Chapter 29
PART I.
SOLON.
V
'21
thirteenth table.There were two kinds of infamy, by the lefler a Man was degraded and made unca- pable of all honour or office in the Common wealth i by the greater , he and his Children were lyable to be killed by any man, and he not to be queftioned for it.
^ h Of his laws,, thole leem moft finguldr and
paradoxal, which declare him infamous, who in a fedition takes neither part : it is cited out of 1 Lib. 2. cap. Ariflotle by * A.Gellius in thefe words : If through *2. dijcord and dijfcntion.^ any fedition and difference
divided the peoffe into two faBionsynhereupon with exafperated minds both parties take up arms and fight ^ he^who at that time.^ and upon that occafion of civil difcord fhall not engagehimfelf on either fide but foUtary and feparated from the common evil of the City withdraw himfelflet him be deprived of ^ Tint, houfe., Country and goods by banijhment. ^ He would not that any one faving himlelf harmlefs, fhould be infenfible of the common calamity, or boaft himlelf to have no lhare in the publick grief, but that inftantly applying himfelf to the better and jufter fide, he fhould intereft himfelf in the common danger, and affift, rather than out of all hazard, expeH: which fide Ihould get the better. When we did read ( faith A. Gellius ) this law of Solon., a perfon indued with lingular wifdom, at firft we remained in great fufpence and admiration, enquiring for what reafon he Judged thofe worthy of punilhment, who with¬ drew themfelves from fedition and civil war 5 then one whofe fight pierced more deeply into the ufe and meaning of the law, affirmed, the in¬ tent thereof was not to encreale, but appeale fe¬ dition-, and fo indeed it is: for if all good perlbns, who in the beginning are too few to reftrain a fedition, Ihould not deter the diftra£l- ed raging people, but dividing themfelves, ad¬ here to either fide, it would follow, that they being feparated as partakers of both faftions, the parties might be temper’d and govern’d by them, as being perfons of greateft authority ; by which means they might reftore them to peace, and reconcile them, governing and moderating that fide whereof they are, and defiring much rather the adverfe party Ihould be prelerved ‘ ad Attic. 10. than deftroyed. ‘ Cicero citing this law, aver-
