I. reth the punilhment to have been capital, per¬

haps underftanding infamy here of the more fevere kind.
Abfiird and ridiculous (faith Flutarch) leemeth that Law which alloweth an inheritrix., if he who poffejfcth her bylaw att her Lord and Mafier be im¬ potent., to admit any of her husbands nearejl kin¬ dred. But fome aver it is juft, as to thofe, who tho’ they are impotent, yet will marry rich heirs for their mony, and by the priviledge of law wrong nature -, for when they fee it lawful for the heir to admit whom Ihe plealeth, either they will refrain from fiich marriages, or undergo them with the reproach of avarice and diftionefty: It is well ordered alfo, that ftie may not admit any one. but only whom fhe will of her husbands kindred, whereby the iffue may be of his family * Pint. and race. » Hitherto likewife it tends, that the Bride be Jhut up in a room with the Bridegroom, and eat a ^lince with him. (Intimating, ac- ® In pracept. cording to " Flutarch's interpretation, that the cati'iHgui. grace of her lips and voyce fhould be agree¬
able and fweet ) and that he who marrieth an
heir, he obliged to vifit her thrice a Alonth at the leaf : For though they have not children, this argues a refpeQ due to a chaft Wife; and pre¬ vents or reconciles unkiiidnels and diflention.
Thofe words of the former law. He who pof- fejfeth her by law a^. her Lord and Aiafier, have reference to another Law of his, mentioned by ° Diodorus Siculus, the next of kin toan° Lib. 121,
heir might by lai likewife might require him that was next of kin who was obliged to marry her, though never fo
poor, or to pay ^co Drachms for her dotoryili^xQ-
to Terence alludes. p Hsc. A7. i;
Sciiu
The Law commands an heir to marry with
Her Husbands next of kin, and him to take her.
And to the putting her off without a dowry of 500 drachms, (that is BsiQmina) where. zfccn.^.
Though I be injur’d thus, yet rather than
Fie be contentious, or bound fill to hear thee,
-Since fhe' s my kinf woman, take hence with her
The Dower the law enjoy ns me, here's five pound.
' In all other marriages he forbad Dowries, ' Pint. ordaining that a Bride fhould bring with her no more than three gowns, and fome flight Houfhold- of fmdll value fciQ particulars whereof were expreis’d, as ^ Follux leems to imply, for he^ 1. 12. i5{ would not that marriage fhould be mercenary or vendible, but that the Man and Woman floould co¬ habit for Iffue, love, and friendfhip. Hither ‘ Ifi- ' 3.
dor alludes amongft the Athenians legal mar- ^43* riage was laid to be contraHed in refpeH; of iffue.
That Law of his alfo was commended, as “ Demofihenes2irAFlutarchdXX.dk, which forbad to revile the dead. Let no man revile any dead^^"' perfon, though provoked by the revi lings of his Children. " To efteem the deceafed holy, is pi- pht, ous, to fpare the abfent, juft, to take away the eternity of hatred, civil.
* He forbad to revile any living perfon at fa- * cred folemnities. Courts of Judicature, and pub- lick JpeBacles, upon penalty of three drachms to be paid to the reviled perfon , two more to the common treafury. To moderate anger no where he accounted rude and diforderly, every where difficult, to fome impoflible. A law muft be accommodated to what is poffible, intending to punifh fome few, to advantage not many to no purpofe.
y His law concerning Teftaments is much ap- Pl^t‘ proved ; for before, no man had power to make a Will, but his goods, and lands continued in the family of the deceafed perfon. Solon made it lawful for him tfat had no Children, to give his ejiate to whom he pleajed. He preferred friend- ftiip before kindred, and favour before neceffity, and ordered, that wealth (hould be at the difpo- fal of him in whofe hands it was : yet he permit¬ ted not this raihly, or abfblutely, but condition¬ ally, If he were not vor ought upon by ficknefs po¬ tions, bondage, or the bland ifomcnts of aWife.'ffW ly he efteemed it all one whether a Man be fe- duced by indireH means, or violently con- ftrained, thus comiparing deceit with force, and plealure with pain, as being of equal power to
put
SOLON.
Part J.
* Fha.
put a Man out of his right Mind. This ^ Orat.'w Lept. is mentioned like wife by g Demojibencs.
He alfo limited the Vifits, Mournings, and Feaits of Women, by a Law which curbed their former LicentiouliieiL Her zvho went abroad.^ he permitted not to carry with her above three Gowns., nor more meat anddrinkthan inight be bought with an oholus.^ nor a basket above a Cubit in bignefs^
' nor to travel by Night.^ tmlejs in a Chariot., and with Torch -light : He forbad them to tear their Cheeks to procure mourning and lamentation., at the Funerals of thofe., to whom they have no rela¬ tion. He forbad to facrifice an Ox at Funerals.,and to bury more than three Garments with the dead Body-., not to approach the Monuments of fir an¬ gers unlefs at their Exequies. Of which ( laith ^ 7)f leg. lib. 2. our Laws are full : ’• Cicero alio af¬
firms, that the Laws of the twelve Tables for contrafling the pomp of Funerals, and concern¬ ing mourning, are transferred from thole of So¬ lon., who (as Fhaleri/As writes)airoon as Funerals began to be folemnized with pomp and lamen¬ tation, took them away .'Which LdwtheDecemviri put into the tenth table, almofl in the very lame words, for that of three Neighbourhoods and mofl of the reft are Solon’s., that of Mourning in his exprels words, Let no Women tear their Cheeks, nor make lamentation at a Funeral.
' Conlidering that all the City grew very po¬ pulous, many recurring thither from all parts of Atticafoi liberty and lecurity, that the Country was for the moft part barren and , bad, that fuch as trade by Sea import nothing for thofe, that have not wherewith to barter or exchange with them, he addifled the Citizens to Arts, and made a Law,that the Son fhould not be obliged to maintain hk Fathetfifhe had not brought him up to Pr£fat.lib.6. a Trade (mentioned alfo by ^ Vitruvius, Galen, ' Vrat. m Theopoylabl, and others ) and commanded the Court of Areopagus to examine by what gain eveiy JHan maintained himfelf, and to punijh idle Per- fons, whom he made liable to the aUion of every Man, and at the third ConviUion punifhed with Infamy. This Law ■> Herodotus, and ° Diodorus Siculus affirm to have been in ule amongft the JTgyptians, made by Amafis, and , from them derived by Solon to the Athenians.
p Yet more fevere was that mentioned by Heraclides of Pontus, which difengaged the Sons' of Concubines from maintaining their Fathers. He who tranfgrefteth the bounds of marriage, profef feth he doth it not out of defire of ilfue, but for pleaftire, and therefore already hath his re¬ ward, and can expefl to have no further tye upon thole he begets , whole birth is their Shame.
Moft incongruous feem thofe Laws of So¬ lon, which concern Women, for he permitted that whofoever furprifed an ^Adulterer (with iyfiasinOm.xhQ\kl[fQ or r Concubine of’ any J might kill de c&de Era- Money of him ) he that I'avifioed a
free Woman was fined i oo Drachms, he that plaid the pander, (20 ' Mf chines faith, to die) except to fuch women as were cowmonTk. alfo forbad any Man to give hisSifier or Daughter to that profef- fion, unlefs himfelf fir ft furprifehcr with a Man. This flaith Plutarch) feemsabfurd to punilh the fame offences Ibmetimes feverely with Heath, fometimes with a pecuniary mulbl, unlefs, be- caule at that time Money was very rare in A
the pu-
tPlat.
Plut.
Flat.
de artes.
Lb.
Lib.
7-
Pliit.
Plut.
toftb.
® Oral. in'Ti- march.
thens, the Icarcity thereof aggravated
niflrment.
He alfigned five hundred Drachms to the Viflorof the Ifihmian Games, a hundred to the ViStor of the Olympick : attefted alfo by Laer¬ tius, who faith, he conrraaed the Rewards of the Athleta’s, judging them dangerous ViHors, and thiit they were Crowned rather than for their Country. ’
“ Whofoever brought ahe-WolJ was to receive'^ five di achms,for a jhe-H'olJ one-, according to Demeti lus Phalerius, this being the price of a Sheep, that of an Ox. It is cuftomary with the Athenians, that fuch as have grounds fit¬ ter for Failure than Plowing, make War with the Wolves^
Forafhauch as there is fuch fcarcity of* Rivers, Lakes , and Springs in the Country that they are conftrainedto dig Wells, he made a Ldw, Where there was a common Well within a Hipptcon,they fhould make ufe of it. (A Hippicon IS the diftance of four f urlongs) ‘ they that ‘lived further off fhould . procure Water of ‘ their own, and if when they have digged ten ‘ fathom deep,they find not any, they might be ‘ allowed to fill a Pitcher of fix Gallons twice ‘ a Day at their Neighbours Well.
• " preferibed for plant-* piut.
ing, Whefoever planted any young Tree in hA Ground, fhould fet it five foot difi ant from his Neighbours -, who a Figtree or Olive-tree nine : Becaufe the Roots of thefe fpread far, nor is their Neighbourhood harmlels to all, but fucks away the nourifhment, and to tome their blatt is prejudicial.
^ » ‘ Whofoever diggeth any hole or ditch muft ^ make it lb far diftant from his Neighbours, as ‘ it is deep. Thefe are confirmed by » Cajus, ad- ‘ ding, Whofoever makes a Hedge to divide him- ‘ felf from his Neighbour, mult not exceed his ‘ own Bounds pf a Wall, he muft leave the fpace ‘ of a Foot, if aHoufe, two Feet, if a Well a ‘ Fathom. ’
‘Whofoever placeth a Hive of Bees, fhould obfervethe diftance of thirty Feet, from thofe that were before placed by his Neighbour.
b He commanded the Arehons to Curfe him'^ zK/ho exported any thing out of the Country, or that he fhould pay a hundred drachms to the public k Treafury, whereby they are not to be rejefted, who fay, that of old the exportation of figgs was prohibited, and that he who dilcovered an Exporter, was called a Sycophant.
' He made a Law concerning liich as fhould be ' hurt by a Dog,vyherein he ordained, that bit to be bound in a Chain four Cubits long.
This Law concerning Denization is difficult .
‘ That none Ihould be made free of the City, ex- ‘ cept fuch who were Banifhed for ever out of ‘ their own Country, or came to Athens with their ‘ whole Families to exercife fome trade ^ this he did not to drive away Foreigners, but to invite them to Athens by certainty of admittance into • the City, conceiving fuch would be faithful, thofe out of neceffity, thefe out of good-will. ’
' Likewife to be feafted in the publickHall' was the peculiar Inftitution oi' Solon, which he called not permitting the fame per- fon to eat there frequently .• but if he who were invitedj would not accept of it , he
^ Plut.
Lb..^.ad 12.
Plut.
PUt.
was
punifhed,
Part. I.
SOLON.
3
punifhed, conceiving this contempt of the pub- 1 they confefled themfelves guilty : others affirm
• Laert. f Orat. i Timmshi
■* Laert.
iique honour, that an inordinate appetite.
Hitherto thefe following are reci
ted by Laertius.
* if an^ one maintain not his Barents let him be infamous.^ as likevoife he that devours his patri¬ mony- Hitherto chines alludes-, in the fourth place with whom hath he to do ? If any Man by prodigality hath confumed his patrimony or hereditary goods-, for he conceived, he who had ordered his own Family ill, would in the fame manner take care of the Common- wealth ^ neither did the Law giver imagine it poflible, that the fame Perfon fhould be privately wick¬ ed, and publickly good, or that it were fitting fuch a one fhould go up into the chair, who took more care to frame an Oration, than to compofe his Life.
* Hq forbad fuch as haunted common Women to
t fn Tmarch. . confirmed by JEfchines h In the third
place with whom hath he to do ? If any Man ( faith he ) be a haunter of common Women, or procure Mony by fuch means ^ for he con¬ ceived, liich a one as fold his own fame for mo¬ ny, would eafily fell the bufinels of the State.
‘ In Atdm. And Demojlhenes.^ it is worth inquiry and con- •fideration, Athenians.^ how great care, Solon.^ the Author of this Law', had in the Common¬ wealth in all thole which he made, and how par¬ ticularly folicitous he was herein above all other things,which as it is evident by many other laws, fo alfo by this, which forbids thofe qui fe profli- tuerunt.^ either to plead or judge in publick.
* Laert. He augmented the rewards of liich as fliould
die in War, whofe Sons he ordered to be brought
* In Panatben. ^jjd inJiruHed at the publick charge. ^Arifti-
des.^_ thou alone of all M^n dift ordain thefe three things by Law, that liich as died for their Country fhould be annually praifed publickly at their Sepulchers^ their Children, till grown Men, maintained at the publick charge, then font back to their Fathers Houfe with compleat Arms^ likewife that infirm Citizens Ihould be maintain’d at the publick charge. ^ Lla- r to the Parents ^ you know the care .of the Com- mon-wealth, which in the laws concerning the Children and Parents of liich as died in the War, commands the fupream Magiflrate to take care., that the Laments of thofe that died in the War, above all other Citizens fhould not re¬ ceive any injury. The State brings up the Chil¬ dren alfo : hereby, faith Laertius, they became eager of fame and honour in War, as Lolyzelus, as Cynegyrus, as all thofe in the Marathonian fight: to whom may be added Harmodidus, A- rtjiogiton, Miltiades.
Let not a Guardian marry the Mother of his
Mtnrxcn.
It. ci
* Laert,
* In Hermog. t In Hermog.
Lae t.
ward, nor let any one be ward to him, who if body is carrying to the Grave, let the Men go be
Laert.
* Orat. in timarch.
he die, fhall inherit his efiate, confirm’d by ^Sy rianus, t Marcellius, and others, who add that the fame law forbad the ward to marry her Guardians Son.
Let not a Graver keep the imprejjion of any Seal after he hath fold it.
8 if any Alan put out the Eye of another, who had but one, he fall lofe both his own.
His Law concerning thdt,l aertius exprefleth thus i What thou laidji not down, take not up,oiher- wife the punijhment death. ^ jff chines adds, if.
the punifhment was only to pay double the va¬ lue, ofwhom is ’’ A. Gellius and t Hermogencs. '' who affirni, the Law made that diliin^iion be-^ ^^Partit twixt Sacriledge and Theft, punifhing the firh/ej?, 4. with death, the latter with double relfitution.’^ '^Demofihenesde2Lis rhi3,reciting this Law exaft- ly in thefe words, Jf any Man Jieal in the day time above fifty drachms,he may be carried to the elven Officers, if he fieal any thing by night, it fall be lawful for any to kill him, or in the purfuit to wound him,and to cany him to the eleven Officer Si Whofoever is conviS of fuch offences, as are liable to chains, fhall not be capable of giving bail for his theft, but his punijhment fhall be death, and if any one fieal out of the Lyceum,or the Academy, or Cynofarges,a Garment or a f mall veffell ofWmepr arty other thing of little value, or fame veffel out of the Gymnajia, or Havens, he fhallbe punifited with death j but if any Man fhall be conviH prn vately of theft, it fhallbelawfulforhimtopaya double value, and it fhall be alfo at the pie ajure of the ConviUor, befides payment of Alony, to put him in chains five days, and as many nights, Jo as all Men may fee him bound. > Even thole who hole J sM. ArU dung, were hy Solon‘s Law liable to punifhment. 'ad equr
^ That if an Archon were taken drunk, he fhould bepuniJFd with death.
To thofe recited by Laertius, add thefe col¬ lected by others.
He allowed Brothers and Sifiers by the fame La¬ ther to marry, and prohibited only Brothers and Sifiers of the fame venture ; Whereas contrari- wife (laith '^Lhilo) the Lacedsemonian Law¬ giver allowed thefe,and prohibited thofe. Hence ‘ Cornelius Nepos affirms , Cimon married his^^^* ^
Sifter Elpinice, invited, not more by love, than :he Athenian cuftom, which allows to marry a Sifter by the lame Father.
“ He writ according to the manner of the„ j..,. Antients, feverally concerning the difeipline ofom inTi- Matrons, for a Woman taken in Adultery he per- march, mined not to wear ornaments,nor to come into pub¬ lick Templesjefi by her prefence fhe fhould corrupt modefi Women *, if fhe came into a Temple, or ador¬ ned her felf he commanded every one to rend her Garments, to tear off her Ornaments, and to beat her, but not to kill or maim her : By this means ♦ depriving fuch a Woman of all honour, and gi¬ ving her alife more bitter than death. This is al¬ fo confirmed by ^ Demofihenes, who adds. If any"^ Nmam.
Man furprfe an Adulterer, it fhall not be lawful for him who took them to have the Woman in mar- riage, if he continue to keep her as his Wife, let him be infamous.
" Let tJnn dead Body be be laid gut within the " Demoftb. houfe, according as he gave order, and the day fol- lowing before Sun-rife carried forth j whilfi the
fore, the Women follow j it fhall not be laiful for any Woman to enter upon the goods of the dead, and follow the body to the grave, under threefcore years of age, excepting thofe within the degree of cofens, nor fhall any Woman enter upon the goods ff the deceaj'ed after the body is carried forth, ex¬ cepting thofe who are within the degree ofCoJ'ens.
^ Concerning Sepulchers, he laith no more, ^ cker. da than tint no man fhall demolijhthem, or bring any 2.
new thing into them -, andhe fhall be punifhcd,who- foever violates, cafis down,or breaks any tomb,mo^
I nument, or column. ® If
24
SOLO N.
Part. I,
lick orders and lacrifices, in ^ triangular ds
of ftone called cither from * Cyrbus who took the account or every mans eftate, or i-m
TUVTU W^U^/Lum TUf y/^.U(JLAl7}i Ot *7™ '' W
or from th^ Corybcmtes^ to whom the in- vention thereof is hy iome alcribed. Thele were i8. JH[e ordained { according to Children jhould be obliged to perform all due | mdiCyrbes were written after the fame manner t Pynh. H'ipp. offices' to their Parents, f Sextus^ faith he, made a Law of indemnity, whereby he allowed any Man to kill his Son j but Dionyfms Halicar- naffieus affirms, he permitted them to turn their
^ Mtian. vcr. r If any one light upon the dead body of a Man bifl.2. 42. iiia\,uried^ let him throvn earth upon it.
^'vemojl in ^ Whofoever fhall diflike a received Law., let Lipton. him frjl accufe it., then if it be abrogated., fib- ■ • y/zV/z'/e’ The manner whereof is largely exprefled by Demoflhenes.
Dcclam.
3. 24. * Lib.
f /^fehin. in C'tefiph.
* Demoft.Orat. in Timocr.
Children out of doors, and to difenheric them, but nothing more.
f He ordained that all fuch as declined to be engaged in I'Par, or forfook the Army., or was a Coward., fhould have all one punifhment., to be driven out oj the bounds of the Forum, not per¬ mitted to voear a Garland., or to enter into pub- lick Temples.
* If any one be feized on., for having abufed his. Parents, or forfakenhis Colours, or being forbid¬ den by Law, hath gone into places where he ought not, let the eleven officers^ take and bind him, and carry him into the He lijea,it fhall be lawful for any one that will to accufe hint, and if he be oaf, it fhall be at the judgment of the helicea to impofe what Punifhment or Pine they fhould think fit, if a Pine, let him be kept in fetters till it be paid.
» He permitted not a man to fell unguents, as being an effeminate office.
* As concerning Orators, he ordered, tPdXthe Eldefi of the Citizens fhould go up firji into the pleaders chair modeflly without tumult and per¬ turbation to move, he cut of experience Jhould conceive beft for the Common-wealth then that every Citizen according to his age fhould feveral by and in order declare his judgment.
“ He ordered that a Citizen of KxPims -fhould be tried no where but at PMcitm,- -v
w He commanded that no young man fhould bear the office of a Magifirate, nor be admitted to council, though he were ejieemed exceeding wife.
^ For the common people he ordained flow punilhments, for Magiftrates and Rulers of the people fuddain, conceiving thofe migllt be pu¬ nched at any time, but that the correHion of thefe would admit no delay.
* As for the Gods and their Worfhip, he de- .j.. ,y. creed nothing, ^ nor againft Parricides, anfwer ^'cicerl or at. ing thofe who quellioned him about it, he did pro s. Rofe. j2ot think any could be fo wicked.
^ Athenaus. deipn. lib. i $.
* /¥.fchm. in Ctefipb.
“ Liban. clam. 13
» Stob.
de-
112.
* Demofl. in Ariflogit.
* Maxim. Tyr. 39
CHAP. VII.
at
* Plut. f A. Gelt. 2. 1 2
Of the Axes andCyrbes, Senators Oath,and other inftitutions of Solon.
^ *~Y^Hefe Laws he ratified, for a hundred years-.
X They were t carved in different Tables"'". Thofe which concerned private aflions, in ob- EtymoMoh^ quadrangular tables of Wood, with cafes, which reached from the ground and turned about upon a Pin like a Wheel, whence they were fFofc. 8.10. called t placed firft in the Tower, then brought into the Prytanatum, that all might fee them,where there were fome remains of them in • Skid. PlutarcEs, time. Thofe which Concerned » pub-
y rvAAtcwi u.j.kwx Luw xaAAiw j QfiJ
as Oxen to turn in ploughing 0’isey^nJSr whence Demoflhenes calls that law the loweft which beginneth on the left fide.
The Senate took one common oath to make good the laws of Solon for ahundredyears, each of the Thefmetheu fworn in the Forum \t the Criers Stone-Jf he violated them,to dedicate a golden flatiie of equal weight with himfelf at Delphi.
Some particulars of the oath impofed by Solon mention’d by feveral Authors, (as, not to abrogate his Laws, by Plutarch, Xo admit no '
young man to be judge, by % Stobceus to hear im- ® ‘S’iw/s. xi?. partially both the Plaintiff and Defendant, by '' Demoflhenes argue it to be the fame which the fame ' Author delivers in thefe words.
‘ I will declare my opinion according to the ‘
‘ laws of the Athenians, and five hundred Se- " nators. By no affilfance from me fhall Ty- ‘ ranny or Oligarchy be admitted. I will never •
‘ fide with him who hath corrupted the People,
^ intends, or indeavours it. I will never fuffer ‘ any new tables or any divifion of thofe already ‘ received , or a parity of Lands or Goods. I . • ‘will never call home any banifhed or confined ‘ Perfon. I will confent that he be expelled the ‘City, who denies thefe Laws, decreed by the ‘ Senate,^ confirmed by the People I will never ‘ permit any to be injured, I will never con- ‘ftitute any Magiftrate before he hath given ac- ‘ count of his laft Magifiracy. I will never, per- ‘ mit the fame Man to be chofen twice in one ‘ year, or at once to hold two Offices. I will ‘ neither take, nor fuffer any to take Bribes or ‘ rewards. I am thffty years old, I will hear ira- ‘ partially both Plaintiff and Defendant, and ' condemn without excufe thofe that deferve ‘ it. I fwear by Jove, by Neptune and by Ceres,
‘ may they deftroy me, my Houfe and Children,
‘ if I obferve not all thefe particulars. Hence ‘ perhaps it is that Hefyehius affirms, Solon in “ &.?.
‘his Laws to have ordained on oath by three ‘Gods.
Confidering the irregularity of Months, and the courfe of the Moon, which agreed not always with the rifing and fetting of the Sun, but fometimes overtook and went paft him in one day, he called that day the ^ v'uct ffijl and firft, attributing that part which precedes the conjunflion to the laft Month, the reft to the beginning of the next. Thus ' he taught the '
Athenians to accommodate the reckoning of their days to the motion of the Moon t “ and was ( as it ’ appears) the firft who underftood rightly that of Homer.
Laert,
Plut.
When one Month ended and the next began.
The day following he called The new
Moon -, from the twentieth day to the thinierh he reckon’d not by addition but by fubftraflion, in refpeH: of the Moons decreale : for this fee " Arijlophanes. " Tb: clouds.
4./cfn.