BOOK II.

“All heaven beholds imprisoned as they lie,And unextinguished laughter shakes the sky.”

And this singular and well-known effusion shows, not only how grave and reverent an example Epicharmus had for his own audacious portraiture of the infirmities of the Olympian family, but how immemorially and how deeply fixed in the popular spirit was the disposition to draw from the same source the elements of humour and of awe.

But, however ancient the lyrical poetry of Greece, its masterpieces of art were composed long subsequent to the Homeric poems; and, no doubt, greatly influenced by acquaintance with those fountains of universal inspiration. I think it might be shown that lyrical poetry developed itself, in its more elaborate form, earliest in those places where the poems of Homer are most likely to have been familiarly known.

The peculiar character of the Greek lyrical poetry can only be understood by remembering its inseparable connexion with music; and the general application of both, not only to religious but political purposes. The Dorian states regarded the lyre and the song as powerful instruments upon the education, the manners, and the national character of their citizens. With them these arts were watched and regulated by the law, and the poet acquired something of the social rank, and aimed at much of the moral design, of a statesman and a legislator: while, in the Ionian states, the wonderful stir and agitation, the changes and experiments in government, the rapid growth of luxury, commerce, and civilization, afforded to a poetry which was not, as with us, considered a detached, unsocial, and solitary art, but which was associated with every event of actual life—occasions of vast variety—themes of universal animation. The eloquence of poetry will always be more exciting in its appeals—the love for poetry always more diffused throughout a people, in proportion as it is less written than recited. How few, even at this day, will read a poem!— what crowds will listen to a song! Recitation transfers the stage of effect from the closet to the multitude—the public becomes an audience, the poet an orator. And when we remember that the poetry, thus created, imbodying the most vivid, popular, animated subjects of interest, was united with all the pomp of festival and show—all the grandest, the most elaborate, and artful effects of music—we may understand why the true genius of lyrical composition has passed for ever away from the modern world.

As early as between 708 and 665 B. C., Archilochus brought to perfection a poetry worthy of loftier passions than those which mostly animated his headstrong and angry genius. In 625 (thirty-one years before the legislation of Solon) flourished Arion, the Lesbian, who, at Corinth, carried, to extraordinary perfection the heroic adaptation of song to choral music. In 611 flourished the Sicilian, Stersichorus —no unworthy rival of Arion; while simultaneously, in strains less national and Grecian, and more resembling the inspiration of modern minstrels, Alcaeus vented his burning and bitter spirit;—and Sappho (whose chaste and tender muse it was reserved for the chivalry of a northern student, five-and-twenty centuries after the hand was cold and the tongue was mute, to vindicate from the longest-continued calumny that genius ever endured)177gave to the most ardent of human passions the most delicate colouring of female sentiment. Perhaps, of all that Greece has bequeathed to us, nothing is so perfect in its concentration of real feeling as the fragments of Sappho. In one poem of a few lines—nor that, alas! transmitted to us complete—she has given a picture of the effect of love upon one who loves, to which volumes of the most eloquent description could scarcely add a single new touch of natural pathos—so subtle is it, yet so simple. I cannot pass over in silence the fragments of Mimnermus (fl. B. C. 630)—they seem of an order so little akin to the usual character of Grecian poetry; there is in them a thoughtful though gloomy sadness, that belongs rather to the deep northern imagination than the brilliant fancies of the west; their melancholy is mixed with something half intellectual—half voluptuous—indicative of the mournful but interesting wisdom of satiety. Mimnermus is a principal model of the Latin elegiac writers—and Propertius compares his love verses with those of Homer. Mimnermus did not invent the elegiac form (for it was first applied to warlike inspiration by another Ionian poet, Callinus); but he seems the founder of what we now call the elegiac spirit in its association of the sentiment of melancholy with the passion of love.

IX. While such was the state of POETRY in Greece—torpid in the Ionian Athens, but already prodigal in her kindred states of Asia and the Isles; gravely honoured, rather than produced, in Sparta;— splendidly welcomed, rather than home-born, in Corinth;—the Asiatic colonies must also claim the honour of the advance of the sister arts. But in architecture the Dorian states of European Greece, Sicyon, Aegina, and the luxurious Corinth, were no unworthy competitors with Ionia.

In the heroic times, the Homeric poems, especially the Odyssey, attest the refinement and skill to which many of the imitative arts of Grecian civilization had attained. In embroidery, the high-born occupation of Helen ad Penelope, were attempted the most complex and difficult designs; and it is hard to suppose that these subjects could have been wrought upon garments with sufficient fidelity to warrant the praise of a poet who evidently wrote from experience of what he had seen, if the art of DRAWING had not been also carried to some excellence—although to PAINTING itself the poet makes none but dubious and obscure allusions. Still, if, on the one hand178, in embroidery, and upon arms (as the shield of Achilles), delineation in its more complex and minute form was attempted,—and if, on the other hand, the use of colours was known (which it was, as applied not only to garments but to ivory), it could not have been long before two such kindred elements of the same art were united. Although it is contended by many that rude stones or beams were the earliest objects of Grecian worship, and though it is certain that in several places such emblems of the Deity preceded the worship of images, yet to the superstitious art of the rude Pelasgi in their earliest age, uncouth and half-formed statues of Hermes are attributed, and the idol is commemorated by traditions almost as antique as those which attest the sanctity of the fetiche179. In the Homeric age, SCULPTURE in metals, and on a large scale, was certainly known. By the door of Alcinous, the king of an island in the Ionian Sea, stand rows of dogs in gold and silver—in his hall, upon pedestals, are golden statues of boys holding torches; and that such sculpture was even then dedicated to the gods is apparent by a well-known passage in the earlier poem of the Iliad; which represents Theano, the Trojan priestess of Minerva, placing the offering of Hecuba upon the knees of the statue of the goddess. How far, however, such statues could be called works of art, or how far they were wrought by native Greeks, it is impossible to determine180. Certain it is that the memorable and gigantic advance in the art of SCULPTURE was not made till about the 50th Olympiad (B. C. 580), when Dipaenus and Scyllis first obtained celebrity in works in marble (wood and metals were the earliest materials of sculpture). The great improvements in the art seem to have been coeval with the substitution of the naked for the draped figure. Beauty, and ease, and grace, and power, were the result of the anatomical study of the human form. ARCHITECTURE has bequeathed to us, in the Pelasgic and Cyclopean remains, sufficient to indicate the massive strength it early acquired in parts of Greece. In the Homeric times, the intercourse with Asia had already given something of lightness to the elder forms. Columns are constantly introduced into the palaces of the chiefs, profuse metallic ornaments decorate the walls; and the Homeric palaces, with their cornices gayly inwrought with blue—their pillars of silver on bases of brass, rising amid vines and fruit-trees,—even allowing for all the exaggerations of the poet,—dazzle the imagination with much of the gaudiness and glitter of an oriental city181. At this period Athens receives from Homer the epithet of “broad-streeted:” and it is by no means improbable that the city of the Attic king might have presented to a traveller, in the time of Homer, a more pleasing general appearance than in its age of fame, when, after the Persian devastations, its stately temples rose above narrow and irregular streets, and the jealous effects of democracy forbade to the mansions of individual nobles that striking pre-eminence over the houses of the commonalty which would naturally mark the distinction of wealth and rank, in a monarchical, or even an oligarchical government.

X. About the time on which we now enter, the extensive commerce and free institutions of the Ionian colonies had carried all the arts just referred to far beyond the Homeric time. And, in addition to the activity and development of the intellect in all its faculties which progressed with the extensive trade and colonization of Miletus (operating upon the sensitive, inquiring, and poetical temperament of the Ionian population), a singular event, which suddenly opened to Greece familiar intercourse with the arts and lore of Egypt, gave considerable impetus to the whole Grecian MIND.

In our previous brief survey of the state of the Oriental world, we have seen that Egypt, having been rent into twelve principalities, had been again united under a single monarch. The ambitious and fortunate Psammetichus was enabled, by the swords of some Ionian and Carian adventurers (who, bound on a voyage of plunder, had been driven upon the Egyptian shores), not only to regain his own dominion, from which he had been expelled by the jealousy of his comrades, but to acquire the sole sovereignty of Egypt (B. C. 670). In gratitude for their services, Psammetichus conferred upon his wild allies certain lands at the Pelusian mouth of the Nile, and obliged some Egyptian children to learn the Grecian language;—from these children descended a class of interpreters, that long afterward established the facilities of familiar intercourse between Greece and Egypt. Whatever, before that time, might have been the migrations of Egyptians into Greece, these were the first Greeks whom the Egyptians received among themselves. Thence poured into Greece, in one full and continuous stream, the Egyptian influences, hitherto partial and unfrequent.182

In the same reign, according to Strabo, the Asiatic Greeks obtained a settlement at Naucratis, the ancient emporium of Egypt; and the communication, once begun, rapidly increased, until in the subsequent time of Amasis (B. C. 569) we find the Ionians, the Dorians, the Aeolians of Asia, and even the people of Aegina and Samos183, building temples and offering worship amid the jealous and mystic priestcrafts of the Nile. This familiar and advantageous intercourse with a people whom the Greeks themselves considered the wisest on the earth, exercised speedy and powerful effect upon their religion and their art. In the first it operated immediately upon their modes of divination and their mystic rites—in the last, the influence was less direct. It is true that they probably learned from the Egyptians many technical rules in painting and in sculpture; they learned how to cut the marble and to blend the colours, but their own genius taught them how to animate the block and vivify the image. We have seen already, that before this event, art had attained to a certain eminence among the Greeks—fortunately, therefore, what they now acquired was not the foundation of their lore. Grafted on a Grecian stock, every shoot bore Grecian fruit: and what was borrowed from mechanism was reproduced in beauty184. As with the arts, so with the SCIENCES; we have reason to doubt whether the Egyptian sages, whose minds were swathed and bandaged in the cerements of hereditary rules, never to swell out of the slavery of castes, had any very sound and enlightened philosophy to communicate: their wisdom was probably exaggerated by the lively and credulous Greeks, awed by the mysticism of the priests, the grandeur of the cities, the very rigidity, so novel to them, of imposing and antique custom. What, then, was the real benefit of the intercourse? Not so much in satisfying as in arousing and stimulating the curiosity of knowledge. Egypt, to the Greeks, was as America to Europe—the Egyptians taught them little, but Egypt much. And that what the Egyptians did directly communicate was rather the material for improvement than the improvement itself, this one gift is an individual example and a general type;—the Egyptians imparted to the Greeks the use of the papyrus—the most easy and popular material for writing; we are thus indebted to Egypt for a contrivance that has done much to preserve to us—much, perhaps, to create for us—a Plato and an Aristotle; but for the thoughts of Aristotle and Plato we are indebted to Greece alone:—the material Egyptian—the manufacture Greek.

XI. The use of the papyrus had undoubtedly much effect upon the formation of prose composition in Greece, but it was by no means an instantaneous one. At the period on which we now enter (about B. C. 600), the first recorded prose Grecian writer had not composed his works. The wide interval between prose in its commencement and poetry in its perfection is peculiarly Grecian; many causes conspired to produce it, but the principal one was, that works, if written, being not the less composed to be recited, not read—were composed to interest and delight, rather than formally to instruct. Poetry was, therefore, so obviously the best means to secure the end of the author, that we cannot wonder to find that channel of appeal universally chosen; the facility with which the language formed itself into verse, and the license that appears to have been granted to the gravest to assume a poetical diction without attempting the poetical spirit, allowed even legislators and moralists to promulgate precepts and sentences in the rhythm of a Homer and a Hesiod. And since laws were not written before the time of Draco, it was doubly necessary that they should he cast in that fashion by which words are most durably impressed on the memory of the multitude. Even on Solon’s first appearance in public life, when he inspires the Athenians to prosecute the war with Megara, he addresses the passions of the crowd, not by an oration, but a poem; and in a subsequent period, when prose composition had become familiar, it was still in verse that Hipparchus communicated his moral apothegms. The origin of prose in Greece is, therefore, doubly interesting as an epoch, not only in the intellectual, but also in the social state. It is clear that it would not commence until a reading public was created; and until, amid the poetical many, had sprung up the grave and studious few. Accordingly, philosophy, orally delivered, preceded prose composition—and Thales taught before Pherecydes wrote185. To the superficial it may seem surprising that literature, as distinct from poetry, should commence with the most subtle and laborious direction of the human intellect: yet so it was, not only in Greece, but almost universally. In nearly all countries, speculative conjecture or inquiry is the first successor to poetry. In India, in China, in the East, some dim philosophy is the characteristic of the earliest works—sometimes inculcating maxims of morality—sometimes allegorically shadowing forth, sometimes even plainly expressing, the opinions of the author on the mysteries of life—of nature—of the creation. Even with the moderns, the dawn of letters broke on the torpor of the dark ages of the North in speculative disquisition; the Arabian and the Aristotelian subtleties engaged the attention of the earliest cultivators of modern prose (as separated from poetic fiction), and the first instinct of the awakened reason was to grope through the misty twilight after TRUTH. Philosophy precedes even history; men were desirous of solving the enigmas of the world, before they disentangled from tradition the chronicles of its former habitants.

If we examine the ways of an infant we shall cease to wonder at those of an infant civilization. Long before we can engage the curiosity of the child in the History of England—long before we can induce him to listen with pleasure to our stories even of Poictiers and Cressy—and (a fortiori) long before he can be taught an interest in Magna Charta and the Bill of Rights, he will of his own accord question us of the phenomena of nature—inquire how he himself came into the world— delight to learn something of the God we tell him to adore—and find in the rainbow and the thunder, in the meteor and the star, a thousand subjects of eager curiosity and reverent wonder. The why perpetually torments him;—every child is born a philosopher!—the child is the analogy of a people yet in childhood.186

XII. It may follow as a corollary from this problem, that the Greeks of themselves arrived at the stage of philosophical inquiry without any very important and direct assistance from the lore of Egypt and the East. That lore, indeed, awakened the desire, but it did not guide the spirit of speculative research. And the main cause why philosophy at once assumed with the Greeks a character distinct from that of the Oriental world, I have already intimated187, in the absence of a segregated and privileged religious caste. Philosophy thus fell into the hands of sages, not of priests. And whatever the Ionian states (the cradle of Grecian wisdom) received from Egypt or the East, they received to reproduce in new and luxuriant prodigality. The Ionian sages took from an elder wisdom not dogmas never to be questioned, but suggestions carefully to be examined. It thus fortunately happened that the deeper and maturer philosophy of Greece proper had a kind of intermedium between the systems of other nations and its own. The Eastern knowledge was borne to Europe through the Greek channels of Asiatic colonies, and became Hellenized as it passed. Thus, what was a certainty in the East, became a proposition in Ionia, and ultimately a doubt, at Athens. In Greece, indeed, as everywhere, religion was connected with the first researches of philosophy. From the fear of the gods, to question of the nature of the gods, is an easy transition. The abundance and variety of popular superstitions served but to stimulate curiosity as to their origin; and since in Egypt the sole philosophers were the priests, a Greek could scarcely converse with an Egyptian on the articles of his religion without discussing also the principles of his philosophy. Whatever opinions the Greek might then form and promulge, being sheltered beneath no jealous and prescriptive priestcraft, all had unfettered right to canvass and dispute them, till by little and little discussion ripened into science.

The distinction, in fine, between the Greeks and their contemporaries was this: if they were not the only people that philosophized, they were the only people that said whatever they pleased about philosophy. Their very plagiarism from the philosophy of other creeds was fortunate, inasmuch as it presented nothing hostile to the national superstition. Had they disputed about the nature of Jupiter, or the existence of Apollo, they might have been persecuted, but they could start at once into disquisitions upon the eternity of matter, or the providence of a pervading mind.

XIII. This spirit of innovation and discussion, which made the characteristic of the Greeks, is noted by Diodorus. “Unlike the Chaldaeans,” he observes, “with whom philosophy is delivered from sire to son, and all other employment rejected by its cultivators, the Greeks come late to the science—take it up for a short time—desert it for a more active means of subsistence—and the few who surrender themselves wholly to it practise for gain, innovate the most important doctrines, pay no reverence to those that went before, create new sects, establish new theorems, and, by perpetual contradictions, entail perpetual doubts.” Those contradictions and those doubts made precisely the reason why the Greeks became the tutors of the world!

There is another characteristic of the Greeks indicated by this remark of Diodorus. Their early philosophers, not being exempted from other employments, were not the mere dreamers of the closet and the cell. They were active, practical, stirring men of the world. They were politicians and moralists as well as philosophers. The practical pervaded the ideal, and was, in fact, the salt that preserved it from decay. Thus legislation and science sprung simultaneously into life, and the age of Solon is the age of Thales.

XIV. Of the seven wise men (if we accept that number) who flourished about the same period, six were rulers and statesmen. They were eminent, not as physical, but as moral, philosophers; and their wisdom was in their maxims and apothegms. They resembled in much the wary and sagacious tyrants of Italy in the middle ages—masters of men’s actions by becoming readers of their minds. Of these seven, Periander of Corinth (began to reign B. C. 625, died B. C. 585) and Cleobulus of Lindus (fl. B. C. 586), tyrants in their lives, and cruel in their actions, were, it is said, disowned by the remaining five188. But goodness is not the necessary consequence of intellect, and, despite their vices, these princes deserved the epithet of wise. Of Cleobulus we know less than of Periander; but both governed with prosperity, and died in old age. If we except Pisistratus, Periander was the greatest artist of all that able and profound fraternity, who, under the name of tyrants, concentred the energies of their several states, and prepared the democracies by which they were succeeded. Periander’s reputed maxims are at variance with his practice; they breathe a spirit of freedom and a love of virtue which may render us suspicious of their authenticity—the more so as they are also attributed to others. Nevertheless, the inconsistency would be natural, for reason makes our opinions, and circumstance shapes our actions. “A democracy is better than a tyranny,” is an aphorism imputed to Periander: but when asked why he continued tyrant, he answered, “Because it is dangerous willingly to resist, or unwillingly to be deposed.” His principles were republican, his position made him a tyrant. He is said to have fallen into extreme dejection in his old age; perhaps because his tastes and his intellect were at war with his life. Chilo, the Lacedaemonian ephor, is placed also among the seven. His maxims are singularly Dorian—they breathe reverence of the dead and suspicion of the living. “Love,” he said (if we may take the authority of Aulus Gellius, fl. B. C. 586), “as if you might hereafter hate, and hate as if you might hereafter love.” Another favourite sentence of his was, “to a surety loss is at hand.”189A third, “we try gold by the touchstone. Gold is the touchstone of the mind.” Bias, of Priene in Ionia, is quoted, in Herodotus, as the author of an advice to the Ionians to quit their country, and found a common city in Sardinia (B. C. 586). He seems to have taken an active part in all civil affairs. His reputed maxims are plain and homely—the elementary principles of morals. Mitylene in Lesbos boasted the celebrated Pittacus (began to govern B. C. 589, resigned 579, died 569). He rose to the tyranny of the government by the free voice of the people; enjoyed it ten years, and voluntarily resigned it, as having only borne the dignity while the state required the direction of a single leader. It was a maxim with him, for which he is reproved by Plato, “That to be good is hard.” His favourite precept was, “Know occasion:” and this he amplified in another (if rightly attributed to him), “To foresee and prevent dangers is the province of the wise—to direct them when they come, of the brave.”

XV. Of Solon, the greatest of the seven, I shall hereafter speak at length. I pass now to Thales (born B. C. 639);—the founder of philosophy, in its scientific sense—the speculative in contradistinction to the moral: Although an ardent republican, Thales alone, of the seven sages, appears to have led a private and studious life. He travelled, into Crete, Asia, and at a later period into Egypt. According to Laertius, Egypt taught him geometry. He is supposed to have derived his astrological notions from Phoenicia. But this he might easily have done without visiting the Phoenician states. Returning to Miletus, he obtained his title of Wise190. Much learning has been exhausted upon his doctrines to very little purpose. They were of small value, save as they led to the most valuable of all philosophies—that of experiment. They were not new probably even in Greece191, and of their utility the following brief sketch will enable the reader to judge for himself.

He maintained that water, or rather humidity, was the origin of all things, though he allowed mind or intellect (nous) to be the impelling principle. And one of his arguments in favour of humidity, as rendered to us by Plutarch and Stobaeus, is pretty nearly as follows: —“Because fire, even in the sun and the stars, is nourished by vapours proceeding from humidity,—and therefore the whole world consists of the same.” Of the world, he supposed the whole to be animated by, and full of, the Divinity—its Creator—that in it was no vacuum—that matter was fluid and variable.192

He maintained the stars and sun to be earthly, and the moon of the same nature as the sun, but illumined by it. Somewhat more valuable would appear to have been his geometrical science, could we with accuracy attribute to Thales many problems claimed also, and more probably, by Pythagoras and later reasoners. He is asserted to have measured the pyramids by their shadows. He cultivated astronomy and astrology; and Laertius declares him to have been the first Greek that foretold eclipses. The yet higher distinction has been claimed for Thales of having introduced among his countrymen the doctrine of the immortality of the soul. But this sublime truth, though connected with no theory of future rewards and punishments, was received in Greece long before his time. Perhaps, however, as the expressions of Cicero indicate, Thales might be the first who attempted to give reasons for what was believed. His reasons were, nevertheless, sufficiently crude and puerile; and having declared it the property of the soul to move itself, and other things, he was forced to give a soul to the loadstone, because it moved iron!

These fantastic doctrines examined, and his geometrical or astronomical discoveries dubious, it may be asked, what did Thales effect for philosophy? Chiefly this: he gave reasons for opinions—he aroused the dormant spirit of inquiry—he did for truths what the legislators of his age did for the people—left them active and stirring to free and vigorous competition. He took Wisdom out of despotism, and placed her in a republic—he was in harmony with the great principle of his age, which was investigation, and not tradition; and thus he became the first example of that great truth— that to think freely is the first step to thinking well. It fortunately happened, too, that his moral theories, however inadequately argued upon, were noble and exalting. He contended for the providence of a God, as well as for the immortality of man. He asserted vice to be the most hateful, virtue the most profitable of all things193. He waged war on that vulgar tenacity of life which is the enemy to all that is most spiritual and most enterprising in our natures, and maintained that between life and death there is no difference—the fitting deduction from a belief in the continuous existence of the soul194. His especial maxim was the celebrated precept, “Know thyself.” His influence was vigorous and immediate. How far he created philosophy may be doubtful, but he created philosophers. From the prolific intelligence which his fame and researches called into being, sprang a new race of thoughts, which continued in unbroken succession until they begat descendants illustrious and immortal. Without the hardy errors of Thales, Socrates might have spent his life in spoiling marble, Plato might have been only a tenth-rate poet, and Aristotle an intriguing pedagogue.

XVI. With this I close my introductory chapters, and proceed from dissertation into history;—pleased that our general survey of Greece should conclude with an acknowledgment of our obligations to the Ionian colonies. Soon, from the contemplation of those enchanting climes; of the extended commerce and the brilliant genius of the people—the birthplace of the epic and the lyric muse, the first home of history, of philosophy, of art;—soon, from our survey of the rise and splendour of the Asiatic Ionians, we turn to the agony of their struggles—the catastrophe of their fall. Those wonderful children of Greece had something kindred with the precocious intellect that is often the hectic symptom of premature decline. Originating, advancing nearly all which the imagination or the reason can produce, while yet in that social youth which promised a long and a yet more glorious existence—while even their great parent herself had scarcely emerged from the long pupilage of nations, they fell into the feebleness of age! Amid the vital struggles, followed by the palsied and prostrate exhaustion of her Ionian children, the majestic Athens suddenly arose from the obscurity of the past to an empire that can never perish, until heroism shall cease to warm, poetry to delight, and wisdom to instruct the future.

FROM THE LEGISLATION OF SOLON TO THE BATTLE OF MARATHON, B. C. 594-490.

The Conspiracy of Cylon.—Loss of Salamis.—First Appearance of Solon.—Success against the Megarians in the Struggle for Salamis.— Cirrhaean War.—Epimenides.—Political State of Athens.—Character of Solon.—His Legislation.—General View of the Athenian Constitution.

I. The first symptom in Athens of the political crisis (B. C. 621) which, as in other of the Grecian states, marked the transition of power from the oligarchic to the popular party, may be detected in the laws of Draco. Undue severity in the legislature is the ordinary proof of a general discontent: its success is rarely lasting enough to confirm a government—its failure, when confessed, invariably strengthens a people. Scarcely had these laws been enacted (B. C. 620) when a formidable conspiracy broke out against the reigning oligarchy195. It was during the archonship of Megacles (a scion of the great Alcmaeonic family, which boasted its descent from Nestor) that the aristocracy was menaced by the ambition of an aristocrat.

Born of an ancient and powerful house, and possessed of considerable wealth, Cylon, the Athenian, conceived the design of seizing the citadel, and rendering himself master of the state. He had wedded the daughter of Theagenes, tyrant of Megara, and had raised himself into popular reputation several years before, by a victory in the Olympic games (B. C. 640). The Delphic oracle was supposed to have inspired him with the design; but it is at least equally probable that the oracle was consulted after the design had been conceived. The divine voice declared that Cylon should occupy the citadel on the greatest festival of Jupiter. By the event it does not appear, however, that he selected the proper occasion. Taking advantage of an Olympic year, when many of the citizens were gone to the games, and assisted with troops by his father-in-law, he seized the citadel. Whatever might have been his hopes of popular support—and there is reason to believe that he in some measure calculated upon it—the time was evidently unripe for the convulsion, and the attempt was unskilfully planned. The Athenians, under Megacles and the other archons, took the alarm, and in a general body blockaded the citadel. But they grew weary of the length of the siege; many of them fell away, and the contest was abandoned to the archons, with full power to act according to their judgment. So supine in defence of the liberties of the state are a people who have not yet obtained liberty for themselves!

II. The conspirators were reduced by the failure of food and water. Cylon and his brother privately escaped. Of his adherents, some perished by famine, others betook themselves to the altars in the citadel, claiming, as suppliants, the right of sanctuary. The guards of the magistrates, seeing the suppliants about to expire from exhaustion, led them from the altar and put them to death. But some of the number were not so scrupulously slaughtered—massacred around the altars of the furies. The horror excited by a sacrilege so atrocious, may easily be conceived by those remembering the humane and reverent superstition of the Greeks:—the indifference of the people to the contest was changed at once into detestation of the victors. A conspiracy, hitherto impotent, rose at once into power by the circumstances of its defeat. Megacles—his whole house—all who had assisted in the impiety, were stigmatized with the epithet of “execrable.” The faction, or friends of Cylon, became popular from the odium of their enemies—the city was distracted by civil commotion—by superstitious apprehensions of the divine anger—and, as the excesses of one party are the aliment of the other, so the abhorrence of sacrilege effaced the remembrance of a treason.

III. The petty state of Megara, which, since the earlier ages, had, from the dependant of Athens, grown up to the dignity of her rival, taking advantage of the internal dissensions in the latter city, succeeded in wresting from the Athenian government the Isle of Salamis. It was not, however, without bitter and repeated struggles that Athens at last submitted to the surrender of the isle. But, after signal losses and defeats, as nothing is ever more odious to the multitude than unsuccessful war, so the popular feeling was such as to induce the government to enact a decree, by which it was forbidden, upon pain of death, to propose reasserting the Athenian claims. But a law, evidently the offspring of a momentary passion of disgust or despair, and which could not but have been wrung with reluctance from a government, whose conduct it tacitly arraigned, and whose military pride it must have mortified, was not likely to bind, for any length of time, a gallant aristocracy and a susceptible people. Many of the younger portion of the community, pining at the dishonour of their country, and eager for enterprise, were secretly inclined to countenance any stratagem that might induce the reversal of the decree.

At this time there went a report through the city, that a man of distinguished birth, indirectly descended from the last of the Athenian kings, had incurred the consecrating misfortune of insanity. Suddenly this person appeared in the market-place, wearing the peculiar badge that distinguished the sick196. His friends were, doubtless, well prepared for his appearance—a crowd, some predisposed to favour, others attracted by curiosity, were collected round him— and, ascending to the stone from which the heralds made their proclamations, he began to recite aloud a poem upon the loss of Salamis, boldly reproving the cowardice of the people, and inciting them again to war. His supposed insanity protected him from the law— his rank, reputation, and the circumstance of his being himself a native of Salamis, conspired to give his exhortations a powerful effect, and the friends he had secured to back his attempt loudly proclaimed their applauding sympathy with the spirit of the address. The name of the pretended madman was Solon, son of Execestides, the descendant of Codrus.

Plutarch (followed by Mr. Milford, Mr. Thirlwall, and other modern historians) informs us that the celebrated Pisistratus then proceeded to exhort the assembly, and to advocate the renewal of the war—an account that is liable to this slight objection, that Pisistratus at that time was not born!197

IV. The stratagem and the eloquence of Solon produced its natural effect upon his spirited and excitable audience, and the public enthusiasm permitted the oligarchical government to propose and effect the repeal of the law198. An expedition was decreed and planned, and Solon was invested with its command. It was but a brief struggle to recover the little island of Salamis: with one galley of thirty oars and a number of fishing-craft, Solon made for Salamis, took a vessel sent to reconnoitre by the Megarians, manned it with his own soldiers, who were ordered to return to the city with such caution as might prevent the Megarians discovering the exchange, on board, of foes for friends; and then with the rest of his force he engaged the enemy by land, while those in the ship captured the city. In conformity with this version of the campaign (which I have selected in preference to another recorded by Plutarch), an Athenian ship once a year passed silently to Salamis—the inhabitants rushed clamouring down to meet it—an armed man leaped ashore, and ran shouting to the Promontory of Sciradium, near which was long existent a temple erected and dedicated to Mars by Solon.

But the brave and resolute Megarians were not men to be disheartened by a single reverse; they persisted in the contest—losses were sustained on either side, and at length both states agreed to refer their several claims on the sovereignty of the island to the decision of Spartan arbiters. And this appeal from arms to arbitration is a proof how much throughout Greece had extended that spirit of civilization which is but an extension of the sense of justice. Both parties sought to ground their claims upon ancient and traditional rights. Solon is said to have assisted the demand of his countrymen by a quotation, asserted to have been spuriously interpolated from Homer’s catalogue of the ships, which appeared to imply the ancient connexion of Salamis and Athens (199); and whether or not this was actually done, the very tradition that it was done, nearly half a century before the first usurpation of Pisistratus, is a proof of the great authority of Homer in that age, and how largely the services rendered by Pisistratus, many years afterward, to the Homeric poems, have been exaggerated and misconstrued. The mode of burial in Salamis, agreeable to the custom of the Athenians and contrary to that of the Megarians, and reference to certain Delphic oracles, in which the island was called “Ionian,” were also adduced in support of the Athenian claims. The arbitration of the umpires in favour of Athens only suspended hostilities; and the Megarians did not cease to watch (and shortly afterward they found) a fitting occasion to regain a settlement so tempting to their ambition.

V. The credit acquired by Solon in this expedition was shortly afterward greatly increased in the estimation of Greece. In the Bay of Corinth was situated a town called Cirrha, inhabited by a fierce and lawless race, who, after devastating the sacred territories of Delphi, sacrilegiously besieged the city itself, in the desire to possess themselves of the treasures which the piety of Greece had accumulated in the temple of Apollo. Solon appeared at the Amphictyonic council, represented the sacrilege of the Cirrhaeans, and persuaded the Greeks to arm in defence of the altars of their tutelary god. Clisthenes, the tyrant of Sicyon, was sent as commander-in-chief against the Cirrhaeans (B. C. 595); and (according to Plutarch) the records of Delphi inform us that Alcmaeon was the leader of the Athenians. The war was not very successful at the onset; the oracle of Apollo was consulted, and the answer makes one of the most amusing anecdotes of priestcraft. The besiegers were informed by the god that the place would not be reduced until the waves of the Cirrhaean Sea washed the territories of Delphi. The reply perplexed the army; but the superior sagacity of Solon was not slow in discovering that the holy intention of the oracle was to appropriate the land of the Cirrhaeans to the profit of the temple. He therefore advised the besiegers to attack and to conquer Cirrha, and to dedicate its whole territory to the service of the god. The advice was adopted—Cirrha was taken (B. C. 586); it became thenceforth the arsenal of Delphi, and the insulted deity had the satisfaction of seeing the sacred lands washed by the waves of the Cirrhaean Sea. An oracle of this nature was perhaps more effectual than the sword of Clisthenes in preventing future assaults on the divine city! The Pythian games commenced, or were revived, in celebration of this victory of the Pythian god.

VI. Meanwhile at Athens—the tranquillity of the state was still disturbed by the mortal feud between the party of Cylon and the adherents of the Alcmaeonidae—time only served to exasperate the desire of vengeance in the one, and increase the indisposition to justice in the other. Fortunately, however, the affairs of the state were in that crisis which is ever favourable to the authority of an individual. There are periods in all constitutions when, amid the excesses of factions, every one submits willingly to an arbiter. With the genius that might have made him the destroyer of the liberties of his country, Solon had the virtue to constitute himself their saviour. He persuaded the families stigmatized with the crime of sacrilege, and the epithet of “execrable,” to submit to the forms of trial; they were impeached, judged, and condemned to exile; the bodies of those whom death had already summoned to a sterner tribunal were disinterred, and removed beyond the borders of Attica. Nevertheless, the superstitions of the people were unappeased. Strange appearances were beheld in the air, and the augurs declared that the entrails of the victims denoted that the gods yet demanded a fuller expiation of the national crime.

At this time there lived in Crete one of those remarkable men common to the early ages of the world, who sought to unite with the honours of the sage the mysterious reputation of the magician. Epimenides, numbered by some among the seven wise men, was revered throughout Greece as one whom a heavenlier genius animated and inspired. Devoted to poetry, this crafty impostor carried its prerogatives of fiction into actual life; and when he declared—in one of his verses, quoted by St. Paul in his Epistle to Titus—that “the Cretans were great liars,” we have no reason to exempt the venerable accuser from his own unpatriotic reproach. Among the various legends which attach to his memory is a tradition that has many a likeness both in northern and eastern fable:—he is said to have slept forty-seven200years in a cave, and on his waking from that moderate repose, to have been not unreasonably surprised to discover the features of the country perfectly changed. Returning to Cnossus, of which he was a citizen, strange faces everywhere present themselves. At his father’s door he is asked his business, and at length, with considerable difficulty. he succeeds in making himself known to his younger brother, whom he had left a boy, and now recognised in an old decrepit man. “This story,” says a philosophical biographer, very gravely, “made a considerable sensation”—an assertion not to be doubted; but those who were of a more skeptical disposition, imagined that Epimenides had spent the years of his reputed sleep in travelling over foreign countries, and thus acquiring from men those intellectual acquisitions which he more piously referred to the special inspiration of the gods. Epimenides did not scruple to preserve the mysterious reputation he obtained from this tale by fables equally audacious. He endeavoured to persuade the people that he was Aeacus, and that he frequently visited the earth: he was supposed to be fed by the nymphs—was never seen to eat in public—he assumed the attributes of prophecy—and dying in extreme old age: was honoured by the Cretans as a god.

In addition to his other spiritual prerogatives, this reviler of “liars” boasted the power of exorcism; was the first to introduce into Greece the custom of purifying public places and private abodes, and was deemed peculiarly successful in banishing those ominous phantoms which were so injurious to the tranquillity of the inhabitants of Athens. Such a man was exactly the person born to relieve the fears of the Athenians, and accomplish the things dictated by the panting entrails of the sacred victims. Accordingly (just prior to the Cirrhaean war, B. C. 596), a ship was fitted out, in which an Athenian named Nicias was sent to Crete, enjoined to bring back the purifying philosopher, with all that respectful state which his celebrity demanded. Epimenides complied with the prayer of the Athenians he arrived at Athens, and completed the necessary expiation in a manner somewhat simple for so notable an exorcist. He ordered several sheep, some black and some white, to be turned loose in the Areopagus, directed them to be followed, and wherever they lay down, a sacrifice was ordained in honour of some one of the gods. “Hence,” says the historian of the philosophers, “you may still see throughout Athens anonymous altars (i. e. altars uninscribed to a particular god), the memorials of that propitiation.”

The order was obeyed—the sacrifice performed—and the phantoms were seen no more. Although an impostor, Epimenides was a man of sagacity and genius. He restrained the excess of funeral lamentation, which often led to unseasonable interruptions of business, and conduced to fallacious impressions of morality; and in return he accustomed the Athenians to those regular habits of prayer and divine worship, which ever tend to regulate and systematize the character of a people. He formed the closest intimacy with Solon, and many of the subsequent laws of the Athenian are said by Plutarch to have been suggested by the wisdom of the Cnossian sage. When the time arrived for the departure of Epimenides, the Athenians would have presented him with a talent in reward of his services, but the philosopher refused the offer; he besought the Athenians to a firm alliance with his countrymen; accepted of no other remuneration than a branch of the sacred olive which adorned the citadel, and was supposed the primeval gift of Minerva, and returned to his native city,—proving that a man in those days might be an impostor without seeking any other reward than the gratuitous honour of the profession.

VII. With the departure of Epimenides, his spells appear to have ceased; new disputes and new factions arose; and, having no other crimes to expiate, the Athenians fell with one accord upon those of the government. Three parties—the Mountaineers, the Lowlanders, and the Coastmen—each advocating a different form of constitution, distracted the state by a common discontent with the constitution that existed, the three parties, which, if we glance to the experience of modern times, we might almost believe that no free state can ever be without—viz., the respective advocates of the oligarchic, the mixed, and the democratic government. The habits of life ever produce among classes the political principles by which they are severally regulated. The inhabitants of the mountainous district, free, rude, and hardy, were attached to a democracy; the possessors of the plains were the powerful families who inclined to an oligarchy, although, as in all aristocracies, many of them united, but with more moderate views, in the measures of the democratic party; and they who, living by the coast, were engaged in those commercial pursuits which at once produce an inclination to liberty, yet a fear of its excess, a jealousy of the insolence of the nobles, yet an apprehension of the licentiousness of the mob, arrayed themselves in favour of that mixed form of government—half oligarchic and half popular—which is usually the most acceptable to the middle classes of an enterprising people. But there was a still more fearful division than these, the three legitimate parties, now existing in Athens: a division, not of principle, but of feeling—that menacing division which, like the cracks in the soil, portending earthquake, as it gradually widens, is the symptom of convulsions that level and destroy,—the division, in one word, of the rich and the poor—the Havenots and the Haves. Under an oligarchy, that most griping and covetous of all forms of government, the inequality of fortunes had become intolerably grievous; so greatly were the poor in debt to the rich, that201they were obliged to pay the latter a sixth of the produce of the land, or else to engage their personal labour to their creditors, who might seize their persons in default of payment. Some were thus reduced to slavery, others sold to foreigners. Parents disposed of their children to clear their debts, and many, to avoid servitude, in stealth deserted the land. But a large body of the distressed, men more sturdy and united, resolved to resist the iron pressure of the law: they formed the design of abolishing debts—dividing the land— remodelling the commonwealth: they looked around for a leader, and fixed their hopes on Solon. In the impatience of the poor, in the terror of the rich, liberty had lost its charms, and it was no uncommon nor partial hope that a monarchy might be founded on the ruins of an oligarchy already menaced with dissolution.

VIII. Solon acted during these disturbances with more than his usual sagacity, and therefore, perhaps, with less than his usual energy. He held himself backward and aloof, allowing either party to interpret, as it best pleased, ambiguous and oracular phrases, obnoxious to none, for he had the advantage of being rich without the odium of extortion, and popular without the degradation of poverty. “Phanias the Lesbian” (so states the biographer of Solon) “asserts, that to save the state he intrigued with both parties, promising to the poor a division of the lands, to the rich a confirmation of their claims;” an assertion highly agreeable to the finesse and subtlety of his character. Appearing loath to take upon himself the administration of affairs, it was pressed upon him the more eagerly; and at length he was elected to the triple office of archon, arbitrator, and lawgiver; the destinies of Athens were unhesitatingly placed within his hands; all men hoped from him all things; opposing parties concurred in urging him to assume the supreme authority of king; oracles were quoted in his favour, and his friends asserted, that to want the ambition of a monarch was to fail in the proper courage of a man. Thus supported, thus encouraged, Solon proceeded to his august and immortal task of legislation.

IX. Let us here pause to examine, by such light as is bequeathed us, the character of Solon. Agreeably to the theory of his favourite maxim, which made moderation the essence of wisdom, he seems to have generally favoured, in politics, the middle party, and, in his own actions, to have been singular for that energy which is the equilibrium of indifference and of rashness. Elevated into supreme and unquestioned power—urged on all sides to pass from the office of the legislator to the dignity of the prince—his ambition never passed the line which his virtue dictated to his genius. “Tyranny,” said Solon, “is a fair field, but it has no outlet.” A subtle, as well as a noble saying; it implies that he who has once made himself the master of the state has no option as to the means by which he must continue his power. Possessed of that fearful authority, his first object is to rule, and it becomes a secondary object to rule well. “Tyranny has, indeed, no outlet!” The few, whom in modern times we have seen endowed with a similar spirit of self-control, have attracted our admiration by their honesty rather than their intellect; and the skeptic in human virtue has ascribed the purity of Washington as much to the mediocrity of his genius as to the sincerity of his patriotism:—the coarseness of vulgar ambition can sympathize but little with those who refuse a throne. But in Solon there is no disparity between the mental and the moral, nor can we account for the moderation of his views by affecting doubt of the extent of his powers. His natural genius was versatile and luxuriant. As an orator, he was the first, according to Cicero, who originated the logical and brilliant rhetoric which afterward distinguished the Athenians. As a poet, we have the assurance of Plato that, could he have devoted himself solely to the art, even Homer would not have excelled him. And though these panegyrics of later writers are to be received with considerable qualification—though we may feel assured that Solon could never have been either a Demosthenes or a Homer, yet we have sufficient evidence in his history to prove him to have been eloquent—sufficient in the few remains of his verses to attest poetical talent of no ordinary standard. As a soldier, he seems to have been a dexterous master of the tactics of that primitive day in which military science consisted chiefly in the stratagems of a ready wit and a bold invention. As a negotiator, the success with which, out of elements so jarring and distracted, he created an harmonious system of society and law, is an unanswerable evidence not more of the soundness of his theories than of his practical knowledge of mankind. The sayings imputed to him which can be most reasonably considered authentic evince much delicacy of observation. Whatever his ideal of good government, he knew well that great secret of statesmanship, never to carry speculative doctrines too far beyond the reach of the age to which they are to be applied. Asked if he had given the Athenians the best of laws, his answer was, “The best laws they are capable of receiving.” His legislation, therefore, was no vague collection of inapplicable principles. While it has been the origin of all subsequent law,—while, adopted by the Romans, it makes at this day the universal spirit which animates the codes and constitutions of Europe—it was moulded to the habits, the manners, and the condition of the people whom it was intended to enlighten, to harmonize, and to guide. He was no gloomy ascetic, such as a false philosophy produces, affecting the barren sublimity of an indolent seclusion; open of access to all, free and frank of demeanour, he found wisdom as much in the market-place as the cell. He aped no coxcombical contempt of pleasure, no fanatical disdain of wealth; hospitable, and even sumptuous, in his habits of life, he seemed desirous of proving that truly to be wise is honestly to enjoy. The fragments of his verses which have come down to us are chiefly egotistical: they refer to his own private sentiments, or public views, and inform us with a noble pride, “that, if reproached with his lack of ambition, he finds a kingdom in the consciousness of his unsullied name.” With all these qualities, he apparently united much of that craft and spirit of artifice which, according to all history, sacred as well as profane, it was not deemed sinful in patriarch or philosopher to indulge. Where he could not win his object by reason, he could stoop to attain it by the affectation of madness. And this quality of craft was necessary perhaps, in that age, to accomplish the full utilities of his career. However he might feign or dissimulate, the end before him was invariably excellent and patriotic; and the purity of his private morals harmonized with that of his political ambition. What Socrates was to the philosophy of reflection, Solon was to the philosophy of action.

X. The first law that Solon enacted in his new capacity was bold and decisive. No revolution can ever satisfy a people if it does not lessen their burdens. Poverty disposes men to innovation only because innovation promises relief. Solon therefore applied himself resolutely, and at once, to the great source of dissension between the rich and the poor—namely, the enormous accumulation of debt which had been incurred by the latter, with slavery, the penalty of default. He induced the creditors to accept the compromise of their debts: whether absolutely cancelling the amount, or merely reducing the interest and debasing the coin, is a matter of some dispute; the greater number of authorities incline to the former supposition, and Plutarch quotes the words of Solon himself in proof of the bolder hypothesis, although they by no means warrant such an interpretation. And to remove for ever the renewal of the greatest grievance in connexion with the past distresses, he enacted a law that no man hereafter could sell himself in slavery for the discharge of a debt. Even such as were already enslaved were emancipated, and those sold by their creditors into foreign countries were ransomed, and restored to their native land, But, though (from the necessity of the times) Solon went to this desperate extent of remedy, comparable in our age only to the formal sanction of a national bankruptcy, he rejected with firmness the wild desire of a division of lands. There may be abuses in the contraction of debts which require far sterner alternatives than the inequalities of property. He contented himself in respect to the latter with a law which set a limit to the purchase of land—a theory of legislation not sufficiently to be praised, if it were possible to enforce it202. At first, these measures fell short of the popular expectation, excited by the example of Sparta into the hope of an equality of fortunes: but the reaction soon came. A public sacrifice was offered in honour of the discharge of debt, and the authority of the lawgiver was corroborated and enlarged. Solon was not one of those politicians who vibrate alternately between the popular and the aristocratic principles, imagining that the concession of to-day ought necessarily to father the denial of to-morrow. He knew mankind too deeply not to be aware that there is no statesman whom the populace suspect like the one who commences authority with a bold reform, only to continue it with hesitating expedients. His very next measure was more vigorous and more unexceptionable than the first. The evil of the laws of Draco was not that they were severe, but that they were inefficient. In legislation, characters of blood are always traced upon tablets of sand. With one stroke Solon annihilated the whole of these laws, with the exception of that (an ancient and acknowledged ordinance) which related to homicide; he affixed, in exchange, to various crimes—to theft, to rape, to slander, to adultery—punishments proportioned to the offence. It is remarkable that in the spirit of his laws he appealed greatly to the sense of honour and the fear of shame, and made it one of his severest penalties to be styled atimos or unhonoured—a theory that, while it suited the existent, went far to ennoble the future, character of the Athenians. In the same spirit the children of those who perished in war were educated at the public charge—arriving at maturity, they were presented with a suit of armour, settled in their respective callings, and honoured with principal seats in all public assemblies. That is a wise principle of a state which makes us grateful to its pensioners, and bids us regard in those supported at the public charge the reverent memorials of the public service203. Solon had the magnanimity to preclude, by his own hand, a dangerous temptation to his own ambition, and assigned death to the man who aspired to the sole dominion of the commonwealth. He put a check to the jobbing interests and importunate canvass of individuals, by allowing no one to propose a law in favour of a single person, unless he had obtained the votes of six thousand citizens; and he secured the quiet of a city exposed to the license of powerful factions, by forbidding men to appear armed in the streets, unless in cases of imminent exigence.

XI. The most memorable of Solon’s sayings illustrates the theory of the social fabric he erected. When asked how injustice should be banished from a commonwealth, he answered, “by making all men interested in the injustice done to each;” an answer imbodying the whole soul of liberty. His innovations in the mere forms of the ancient constitution do not appear to have been considerable; he rather added than destroyed. Thus he maintained or revived the senate of the aristocracy; but to check its authority he created a people. The four ancient tribes204, long subdivided into minor sections, were retained. Foreigners, who had transported for a permanence their property and families to Athens, and abandoned all connexion with their own countries, were admitted to swell the numbers of the free population. This made the constituent body. At the age of eighteen, each citizen was liable to military duties within the limits of Attica; at the age of twenty he attained his majority, and became entitled to a vote in the popular assembly, and to all the other rights of citizenship. Every free Athenian of the age of twenty was thus admitted to a vote in the legislature. But the possession of a very considerable estate was necessary to the attainment of the higher offices. Thus, while the people exercised universal suffrage in voting, the choice of candidates was still confined to an oligarchy. Four distinct ranks were acknowledged; not according, as hitherto, to hereditary descent, but the possession of property. They whose income yielded five hundred measures in any commodity, dry or liquid, were placed in the first rank, under the title of Pentacosiomedimnians. The second class, termed Hippeis, knights or horsemen, was composed of those whose estates yielded three hundred measures. Each man belonging to it was obliged to keep a horse for the public service, and to enlist himself, if called upon, in the cavalry of the military forces (the members of either of these higher classes were exempt, however, from serving on board ship, or in the infantry, unless intrusted with some command.) The third class was composed of those possessing two hundred205measures, and called Zeugitae; and the fourth and most numerous class comprehended, under the name of Thetes, the bulk of the non-enslaved working population, whose property fell short of the qualification required for the Zeugitae. Glancing over these divisions, we are struck by their similarity to the ranks among our own northern and feudal ancestry, corresponding to the nobles, the knights, the burgesses, and the labouring classes, which have so long made, and still constitute, the demarcations of society in modern Europe. The members of the first class were alone eligible to the highest offices as archons, those of the three first classes to the political assembly of the four hundred (which I shall presently describe), and to some minor magistracies; the members of the fourth class were excluded from all office, unless, as they voted in the popular assembly, they may be said to have had a share in the legislature, and to exercise, in extraordinary causes, judicial authority. At the same time no hereditary barrier excluded them from the hopes so dear to human aspirations. They had only to acquire the necessary fortune in order to enjoy the privileges of their superiors. And, accordingly, we find, by an inscription on the Acropolis, recorded in Pollux, that Anthemion, of the lowest class, was suddenly raised to the rank of knight.206

XII. We perceive, from these divisions of rank, that the main principle of Solon’s constitution was founded, not upon birth, but wealth. He instituted what was called a timocracy, viz., an aristocracy of property; based upon democratic institutions of popular jurisdiction, election, and appeal. Conformably to the principle which pervades all states, that make property the qualification for office, to property the general taxation was apportioned. And this, upon a graduated scale, severe to the first class, and completely exonerating the lowest. The ranks of the citizens thus established, the constitution acknowledged three great councils or branches of legislature. The first was that of the venerable Areopagus. We have already seen that this institution had long existed among the Athenians; but of late it had fallen into some obscurity or neglect, and was not even referred to in the laws of Draco. Solon continued the name of the assembly, but remodelled its constitution. Anciently it had probably embraced all the Eupatrids. Solon defined the claims of the aspirants to that official dignity, and ordained that no one should be admitted to the areopagus who had not filled the situation of archon—an ordeal which implied not only the necessity of the highest rank, but, as I shall presently note, of sober character and unblemished integrity.

The remotest traditions clothed the very name of this assembly with majesty and awe. Holding their council on the sacred hill consecrated to Mars, fable asserted that the god of battle had himself been arraigned before its tribunal. Solon exerted his imagination to sustain the grandeur of its associations. Every distinction was lavished upon senators, who, in the spirit of his laws, could only pass from the temple of virtue to that of honour. Before their jurisdiction all species of crime might be arraigned—they had equal power to reward and to punish. From the guilt of murder to the negative offence of idleness207, their control extended—the consecration of altars to new deities, the penalties affixed to impiety, were at their decision, and in their charge. Theirs was the illimitable authority to scrutinize the lives of men—they attended public meetings and solemn sacrifices, to preserve order by the majesty of their presence. The custody of the laws and the management of the public funds, the superintendence of the education of youth, were committed to their care. Despite their power, they interfered but little in the management of political affairs, save in cases of imminent danger. Their duties, grave, tranquil, and solemn, held them aloof from the stir of temporary agitation. They were the last great refuge of the state, to which, on common occasions, it was almost profanity to appeal. Their very demeanour was modelled to harmonize with the reputation of their virtues and the dignity of their office. It was forbidden to laugh in their assembly—no archon who had been seen in a public tavern could be admitted to their order208, and for an areopagite to compose a comedy was a matter of special prohibition209. They sat in the open air, in common with all courts having cognizance of murder. If the business before them was great and various, they were wont to divide themselves into committees, to each of which the several causes were assigned by lot, so that no man knowing the cause he was to adjudge could be assailed with the imputation of dishonest or partial prepossession. After duly hearing both parties, they gave their judgment with proverbial gravity and silence. The institution of the ballot (a subsequent custom) afforded secrecy to their award—a proceeding necessary amid the jealousy and power of factions, to preserve their judgment unbiased by personal fear, and the abolition of which, we shall see hereafter, was among the causes that crushed for a while the liberties of Athens. A brazen urn received the suffrages of condemnation—one of wood those of acquittal. Such was the character and constitution of the AREOPAGUS.210

XIII. The second legislative council ordained or revived by Solon, consisted of a senate, composed, first of four hundred, and many years afterward of five hundred members. To this council all, save the lowest and most numerous class, were eligible, provided they had passed or attained the age of thirty. It was rather a chance assembly than a representative one. The manner of its election appears not more elaborate than clumsy. To every ward there was a president, called phylarchus. This magistrate, on a certain day in the year, gave in the names of all the persons within his district entitled to the honour of serving in the council, and desirous of enjoying it. These names were inscribed on brazen tablets, and cast into a certain vessel. In another vessel was placed an equal number of beans; supposing the number of candidates to be returned by each tribe to be (as it at first was) a hundred, there were one hundred white beans put into the vessel—the rest were black. Then the names of the candidates and the beans were drawn out one by one; and each candidate who had the good fortune to have his name drawn out together with a white bean, became a member of the senate. Thus the constitution of each succeeding senate might differ from the last—might, so far from representing the people, contradict their wishes—was utterly a matter of hazard and chance; and when Mr. Mitford informs us that the assembly of the people was the great foundation of evil in the Athenian constitution, it appears that to the capricious and unsatisfactory election of this council we may safely impute many of the inconsistencies and changes which that historian attributes entirely to the more popular assembly211. To this council were intrusted powers less extensive in theory than those of the Areopagus, but far more actively exerted. Its members inspected the fleet (when a fleet was afterward established)—they appointed jailers of prisons —they examined the accounts of magistrates at the termination of their office; these were minor duties; to them was allotted also an authority in other departments of a much higher and more complicated nature. To them was given the dark and fearful extent of power which enabled them to examine and to punish persons accused of offences unspecified by any peculiar law212—an ordinance than which, had less attention been paid to popular control, the wildest ambition of despotism would have required no broader base for its designs. A power to punish crimes unspecified by law is a power above law, and ignorance or corruption may easily distort innocence itself into crime. But the main duty of the Four Hundred was to prepare the laws to be submitted to the assembly of the people—the great popular tribunal which we are about presently to consider. Nor could any law, according to Solon, be introduced into that assembly until it had undergone the deliberation, and received the sanction, of this preliminary council. With them, therefore, was THE ORIGIN OF ALL LEGISLATION. In proportion to these discretionary powers was the examination the members of the council underwent. Previous to the admission of any candidate, his life, his character, and his actions were submitted to a vigorous scrutiny213. The senators then took a solemn oath that they would endeavour to promote the public good, and the highest punishment they were allowed to inflict was a penalty of five hundred drachma. If that punishment were deemed by them insufficient, the criminal was referred to the regular courts of law. At the expiration of their trust, which expired with each year, the senators gave an account of their conduct, and the senate itself punished any offence of its members; so severe were its inflictions, that a man expelled from the senate was eligible as a judge—a proof that expulsion was a punishment awarded to no heinous offence.214


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