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Book II: Chapter XII 


Some of those persons who have written upon government had never any share in public affairs, but always led a private life. Everything worthy of notice in their works we have already spoke to. Others were legislators, some in their own cities, others were employed in regulating the governments of foreign states. Some of them only composed a body of laws; others formed the constitution also, as Lycurgus; and Solon, who did both. The Lacedaemonians have been already mentioned. Some persons think that Solon was an excellent legislator, who could dissolve a pure oligarchy, and save the people from that slavery which hung over them, and establish the ancient democratic form of government in his country; wherein every part of it was so framed as to be well adapted to the whole. In the senate of Areopagus an oligarchy was preserved; by the manner of electing their

[1274a] magistrates, an aristocracy; and in their courts of justice, a democracy.

Solon seems not to have altered the established form of government, either with respect to the senate or the mode of electing their magistrates; but to have raised the people to great consideration in the state by allotting the supreme judicial department to them; and for this some persons blame him, as having done what would soon overturn that balance of power he intended to establish; for by trying all causes whatsoever before the people, who were chosen by lot to determine them, it was necessary to flatter a tyrannical populace who had got this power; which contributed to bring the government to that pure democracy it now is.

Both Ephialtes and Pericles abridged the power of the Areopagites, the latter of whom introduced the method of paying those who attended the courts of justice: and thus every one who aimed at being popular proceeded increasing the power of the people to what we now see it. But it is evident that this was not Solon's intention, but that it arose from accident; for the people being the cause of the naval victory over the Medes, assumed greatly upon it, and enlisted themselves under factious demagogues, although opposed by the better part of the citizens. He thought it indeed most necessary to entrust the people with the choice of their magistrates and the power of calling them to account; for without that they must have been slaves and enemies to the other citizens: but he ordered them to elect those only who were persons of good account and property, either out of those who were worth five hundred medimns, or those who were called xeugitai, or those of the third census, who were called horsemen.

As for those of the fourth, which consisted of mechanics, they were incapable of any office. Zaleucus was the legislator of the Western Locrians, as was Charondas, the Catanean, of his own cities, and those also in Italy and Sicily which belonged to the Calcidians. Some persons endeavour to prove that Onomacritus, the Locrian, was the first person of note who drew up laws; and that he employed himself in that business while he was at Crete, where he continued some time to learn the prophetic art: and they say, that Thales was his companion; and that Lycurgus and Zaleucus were the scholars of Thales, and Charondas of Zaleucus; but those who advance this, advance what is repugnant to chronology. Philolaus also, of the family of the Bacchiades, was a Theban legislator. This man was very fond of Diocles, a victor in the Olympic games, and when he left his country from a disgust at an improper passion which his mother Alithoe had entertained for him, and settled at Thebes, Philolaus followed him, where they both died, and where they still show their tombs placed in view of each other, but so disposed, that one of them looks towards Corinth, the other does not; the reason they give for this is, that Diodes, from his detestation of his mother's passion, would have his tomb so placed that no one could see Corinth from it; but Philolaus chose that it might be seen from his: and this was the cause of their living at Thebes. [1274b]

As Philolaus gave them laws concerning many other things, so did he upon adoption, which they call adoptive laws; and this he in particular did to preserve the number of families. Charondas did nothing new, except in actions for perjury, which he was the first person who took into particular consideration. He also drew up his laws with greater elegance and accuracy than even any of our present legislators. Philolaus introduced the law for the equal distribution of goods; Plato that for the community of women, children, and goods, and also for public tables for the women; and one concerning drunkenness, that they might observe sobriety in their symposiums. He also made a law concerning their warlike exercises; that they should acquire a habit of using both hands alike, as it was necessary that one hand should be as useful as the other.

As for Draco's laws, they were published when the government was already established, and they have nothing particular in them worth mentioning, except their severity on account of the enormity of their punishments. Pittacus was the author of some laws, but never drew up any form of government; one of which was this, that if a drunken man beat any person he should be punished more than if he did it when sober; for as people are more apt to be abusive when drunk than sober, he paid no consideration to the excuse which drunkenness might claim, but regarded only the common benefit. Andromadas Regmus was also a lawgiver to the Thracian talcidians. There are some laws of his concerning murders and heiresses extant, but these contain nothing that any one can say is new and his own. And thus much for different sorts of governments, as well those which really exist as those which different persons have proposed.

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