[198] We cannot suppose, as the careless and confused Plutarch would imply, that the people, or popular assembly, reversed the decree; the government was not then democratic, but popular assemblies existed, which, in extraordinary cases--especially, perhaps, in the case of war--it was necessary to propitiate, and customary to appeal to. I make no doubt that it was with the countenance and consent of the archons that Solon made his address to the people, preparing them to receive the repeal of the decree, which, without their approbation, it might be unsafe to propose.
[199] As the quotation from Homer is extremely equivocal, merely stating that Ajax joined the ships that he led from Salamis with those of the Athenians, one cannot but suppose, that if Solon had really taken the trouble to forge a verse, he would have had the common sense to forge one much more decidedly in favour of his argument.
[200] Fifty-seven, according to Pliny.
[201] Plut. in Vit. Sol.
[202] Arist. Pol., lib. ii., c. 8.
[203] This regulation is probably of later date than the time of Solon. To Pisistratus is referred a law for disabled citizens, though its suggestion is ascribed to Solon. It was, however, a law that evidently grew out of the principles of Solon.
[204] A tribe contained three phratries, or fraternities--a phratry contained three genes or clans--a genos or clan was composed of thirty heads of families. As the population, both in the aggregate and in these divisions, must have been exposed to constant fluctuations, the aforesaid numbers were most probably what we may describe as a fiction in law, as Boeckh (Pol. Econ. of Athens, vol. i., p. 47, English translation) observes, "in the same manner that the Romans called the captain a centurion, even if he commanded sixty men, so a family might have been called a triakas (i.e., a thirtiad), although it contained fifty or more persons." It has been conjectured indeed by some, that from a class not included in these families, vacancies in the phratries were filled up; but this seems to be a less probable supposition than that which I have stated above. If the numbers in Pollux were taken from a census in the time of Solon, the four tribes at that time contained three hundred and sixty families, each family consisting of thirty persons; this would give a total population of ten thousand eight hundred free citizens. It was not long before that population nearly doubled itself, but the titles of the subdivisions remained the same. I reserve for an appendix a more detailed and critical view of the vehement but tedious disputes of the learned on the complicated subject of the Athenian tribes and families.
[205] Boeckh (Pub. Econ. of Athens, book iv., chap. v.) contends, from a law preserved by Demosthenes, that the number of measures for the zeugitae was only one hundred and fifty. But his argument, derived from the analogy of the sum to be given to an heiress by her nearest relation, if he refused to marry her, is by no means convincing enough to induce us to reject the proportion of two hundred measures, "preserved (as Boeckh confesses) by all writers," especially as in the time of Demosthenes. Boeckh himself, in a subsequent passage, rightly observes, that the names of zeugitae, etc., could only apply to new classes introduced in the place of those instituted by Solon.
[206] With respect to the value of "a measure" in that time, it was estimated at a drachma, and a drachma was the price of a sheep.
[207] The law against idleness is attributable rather to Pisistratus than Solon.
[208] Athenaeus, lib. xiv.
[209] Plutarch de Gloria Athen. I do not in this sketch entirely confine myself to Solon's regulations respecting the areopagus.
[210] The number of the areopagites depending upon the number of the archons, was necessarily fluctuating and uncertain. An archon was not necessarily admitted to the areopagus. He previously underwent a rigorous and severe examination of the manner in which he had discharged the duties of his office, and was liable to expulsion upon proofs of immorality or unworthiness.
[211] Some modern writers have contended that at the time of Solon the members of the council were not chosen by lot; their arguments are not to me very satisfactory. But if merely a delegation of the Eupatrids, as such writers suppose, the council would be still more vicious in its constitution.
[212] Pollux.
[213] Aeschines in Timarch.
[214] Each member was paid (as in England once, as in America at this day) a moderate sum (one drachma) for his maintenance, and at the termination of his trust, peculiar integrity was rewarded with money from the public treasury.
[215] When there were ten tribes, each tribe presided thirty-five days, or five weeks; when the number was afterward increased to twelve, the period of the presidency was one month.
[216] Atimos means rather unhonoured than dishonoured. He to whom, in its milder degree, the word was applied, was rather withdrawn (as it were) from honour than branded with disgrace. By rapid degrees, however, the word ceased to convey its original meaning; it was applied to offences so ordinary and common, that it sunk into a mere legal term.
[217] The more heinous of the triple offences, termed eisangelia.
[218] This was a subsequent law; an obolus, or one penny farthing, was the first payment; it was afterward increased to three oboli, or threepence three farthings.
[219] Sometimes, also, the assembly was held in the Pnyx, afterward so celebrated: latterly, also (especially in bad weather), in the temple of Bacchus;--on extraordinary occasions, in whatever place was deemed most convenient or capacious.
[220] Plato de Legibus.
[221] Plutarch assures us that Solon issued a decree that his laws were to remain in force a hundred years: an assertion which modern writers have rejected as incompatible with their constant revision. It was not, however, so contradictory a decree as it seems at first glance--for one of the laws not to be altered was this power of amending and revising the laws. And, therefore, the enactment in dispute would only imply that the constitution was not to be altered except through the constitutional channel which Solon had appointed.
[222] See Fast. Hell., vol. ii., 276.
[223] Including, as I before observed, that law which provided for any constitutional change in a constitutional manner.
[224] "Et Croesum quem vox justi facunda Solonis Respicere ad longae jussit spatia ultima vitae." Juv., Sat. x., s. 273.
The story of the interview and conversation between Croesus and Solon is supported by so many concurrent authorities, that we cannot but feel grateful to the modern learning, which has removed the only objection to it in an apparent contradiction of dates. If, as contended for by Larcher, still more ably by Wesseling, and since by Mr. Clinton, we agree that Croesus reigned jointly with his father Alyattes, the difficulty vanishes at once.
[225] Plutarch gives two accounts of the recovery of Salamis by Solon; one of them, which is also preferred by Aelian (var. c. xix., lib. vii.), I have adopted and described in my narrative of that expedition: the