriage of maidens agree with one another, although Lykurgus put off the time of marriage till they were full-grown, in order that their intercourse, demanded as it was by nature, might produce love and friendship in the married pair rather than the dislike often experienced by an immature child towards her husband, and also that their bodies might be better able to support the trials of child-bearing, which he regarded as the sole object of marriage; whereas the Romans gave their daughters in marriage at the age of twelve years or even younger, thinking thus to hand over a girl to her husband pure and uncorrupt both in body and mind. It is clear that the former system is best for the mere production of children, and the latter for moulding consorts for life. But by his superintendence of the young, his collecting them into companies, his training and drill, with the table and exercises common to all, Lykurgus showed that he was immensely superior to Numa, who, like any commonplace lawgiver, left the whole training of the young in the hands of their fathers, regulated only by their caprice or needs; so that whoever chose might bring up his son as a shipwright, a coppersmith, or a musician, as though the citizens ought not from the very outset to direct their attention to one object, but were like people who have embarked in the same ship for various causes, who only in time of danger act together for the common advantage of all, and at other times pursue each his own private ends. Allowance must be made for ordinary lawgivers, who fail through want of power or of knowledge in establishing such a system; but no such excuse can be made for Numa, who was a wise man, and who was made king of a newly-created state which would not have opposed any of his designs. What could be of greater importance than to regulate the education of the young and so to train them that they might all become alike in their lives and all bear the same impress of virtue? It was to this that Lykurgus owed the permanence of his laws; for he could not have trusted to the oaths which he made them take, if he had not by education and training so steeped the minds of the young in the spirit of his laws, and by his method of bringing them up implanted in them such a love for the state, that the most important of his enactments remained in force for more than five hundred years; for the lives of all Spartans seem to have been coloured by these laws. That which was the aim and end of Numa's policy, that Rome should be at peace and friendly with her neighbours, ceased immediately upon his death; at once the double-gated temple, which he kept closed as if he really kept war locked up in it, had both its gates thrown open and filled Italy with slaughter. His excellent and righteous policy did not last for a moment, for the people were not educated to support it, and therefore it could not be lasting. But, it may be asked, did not Rome flourish by her wars? It is hard to answer such a question, in an age which values wealth, luxury, and dominion more than a gentle peaceful life that wrongs no one and suffices for itself. Yet this fact seems to tell for Lykurgus, that the Romans gained such an enormous increase of power by departing from Numa's policy, while the Lacedaemonians, as soon as they fell away from the discipline of Lykurgus, having been the haughtiest became the most contemptible of Greeks, and not only lost their supremacy, but had even to struggle for their bare existence. On the other hand, it was truly glorious for Numa that he was a stranger and sent for by the Romans to be their king; that he effected all his reforms without violence, and ruled a city composed of discordant elements without any armed force such as Lykurgus had to assist him, winning over all men and reducing them to order by his wisdom and justice.
LIFE OF SOLON.
I. Didymus the grammarian, in the book about Solon's laws which he wrote in answer to Asklepiades, quotes a saying of one Philokles, that Solon was the son of Euphorion, which is quite at variance with the testimony of all other writers who have mentioned Solon: for they all say that he was the son of Exekestides, a man whose fortune and power were only moderate, but whose family was of the noblest in Athens; for he was descended from Kodrus the last Athenian king. Herakleides of Pontus relates that the mother of Solon was first cousin to the mother of Peisistratus. The two boys, we are told, were friends when young, and when in after years they differed in politics they still never entertained harsh or angry feelings towards one another, but kept alive the sacred flame of their former intimate friendship. Peisistratus is even said to have dedicated the statue of Love in the Academy where those who are going to run in the sacred torch-race light their torches.
II. According to Hermippus, Solon, finding that his father had by his generosity diminished his fortune, and feeling ashamed to be dependent upon others, when he himself was come of a house more accustomed to give than to receive, embarked in trade, although his friends were eager to supply him with all that he could wish for. Some, however, say that Solon travelled more with a view to gaining experience and learning than to making money. He was indeed eager to learn, as he wrote when an old man,
"Old to grow, but ever learning,"
but disregarded wealth, for he wrote that he regarded as equally rich the man who owned
"Gold and broad acres, corn and wine; And he that hath but clothes and food, A wife, and youthful strength divine."
Yet elsewhere he has written, but
"I long for wealth, not by fraud obtained, For curses wait on riches basely gained."
There is no reason for an upright statesman either to be over anxious for luxuries or to despise necessaries. At that period, as Hesiod tells us, "Work was no disgrace," nor did trade carry any reproach, while the profession of travelling merchant was even honourable, as it civilised barbarous tribes, and gained the friendship of kings, and learned much in many lands. Some merchants founded great cities, as, for example, Protis, who was beloved by the Gauls living near the Rhone, founded Marseilles. It is also said that Thales the sage, and Hippocrates the mathematician, travelled as merchants, and that Plato defrayed the expenses of his journey to Egypt by the oil which he disposed of in that country.
III. Solon's extravagance and luxurious mode of life, and his poems, which treat of pleasure more from a worldly than a philosophic point of view, are attributed to his mercantile training; for the great perils of a merchant's life require to be paid in corresponding pleasures. Yet it is clear that he considered himself as belonging to the class of the poor, rather than that of the rich, from the following verses:
"The base are rich, the good are poor; and yet Our virtue for their gold we would not change; For that at least is ours for evermore, While wealth we see from hand to hand doth range."
His poetry was originally written merely for his own amusement in his leisure hours; but afterwards he introduced into it philosophic sentiments, and interwove political events with his poems, not in order to record them historically, but in some cases to explain his own conduct, and in others to instruct, encourage, or rebuke the Athenians. Some say that he endeavoured to throw his laws into an epic form, and tell us that the poem began—
"To Jove I pray, great Saturn's son divine, To grant his favour to these laws of mine."
Of ethical philosophy, he, like most of the sages of antiquity, was most interested in that branch which deals with political obligations. As to natural science, his views are very crude and antiquated, as we see from the following verses:
"From clouds the snow and hail descend, And thunderbolts the lightnings send; The waves run high when gales do blow, Without the wind they're still enow."
Indeed, of all the sages of that time, Thales alone seems to have known more of physics than was necessary to supply man's every-day needs; all the others having gained their reputation for political wisdom.
IV. These wise men are said to have met at Delphi, and again at Corinth, where they were entertained by the despot Periander. Their reputation was greatly increased by the tripod which was sent to all of them and refused by all with a gracious rivalry. The story goes that some men of Cos were casting a net, and some strangers from Miletus bought the haul of them before it reached the surface.
The net brought up a golden tripod, the same which, it is said, Helen threw into the sea at that spot, in accordance with some ancient oracle, when she was sailing away from Troy. A dispute arose at first between the strangers and the fishermen; afterwards it was taken up by their respective cities, who even came to blows about it. Finally they consulted the oracle at Delphi, which ordered it to be given to the wisest. Now it was first sent to Miletus, to Thales, as the men of Cos willingly gave it to that one man, although they had fought with all the Milesians together about it. Thales said that Bias was wiser than himself, and sent it to him; and by him it was again sent to another man, as being wiser yet. So it went on, being sent from one to another until it came to Thales a second time, and at last was sent from Miletus to Thebes and consecrated to Apollo Ismenius. As Theophrastus tells the story, the tripod was first sent to Bias at Priene, and secondly to Thales at Miletus, and so on through all of the wise men until it again reached Bias, and was finally offered at Delphi. This is the more common version of the story, although some say that it was not a tripod but a bowl sent by Croesus, others that it was a drinking-cup left behind by one Bathykles.
V. Anacharsis is said to have met Solon, and afterwards Thales in private, and to have conversed with them. The story goes that Anacharsis came to Athens, went to Solon's door, and knocked, saying that he was a stranger and had come to enter into friendship with him. When Solon answered that friendships were best made at home, Anacharsis said, "Well then, do you, who are at home, enter into friendship with me." Solon, admiring the man's cleverness, received him kindly, and kept him for some time in his house. He was at this time engaged in politics, and was composing his laws. Anacharsis, when he discovered this, laughed at Solon's undertaking, if he thought to restrain the crimes and greed of the citizens by written laws, which he said were just like spiders' webs; for, like them, they caught the weaker criminals, but were broken through by the stronger and more important.
To this Solon answered, that men keep covenants, because it is to the advantage of neither party to break them; and that he so suited his laws to his countrymen, that it was to the advantage of every one to abide by them rather than to break them. Nevertheless, things turned out more as Anacharsis thought than as Solon wished. Anacharsis said too, when present at an assembly of the people, that he was surprised to see that in Greece wise men spoke upon public affairs, and ignorant men decided them.
VI. When Solon went to Thales at Miletus, he expressed his wonder at his having never married and had a family. Thales made no answer at the time, but a few days afterwards arranged that a man should come to him and say that he left Athens ten days before. When Solon inquired of him, whether anything new had happened at Athens, the man answered, as Thales had instructed him, that "there was no news, except the death of a young man who had been escorted to his grave by the whole city. He was the son, they told him, of a leading citizen of great repute for his goodness, but the father was not present, for they said he had been travelling abroad for some years." "Unhappy man," said Solon, "what was his name?" "I heard his name," answered the man, "but I cannot remember it; beyond that there was much talk of his wisdom and justice." Thus by each of his answers he increased Solon's alarm, until he at last in his excitement asked the stranger whether it were not Solon's son that was dead. The stranger said that it was. Solon was proceeding to beat his head and show all the other marks of grief, when Thales stopped him, saying with a smile, "This, Solon, which has the power to strike down so strong a man as you, has ever prevented my marrying and having children. But be of good courage, for this tale which you have been told is untrue." This story is said by Hermippus to have been told by Pataikos, he who said that he had inherited the soul of Aesop.
VII. It is a strange and unworthy feeling that prompts a man not to claim that to which he has a right, for fear that he may one day lose it; for by the same reasoning he might refuse wealth, reputation, or wisdom, for fear of losing them hereafter. We see even virtue, the greatest and most dear of all possessions, can be destroyed by disease or evil drugs; and Thales by avoiding marriage still had just as much to fear, unless indeed he ceased to love his friends, his kinsmen, and his native land. But even he adopted his sister's son Kybisthus; for the soul has a spring of affection within it, and is formed not only to perceive, to reflect, and to remember, but also to love. If it finds nothing to love at home, it will find something abroad; and when affection, like a desert spot, has no legitimate possessors, it is usurped by bastard children or even servants, who when they have obtained our love, make us fear for them and be anxious about them. So that one may often see men, in a cynical temper, inveighing against marriage and children, who themselves shortly afterwards will be plunged into unmanly excesses of grief, at the loss of their child by some slave or concubine. Some have even shown terrible grief at the death of dogs and horses; whereas others, who have lost noble sons, made no unusual or unseemly exhibition of sorrow, but passed the remainder of their lives calmly and composedly. Indeed it is weakness, not affection, which produces such endless misery and dread to those who have not learned to take a rational view of the uncertainty of life, and who cannot enjoy the presence of their loved ones because of their constant agony for fear of losing them. We should not make ourselves poor for fear of losing our property, nor should we guard ourselves against a possible loss of friends by making none; still less ought we to avoid having children for fear that our child might die. But we have already dwelt too much upon this subject.
VIII. After a long and harassing war with the Megarians about the possession of the Island of Salamis, the Athenians finally gave up in sheer weariness, and passed a law forbidding any one for the future, either to speak or to write in favour of the Athenian claim to Salamis, upon pain of death. Solon, grieved at this dishonour, and observing that many of the younger men were eager for an excuse to fight, but dared not propose to do so because of this law, pretended to have lost his reason. His family gave out that he was insane, but he meanwhile composed a poem, and when he had learned it by heart, rushed out into the market-place wearing a small felt cap, and having assembled a crowd, mounted the herald's stone and recited the poem which begins with the lines—
"A herald I from Salamis am come, My verse will tell you what should there be done."
The name of this poem is Salamis; it consists of a hundred beautifully written lines. After he had sung it, his friends began to commend it, and Peisistratus made a speech to the people, which caused such enthusiasm that they abrogated the law and renewed the war, with Solon as their leader. The common version of the story runs thus: Solon sailed with Peisistratus to Kolias, where he found all the women of the city performing the customary sacrifice to Demeter (Ceres). At the same time, he sent a trusty man to Salamis, who represented himself as a deserter, and bade the Megarians follow him at once to Kolias, if they wished to capture all the women of the first Athenian families. The Megarians were duped, and sent off a force in a ship. As soon as Solon saw this ship sail away from the island, he ordered the women out of the way, dressed up those young men who were still beardless in their clothes, headdresses, and shoes, gave them daggers, and ordered them to dance and disport themselves near the seashore until the enemy landed, and their ship was certain to be captured. So the Megarians, imagining them to be women, fell upon them, struggling which should first seize them, but they were cut off to a man by the Athenians, who at once sailed to Salamis and captured it.
IX. Others say that the island was not taken in this way, but that first of all Solon received the following oracular response from Apollo at Delphi:
"Appease the land's true lords, the heroes blest, Who near Asopia's fair margin rest, And from their tombs still look towards the West."
After this, Solon is said to have sailed by night, unnoticed by the Megarians, and to have sacrificed to the heroes Periphemus and Kychreus. His next act was to raise five hundred Athenian volunteers, who by a public decree were to be absolute masters of the island if they could conquer it. With these he set sail in a number of fishing-boats, with a triaconter or ship of war of thirty oars, sailing in company, and anchored off a certain cape which stretches towards Euboea. The Megarians in Euboea heard an indistinct rumour of this, and at once ran to arms, and sent a ship to reconnoitre the enemy. This ship, when it came near Solon's fleet, was captured and its crew taken prisoners. On board of it Solon placed some picked men, and ordered them to make sail for the city of Salamis, and to conceal themselves as far as they could. Meanwhile he with the remaining Athenians attacked the Megarian forces by land; and while the battle was at its hottest, the men in the ship succeeded in surprising the city.
This story appears to be borne out by the proceedings which were instituted in memory of the capture. In this ceremony an Athenian ship used to sail to Salamis, at first in silence, and then as they neared the shore with warlike shouts. Then a man completely armed used to leap out and run, shouting as he went, up to the top of the hill called Skiradion, where he met those who came by land. Close by this place stands the temple of Ares, which Solon built; for he conquered the Megarians in the battle, and sent away the survivors with a flag of truce.
X. However, as the Megarians still continued the war, to the great misery of both sides, they agreed to make the Lacedaemonians arbitrators and judges between them. Most writers say that Solon brought the great authority of Homer's 'Iliad' to his aid, by interpolating in the catologue of ships the two verses—
"Ajax from Salamis twelve vessels good Brought, and he placed them where the Athenians stood,"
which he had read as evidence before the court.
The Athenians, however, say that all this is nonsense, but that Solon proved to the arbitrators that Philaeus and Eurysakes, the sons of Ajax, when they were enrolled as Athenian citizens, made over the island to Athens, and dwelt, one at Brauron, in Attica, and the other at Melite; moreover, there is an Athenian tribe which claims descent from Philaeus, to which Peisistratus belonged. Wishing, however, yet more thoroughly to prove his case against the Megarians, he based an argument on the tombs in the island, in which the corpses were buried, not in the Megarian, but in the Athenian manner. For the Megarians bury their dead looking towards the east, and the Athenians towards the west. But Hereas of Megara denies this, and says that the Megarians also bury their dead looking towards the west, and moreover, that each Athenian had a coffin to himself, while the Megarians place two or three bodies in one coffin. However, Solon supported his case by quoting certain oracles from Delphi, in which the god addresses Salamis as Ionian. The Spartan arbitrators were five in number, their names being Kritolaidas, Amompharetus, Hypsichidas, Anaxilos, and Kleomenes.
XI. Solon's reputation and power were greatly increased by this, but he became much more celebrated and well-known in Greece by his speeches on behalf of the temple at Delphi, in which he urged the necessity of checking the insolent conduct of the people of Kirrha towards the temple, and of rallying in defence of the god. The Amphiktyons, prevailed upon by his eloquence, declared war, as we learn from Aristotle, among other writers, in his book about the winners of the prize at the Pythian games, in which he attributes this decision to Solon. However, he was not made general in that war, as Hermippus relates, quoting from Evanthes of Samos; for Aeschines the orator does not mention him, and, in the records of Delphi, Alkmaeon, not Solon, is mentioned as general of the Athenians on that occasion.
XII. Athens had long been suffering from the anger of the gods, which it had incurred by the treatment of Kylon's party. These conspirators took sanctuary in Athene's temple, but were induced by Megakles the archon to quit it and stand their trial. They fastened a thread to the shrine of the goddess, and kept hold of it so as still to be under her protection. But as they were coming down from the Acropolis, just beside the temple of the Furies, the string broke, and Megakles and the other archons, thinking that the goddess rejected their appeal, seized them. Some of them were stoned to death outside the temple, and some who had fled for sanctuary to the altars were slain there. Only those who fell as suppliants at the feet of the archons' wives were spared. After this the archons were called accursed, and were viewed with horror; moreover, the survivors of Kylon's party regained strength, and continued their intrigues against Megakles and the archons. At the time of which we are speaking these dissensions had reached their height, and the city was divided into two factions, when Solon, who was already a man of great reputation, came forward with some of the noblest Athenians, and by his entreaties and arguments prevailed upon those magistrates who were called accursed, to stand trial and be judged by a jury of three hundred citizens selected from the best families. Myron of Phlya prosecuted, and the archons were found guilty, and forced to leave the country. The bodies of such of them as had died were dug up, and cast out beyond the borders of Attica.
During these disorders the Athenians were again attacked by the Megarians, and lost Nisaea, and were again driven out of Salamis. The city was also a prey to superstitious terrors, and apparitions were seen, so that the prophets, after inspecting their victims, said that the city was polluted and under a curse, and that it required purification. Upon this they sent for Epimenides the Phaestian, of Crete, who is reckoned among the seven wise men of Greece, by some of those who do not admit Periander into their number. He was thought to enjoy the favour of Heaven, and was skilled in all the lore of the sacred mysteries, and in the sources of divine inspiration; wherefore he was commonly reported to be the child of the nymph Balte, and to be one of the old Curetes of Crete revived. He came to Athens and was a friend to Solon, assisting him greatly in his legislation. He remodelled their religious rites, and made their mourning more moderate, introducing certain sacrifices shortly after the funeral, and abolishing the harsh and barbarous treatment which women were for the most part subject to before in times of mourning. Above all, by purifications and atoning sacrifices, and the erection of new temples, he so sanctified and hallowed the city as to make the minds of the people obedient to the laws, and easily guided into unity and concord. It is said that he saw Munychia, and viewed it carefully for some time in silence. Then he said to the bystanders, "How blind is man to the future. The Athenians would eat this place up with their teeth if they knew what misfortunes it will bring upon them?" A prophetic saying of the same kind is attributed to Thales. He bade his friends bury him in a low and neglected quarter of Miletus, telling them that one day it would be the market-place of the city. Epimenides was greatly honoured by the Athenians, and was offered large sums of money by them, and great privileges, but he refused them all, and only asked for a branch of the sacred olive-tree, which he received and went his way.
XIII. When the troubles about Kylon were over, and the accursed men cast out of the country, the Athenians relapsed into their old dispute about the constitution. The state was divided into as many factions as there were parts of the country, for the Diakrii, or mountaineers, favoured democracy; the Pedioei, oligarchy; while those who dwelt along the seashore, called Parali, preferred a constitution midway between these two forms, and thus prevented either of the other parties from carrying their point. Moreover, the state was on the verge of revolution, because of the excessive poverty of some citizens, and the enormous wealth of others, and it appeared that the only means of putting an end to these disorders was by establishing an absolute despotism. The whole people were in debt to a few wealthy men; they either cultivated their farms, in which case they were obliged to pay one-sixth of the profit to their creditors, and were called Hektemori, or servants, or else they had raised loans upon personal security, and had become the slaves of their creditors, who either employed them at home, or sold them to foreigners. Many were even compelled to sell their own children, which was not illegal, and to leave the country because of the harshness of their creditors.
The greater part, and those of most spirit, combined together, and encouraged one another not to suffer such oppression any longer, but to choose some trustworthy person to protect their interests, to set free all enslaved debtors, redistribute the land, and, in a word, entirely remodel the constitution.
XIV. In this position of affairs, the most sensible men in Athens perceived that Solon was a person who shared the vices of neither faction, as he took no part in the oppressive conduct of the wealthy, and yet had sufficient fortune to save him from the straits to which the poor were reduced. In consequence of this, they begged him to come forward and end their disputes. But Phanias of Lesbos says that Solon deceived both parties, in order to save the state, promising the poor a redistribution of lands, and the rich a confirmation of their securities. However, Solon himself tells us that it was with reluctance that he interfered, as he was threatened by the avarice of the one party, and the desperation of the other. He was chosen archon next after Philombrotus, to act as an arbitrator and lawgiver at once, because the rich had confidence in him as a man of easy fortune, and the poor trusted him as a good man. It is said also that a saying which he had let fall some time before, that "equality does not breed strife," was much circulated at the time, and pleased both parties, because the rich thought it meant that property should be distributed according to merit and desert, while the poor thought it meant according to rule and measure. Both parties were now elate with hope, and their leaders urged Solon to seize the supreme power in the state, of which he was practically possessed, and make himself king. Many even of the more moderate class of politicians, who saw how weary and difficult a task it would be to reform the state by debates and legislative measures, were quite willing that so wise and honest a man should undertake the sole management of affairs. It is even said that Solon received an oracle as follows:
"Take thou the helm, the vessel guide, Athens will rally to thy side."
His intimate friends were loudest in their reproaches, pointing out that it was merely the name of despot from which he shrunk, and that in his case his virtues would lead men to regard him as a legitimate hereditary sovereign; instancing also Tunnondas, who in former times had been chosen by the Euboeans, and, at the present time, Pittakus, who had been chosen king of Mitylene. But nothing could shake Solon's determination. He told his friends that monarchy is indeed a pleasant place, but there is no way out of it; and he inserted the following verses in answer to Phokus, in one of his poems:
"But if I spared My country, and with dread tyrannic sway, Forbore to stain and to pollute my glory; I feel no shame at this; nay rather thus, I think that I excel mankind."
From which it is clear that he possessed a great reputation even before he became the lawgiver of Athens.
In answer to the reproaches of many of his friends at his refusal to make himself despot, he wrote as follows:
"Not a clever man was Solon, not a calculating mind, For he would not take the kingdom, which the gods to him inclined, In his net he caught the prey, but would not draw it forth to land, Overpowered by his terrors, feeble both of heart and hand; For a man of greater spirit would have occupied the throne, Proud to be the Lord of Athens, though 'twere for a day alone, Though the next day he and his into oblivion were thrown."
XV. This is the way in which he says the masses, and low-minded men, spoke of him. He, however, firmly rejecting the throne, proceeded quietly to administer public affairs, in laying down his laws without any weak yielding to the powerful, or any attempt to court popularity. Such as were good, he did not meddle with, fearing that if he
"Disturbed and overset the state,"
he might not have sufficient power to
"Reconstitute and organise again,"
in the best way. He carried out his measures by persuasion, and, where he thought he could succeed, by force; in his own words,
"Combining Force and Justice both together."
Being afterwards asked whether he had composed the best possible laws for the Athenians, he answered, "The best that they would endure." And the habit of Athenians of later times, who soften down harsh words by using politer equivalents, calling harlots "mistresses," taxes "contributions," garrisons of cities "protectors," and the common prison "the house," was, it seems, first invented by Solon, who devised the name of "relief from burdens" for his measure to abolish all debts.
This was his first measure; namely, to put an end to all existing debts and obligations, and to forbid any one in future to lend money upon security of the person of the debtor. Some writers, among whom is Androtion, say that he benefited the poor, not by the absolute extinction of debt, but by establishing a lower rate of interest; and that this measure was called "Relief from burdens," and together with it the two other measures for the enlargement of measures and of the value of money, which were passed about the same time. For he ordered a mina, which was before constituted of seventy three drachmas, to contain a hundred, so that, though they paid the same amount, yet the value was less; thus those who had much to pay were benefited, and still their creditors were not cheated. But most writers say that the "Relief from burdens" meant the extinction of all securities whatever, and this agrees best with what we read in his poems. For Solon prides himself in these upon having
"Taken off the mortgages, which on the land were laid, And made the country free, which was formerly enslaved."
While he speaks of bringing back Athenian citizens who had been sold into slavery abroad,
"In distant lands who roam, Their native tongue forgot, Or here endure at home A slave's disgraceful lot,"
and of making them free men again.
It is said that in consequence of this measure he met with the greatest trouble of his life. As he was meditating how he might put an end to debt, and what words and preambles were best for the introduction of this law, he took counsel with his most intimate friends, such as Konon and Kleinias and Hipponikus, informing them that he had no intention of interfering with the tenure of land, but that he intended to abolishing all existing securities. They instantly took time by the forelock, borrowed large sums from the wealthy, and bought up a great extent of land. Presently the decree came forth, and they remained in enjoyment of these estates, but did not repay their loan to their creditors. This brought Solon into great discredit, for the people believed that he had been their accomplice. But he soon proved that this must be false, by remitting a debt of five talents which he himself had lent; and some state the sum at fifteen talents, amongst whom is Polyzelus of Rhodes. However, his friends were for ever afterwards called "The Swindlers."
XVI. By this measure he pleased neither party, but the rich were dissatisfied at the loss of their securities, and the poor were still more so because the land was not divided afresh, as they hoped it would be, and because he had not, like Lykurgus, established absolute equality.
But Lykurgus was eleventh in direct descent from Herakles, and had reigned in Lacedaemon for many years, and had his own great reputation, friends, and interest to assist him in carrying out his reforms: and although he chose to effect his purpose by violence, so that his eye was actually knocked out, yet he succeeded in carrying that measure, so valuable for the safety and concord of the state, by which it was rendered impossible for any citizen to be either rich or poor. Solon's power could not reach this height, as he was only a commoner and a moderate man; yet he did all that was in his power, relying solely upon the confidence and goodwill of his countrymen.
It is clear that they were disappointed, and expected more from his legislation, from his own verses—
"Once they speculated gaily, what good luck should them befall, Now they look upon me coldly, as a traitor to them all."
Yet he says, if any one else had been in his position,
"He ne'er would have desisted from unsettling the laws, Till he himself got all the cream."
However, not long afterwards, they perceived the public benefits which he had conferred upon them, forgot their private grievances, and made a public sacrifice in honour of the Seisachtheia, or "Relief from burdens." Moreover, they constituted Solon supreme reformer and lawgiver, not over some departments only, but placing everything alike in his hands; magistracies, public assemblies, senate, and law-courts. He had full powers to confirm or abolish any of these, and to fix the proper qualifications for members of them, and their numbers and times of meeting.
XVII. First of all, then, he repealed all the laws of Drakon, except those relating to murder, because of their harshness and the excessive punishments which they awarded. For death was the punishment for almost every offence, so that even men convicted of idleness were executed, and those who stole pot-herbs or fruits suffered just like sacrilegious robbers and murderers. So that Demades afterwards made the joke that Drakon's laws were not written with ink, but with blood. It is said that Drakon himself, when asked why he had fixed the punishment of death for most offences, answered that he considered these lesser crimes to deserve it, and he had no greater punishment for more important ones.
XVIII. In the next place, Solon, who wished to leave all magistracies as he found them, in the hands of the wealthy classes, but to give the people a share in the rest of the constitution, from which they were then excluded, took a census of the wealth of the citizens, and made a first class of those who had an annual income of not less than five hundred medimni of dry or liquid produce; these he called Pentakosiomedimni. The next class were the Hippeis, or knights, consisting of those who were able to keep a horse, or who had an income of three hundred medimni. The third class were the Zeugitae, whose property qualification was two hundred medimni of dry or liquid produce; and the last class were the Thetes, whom Solon did not permit to be magistrates, but whose only political privilege was the right of attending the public assemblies and sitting as jurymen in the law courts. This privilege was at first insignificant, but afterwards became of infinite importance, because most disputes were settled before a jury. Even in those cases which he allowed the magistrates to settle, he provided a final appeal to the people.
Solon moreover is said to have purposely worded his laws vaguely and with several interpretations, in order to increase the powers of these juries, because persons who could not settle their disputes by the letter of the law were obliged to have recourse to juries of the people, and to refer all disputes to them, as being to a certain extent above the laws. He himself notices this in the following verses:
"I gave the people all the strength they needed, Yet kept the power of the nobles strong; Thus each from other's violence I shielded, Not letting either do the other wrong."
Thinking that the weakness of the populace required still further protection, he permitted any man to prosecute on behalf of any other who might be ill-treated. Thus if a man were struck or injured, any one else who was able and willing might prosecute on his behalf, and the lawgiver by this means endeavoured to make the whole body of citizens act together and feel as one. A saying of his is recorded which quite agrees with the spirit of this law. Being asked, what he thought was the best managed city? "That," he answered, "in which those who are not wronged espouse the cause of those who are, and punish their oppressors."
XIX. He established the senate of the Areopagus of those who had held the yearly office of archon, and himself became a member of it because he had been archon. But in addition to this, observing that the people were becoming turbulent and unruly, in consequence of their relief from debt, he formed a second senate, consisting of a hundred men selected from each of the four tribes, to deliberate on measures in the first instance, and he permitted no measures to be proposed before the general assembly, which had not been previously discussed in this senate. The upper senate he intended to exercise a general supervision, and to maintain the laws, and he thought that with these two senates as her anchors, the ship of the state would ride more securely, and that the people would be less inclined to disorder. Most writers say that Solon constituted the senate of the Areopagus, as is related above; and this view is supported by the fact that Drakon nowhere mentions or names the Areopagites, but in all cases of murder refers to the Ephetai. However, the eighth law on the thirteenth table of the laws of Solon runs thus:—
"All citizens who were disfranchised before the magistracy of Solon shall resume their rights, except those who have been condemned by the Areopagus, or by the Ephetai, or by the king—archons, in the prytaneum, for murder or manslaughter, or attempts to overthrow the government and who were in exile when this law was made."
This again proves that the senate of the Areopagus existed before the time of Solon; for who could those persons be who were condemned by the court of the Areopagus, if Solon was the first who gave the senate of the Areopagus a criminal jurisdiction; though perhaps some words have been left out, or indistinctly written, and the law means "all those who had been condemned on the charges which now are judged by the court of the Areopagus, the Ephetai, or the Prytanies, when this law was made, must remain disfranchised, though the others become enfranchised?" Of these explanations the reader himself must consider which he prefers.
XX. The strangest of his remaining laws is that which declared disfranchised a citizen who in a party conflict took neither side; apparently his object was to prevent any one regarding home politics in a listless, uninterested fashion, securing his own personal property, and priding himself upon exemption from the misfortunes of his country, and to encourage men boldly to attach themselves to the right party and to share all its dangers, rather than in safety to watch and see which side would be successful. That also is a strange and even ludicrous provision in one of his laws, which permits an heiress, whose husband proves impotent, to avail herself of the services of the next of kin to obtain an heir to her estate. Some, however, say that this law rightly serves men who know themselves to be unfit for marriage, and who nevertheless marry heiresses for their money, and try to make the laws override nature; for, when they see their wife having intercourse with whom she pleases, they will either break off the marriage, or live in constant shame, and so pay the penalty of their avarice and wrong-doing. It is a good provision also, that the heiress may not converse with any one, but only with him whom she may choose from among her husband's relations, so that her offspring may be all in the family. This is pointed at by his ordinance that the bride and bridegroom should be shut in the same room and eat a quince together, and that the husband of an heiress should approach her at least thrice in each month. For even if no children are born, still this is a mark of respect to a good wife, and puts an end to many misunderstandings, preventing their leading to an actual quarrel.
In other marriages he suppressed dowries, and ordered the bride to bring to her husband three dresses and a few articles of furniture of no great value; for he did not wish marriages to be treated as money bargains or means of gain, but that men and women should enter into marriage for love and happiness and procreation of children. Dionysius, the despot of Syracuse, when his mother wished to be married to a young citizen, told her that he had indeed broken the laws of the state when he seized the throne, but that he could not disregard the laws of nature so far as to countenance such a monstrous union. These disproportioned matches ought not to be permitted in any state, nor should men be allowed to form unequal loveless alliances, which are in no sense true marriages. A magistrate or lawgiver might well address an old man who marries a young girl in the words of Sophokles: "Poor wretch, a hopeful bridegroom you will be;" and if he found a young man fattening like a partridge in the house of a rich old woman, he ought to transfer him to some young maiden who is without a husband. So much for this subject.
XXI. Besides these, Solon's law which forbids men to speak evil of the dead is much praised. It is good to think of the departed as sacred, and it is only just to refrain from attacking the absent, while it is politic, also, to prevent hatred from being eternal. He also forbade people to speak evil of the living in temples, courts of justice, public buildings, or during the national games; and imposed a fine of three drachmas to the person offended, and two to the state. His reason for this was that it shows a violent and uncultivated nature not to be able to restrain one's passion in certain places and at certain times, although it is hard to do so always, and to some persons impossible; and a legislator should frame his laws with a view to what he can reasonably hope to effect, and rather correct a few persons usefully than punish a number to no purpose.
He gained credit also by his law about wills. Before his time these were not permitted at Athens, but the money and lands of a deceased person were inherited by his family in all cases. Solon, however, permitted any one who had no children to leave his property to whom he would, honouring friendship more than nearness of kin, and giving a man absolute power to dispose of his inheritance. Yet, on the other hand, he did not permit legacies to be given without any restrictions, but disallowed all that were obtained by the effects of disease or by administration of drugs to the testator, or by imprisonment and violence, or by the solicitations of his wife, as he rightly considered that to be persuaded by one's wife against one's better judgment is the same as to submit to force. For Solon held that a man's reason was perverted by deceit as much as by violence, and by pleasure no less than by pain.
He regulated, moreover, the journeys of the women, and their mournings and festivals. A woman was not allowed to travel with more than three dresses, nor with more than an obolus' worth of food or drink, nor a basket more than a cubit in length; nor was she to travel at night, except in a waggon with a light carried in front of it. He abolished the habits of tearing themselves at funerals, and of reciting set forms of dirges, and of hiring mourners. He also forbade them to sacrifice an ox for the funeral feast, and to bury more than three garments with the body, and to visit other persons' graves. Most of these things are forbidden by our own laws also; with the addition, that by our laws those who offend thus are fined by the gynaeconomi, or regulators of the women, for giving way to unmanly and womanish sorrow.
XXII. Observing that the city was filled with men who came from all countries to take refuge in Attica, that the country was for the most part poor and unproductive, and that merchants also are unwilling to despatch cargoes to a country which has nothing to export, he encouraged his countrymen to embark in trade, and made a law that a son was not obliged to support his father, if his father had not taught him a trade. As for Lykurgus, whose city was clear of strangers, and whose land was "unstinted, and with room for twice the number," as Euripides says, and who above all had all the Helots, throughout Lacedaemon, who were best kept employed, in order to break their spirit by labour and hardship, it was very well that his citizens should disdain laborious handicrafts and devote their whole attention to the art of war.
But Solon had not the power to change the whole life of his countrymen by his laws, but rather was forced to suit his laws to existing circumstances, and, as he saw that the soil was so poor that it could only suffice for the farmers, and was unable to feed a mass of idle people as well, he gave great honour to trade, and gave powers to the senate of the Areopagus to inquire what each man's source of income might be, and to punish the idle. A harsher measure was that of which we are told by Herakleides of Pontus, his making it unnecessary for illegitimate children to maintain their father. Yet if a man abstains from an honourable marriage, and lives with a woman more for his own pleasure in her society than with a view to producing a family, he is rightly served, and cannot upbraid his children with neglecting him, because he has made their birth their reproach.
XXIII. Altogether Solon's laws concerning women are very strange. He permitted a husband to kill an adulterer taken in the act; but if any one carried off a free woman and forced her, he assessed the penalty at one hundred drachmas. If he obtained her favours by persuasion, he was to pay twenty drachmas, except in the case of those who openly ply for hire, alluding to harlots; for they come to those who offer them money without any concealment. Moreover, he forbade men to sell their sisters and daughters, except in the case of unchastity. Now to punish the same offence at one time with unrelenting severity, and at another in a light and trifling manner, by imposing so slight a fine, is unreasonable, unless the scarcity of specie in the city at that period made fines which were paid in money more valuable than they would now be; indeed, in the valuation of things for sacrifice, a sheep and a drachma were reckoned as each equal to a medimnus of corn. To the victor at the Isthmian games he appointed a reward of a hundred drachmas, and to the victor in the Olympian, five hundred. He gave five drachmas for every wolf that was killed, and one drachma for every wolf's whelp; and we are told by Demetrius of Phalerum that the first of these sums was the price of an ox, and the second that of a sheep. The prices of choice victims, which he settled in his sixteenth tablet of laws, would naturally be higher than those of ordinary beasts, but even thus they are cheap compared with prices at the present day. It was an ancient practice among the Athenians to destroy the wolves, because their country was better fitted for pasture than for growing crops. Some say that the Athenian tribes derive their names, not from the sons of Ion, but from the different professions in which men were then divided: thus the fighting men were named Hoplites, and the tradesmen Ergadeis; the two remaining ones being the Geleontes, or farmers, and the Aigikoreis, or goat-herds and graziers. With regard to water, as the country is not supplied with either rivers or lakes, but the people depend chiefly upon artificial wells, he made a law, that wherever there was a public well within four furlongs, people should use it, but if it were farther off, then they must dig a private well for themselves; but if a man dug a depth of sixty feet on his own estate without finding water, then he was to have the right of filling a six-gallon pitcher twice a day at his neighbour's well; for Solon thought it right to help the distressed, and yet not to encourage laziness. He also made very judicious regulations about planting trees, ordering that they should not be planted within five feet of a neighbour's property, except in the case of olives and fig-trees, which were not to be planted within nine feet; for these trees spread out their roots farther than others, and spoil the growth of any others by taking away their nourishment and by giving off hurtful juices. Trenches and pits he ordered to be dug as far away from another man's property as they were deep; and no hive of bees was to be placed within three hundred feet of those already established by another man.
XXIV. Oil was the only product of the country which he allowed to be exported, everything else being forbidden; and he ordered that if any one broke this law the archon was to solemnly curse him, unless he paid a hundred drachmas into the public treasury. This law is written on the first of his tablets. From this we see that the old story is not altogether incredible, that the export of figs was forbidden, and that the men who informed against those who had done so were therefore called sycophants. He also made laws about damage received from animals, one of which was that a dog who had bitten a man should be delivered up to him tied to a stick three cubits long, an ingenious device for safety.
One is astounded at his law of adopting foreigners into the state, which permits no one to become a full citizen in Athens unless he be either exiled for life from his native city, or transfers himself with his whole family to Athens to practise his trade there. It is said that his object in this was not so much to exclude other classes of people from the city, as to assure these of a safe refuge there; and these he thought would be good and faithful citizens, because the former had been banished from their own country, and the latter had abandoned it of their own freewill. Another peculiarity of Solon's laws was the public dining-table in the prytaneum. Here he did not allow the same person to dine often, while he punished the man who was invited and would not come, because the one seemed gluttonous, and the other contemptuous. |
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