Athens: Its Rise and Fall, Complete

XV. Recapitulating the heads of that complex constitution I have thus detailed, the reader will perceive that the legislative power rested in three assemblies—the Areopagus, the Council, and the Assembly of the People—that the first, notwithstanding its solemn dignity and vast authority, seldom interfered in the active, popular, and daily politics of the state—that the second originated laws, which the third was the great Court of Appeal to sanction or reject. The great improvement of modern times has been to consolidate the two latter courts in one, and to unite in a representative senate the sagacity of a deliberative council with the interests of a popular assembly;—the more closely we blend these objects, the more perfectly, perhaps, we attain, by the means of wisdom, the ends of liberty.

XVI. But although in a senate composed by the determinations of chance, and an assembly which from its numbers must ever have been exposed to the agitation of eloquence and the caprices of passion, there was inevitably a crude and imperfect principle,—although two courts containing in themselves the soul and element of contradiction necessarily wanted that concentrated oneness of purpose propitious to the regular and majestic calmness of legislation, we cannot but allow the main theory of the system to have been precisely that most favourable to the prodigal exuberance of energy, of intellect, and of genius. Summoned to consultation upon all matters, from the greatest to the least, the most venerable to the most trite—to-day deciding on the number of their war-ships, to-morrow on that of a tragic chorus; now examining with jealous forethought the new harriers to oligarchical ambition;—now appointing, with nice distinction, to various service the various combinations of music 220;—now welcoming in their forum-senate the sober ambassadors of Lacedaemon or the jewelled heralds of Persia, now voting their sanction to new temples or the reverent reforms of worship; compelled to a lively and unceasing interest in all that arouses the mind, or elevates the passions, or refines the taste;—supreme arbiters of the art of the sculptor, as the science of the lawgiver,—judges and rewarders of the limner and the poet, as of the successful negotiator or the prosperous soldier; we see at once the all-accomplished, all-versatile genius of the nation, and we behold in the same glance the effect and the cause:—every thing being referred to the people, the people learned of every thing to judge. Their genius was artificially forced, and in each of its capacities. They had no need of formal education. Their whole life was one school. The very faults of their assembly, in its proneness to be seduced by extraordinary eloquence, aroused the emulation of the orator, and kept constantly awake the imagination of the audience. An Athenian was, by the necessity of birth, what Milton dreamed that man could only become by the labours of completest education: in peace a legislator, in war a soldier,—in all times, on all occasions, acute to judge and resolute to act. All that can inspire the thought or delight the leisure were for the people. Theirs were the portico and the school—theirs the theatre, the gardens, and the baths; they were not, as in Sparta, the tools of the state—they were the state! Lycurgus made machines and Solon men. In Sparta the machine was to be wound up by the tyranny of a fixed principle; it could not dine as it pleased—it could not walk as it pleased—it was not permitted to seek its she machine save by stealth and in the dark; its children were not its own—even itself had no property in self. Sparta incorporated, under the name of freedom, the worst complexities, the most grievous and the most frivolous vexations, of slavery. And therefore was it that Lacedaemon flourished and decayed, bequeathing to fame men only noted for hardy valour, fanatical patriotism, and profound but dishonourable craft— attracting, indeed, the wonder of the world, but advancing no claim to its gratitude, and contributing no single addition to its intellectual stores. But in Athens the true blessing of freedom was rightly placed—in the opinions and the soul. Thought was the common heritage which every man might cultivate at his will. This unshackled liberty had its convulsions and its excesses, but producing unceasing emulation and unbounded competition, an incentive to every effort, a tribunal to every claim, it broke into philosophy with the one—into poetry with the other—into the energy and splendour of unexampled intelligence with all. Looking round us at this hour, more than four-and-twenty centuries after the establishment of the constitution we have just surveyed,—in the labours of the student—in the dreams of the poet—in the aspirations of the artist—in the philosophy of the legislator—we yet behold the imperishable blessings we derive from the liberties of Athens and the institutions of Solon. The life of Athens became extinct, but her soul transfused itself, immortal and immortalizing, through the world.

XVII. The penal code of Solon was founded on principles wholly opposite to those of Draco. The scale of punishment was moderate, though sufficiently severe. One distinction will suffice to give us an adequate notion of its gradations. Theft by day was not a capital offence, but if perpetrated by night the felon might lawfully be slain by the owner. The tendency to lean to the side of mercy in all cases may be perceived from this—that if the suffrages of the judges were evenly divided, it was the custom in all the courts of Athens to acquit the accused. The punishment of death was rare; that of atimia supplied its place. Of the different degrees of atimia it is not my purpose to speak at present. By one degree, however, the offender was merely suspended from some privilege of freedom enjoyed by the citizens generally, or condemned to a pecuniary fine; the second degree allowed the confiscation of goods; the third for ever deprived the criminal and his posterity of the rights of a citizen: this last was the award only of aggravated offences. Perpetual exile was a sentence never passed but upon state criminals. The infliction of fines, which became productive of great abuse in later times, was moderately apportioned to offences in the time of Solon, partly from the high price of money, but partly, also, from the wise moderation of the lawgiver. The last grave penalty of death was of various kinds, as the cross, the gibbet, the precipice, the bowl—afflictions seldom in reserve for the freemen.

As the principle of shame was a main instrument of the penal code of the Athenians, so they endeavoured to attain the same object by the sublimer motive of honour. Upon the even balance of rewards that stimulate, and penalties that deter, Solon and his earlier successors conceived the virtue of the commonwealth to rest. A crown presented by the senate or the people—a public banquet in the hall of state— the erection of a statue in the thoroughfares (long a most rare distinction)—the privilege of precedence in the theatre or assembly— were honours constantly before the eyes of the young and the hopes of the ambitious. The sentiment of honour thus became a guiding principle of the legislation, and a large component of the character of the Athenians.

XVIII. Judicial proceedings, whether as instituted by Solon or as corrupted by his successors, were exposed to some grave and vital evils hereafter to be noticed. At present I content myself with observing, that Solon carried into the judicial the principles, of his legislative courts. It was his theory, that all the citizens should be trained to take an interest in state. Every year a body of six thousand citizens was chosen by lot; no qualification save that of being thirty years of age was demanded in this election. The body thus chosen, called Heliaea, was subdivided into smaller courts, before which all offences, but especially political ones, might be tried. Ordinary cases were probably left by Solon to the ordinary magistrates; but it was not long before the popular jurors drew to themselves the final trial and judgment of all causes. This judicial power was even greater than the legislative; for if an act had passed through all the legislative forms, and was, within a year of the date, found inconsistent with the constitution or public interests, the popular courts could repeal the act and punish its author. In Athens there were no professional lawyers; the law being supposed the common interest of citizens, every encouragement was given to the prosecutor —every facility to the obtaining of justice.

Solon appears to have recognised the sound principle, that the strength of law is in the public disposition to cherish and revere it,—and that nothing is more calculated to make permanent the general spirit of a constitution than to render its details flexile and open to reform. Accordingly, he subjected his laws to the vigilance of regular and constant revision. Once a year, proposals for altering any existent law might be made by any citizen—were debated—and, if approved, referred to a legislative committee, drawn by lot from the jurors. The committee then sat in judgment on the law; five advocates were appointed to plead for the old law; if unsuccessful, the new law came at once into operation. In addition to this precaution, six of the nine archons (called Thesmothetae), whose office rendered them experienced in the defects of the law, were authorized to review the whole code, and to refer to the legislative committee the consideration of any errors or inconsistencies that might require amendment. 221

XIX. With respect to the education of youth, the wise Athenian did not proceed upon the principles which in Sparta attempted to transfer to the state the dearest privileges of a parent. From the age of sixteen to eighteen (and earlier in the case of orphans) the law, indeed, seems to have considered that the state had a right to prepare its citizens for its service; and the youth was obliged to attend public gymnastic schools, in which, to much physical, some intellectual, discipline was added, under masters publicly nominated. But from the very circumstance of compulsory education at that age, and the absence of it in childhood, we may suppose that there had already grown up in Athens a moral obligation and a general custom, to prepare the youth of the state for the national schools.

Besides the free citizens, there were two subordinate classes—the aliens and the slaves. By the first are meant those composed of settlers, who had not relinquished connexion with their native countries. These, as universally in Greece, were widely distinguished from the citizens; they paid a small annual sum for the protection of the state, and each became a kind of client to some individual citizen, who appeared for him in the courts of justice. They were also forbidden to purchase land; but for the rest, Solon, himself a merchant, appears to have given to such aliens encouragements in trade and manufacture not usual in that age; and most of their disabilities were probably rather moral or imaginary than real and daily causes of grievance. The great and paramount distinction was between the freeman and the slave. No slave could be admitted as a witness, except by torture; as for him there was no voice in the state, so for him there was no tenderness in the law. But though the slave might not avenge himself on the master, the system of slavery avenged itself on the state. The advantages to the intellect of the free citizens resulting from the existence of a class maintained to relieve them from the drudgeries of life, were dearly purchased by the constant insecurity of their political repose. The capital of the rich could never be directed to the most productive of all channels—the labour of free competition. The noble did not employ citizens—he purchased slaves. Thus the commonwealth derived the least possible advantage from his wealth; it did not flow through the heart of the republic, employing the idle and feeding the poor. As a necessary consequence, the inequalities of fortune were sternly visible and deeply felt. The rich man had no connexion with the poor man—the poor man hated him for a wealth of which he did not (as in states where slavery does not exist) share the blessings—purchasing by labour the advantages of fortune. Hence the distinction of classes defied the harmonizing effects of popular legislation. The rich were exposed to unjust and constant exactions; and society was ever liable to be disorganized by attacks upon property. There was an eternal struggle between the jealousies of the populace and the fears of the wealthy; and many of the disorders which modern historians inconsiderately ascribe to the institutions of freedom were in reality the growth of the existence of slavery.

CHAPTER II

The Departure of Solon from Athens.—The Rise of Pisistratus.—Return of Solon.—His Conduct and Death.—The Second and Third Tyranny of Pisistratus.—Capture of Sigeum.—Colony in the Chersonesus founded by the first Miltiades.—Death of Pisistratus.

I. Although the great constitutional reforms of Solon were no doubt carried into effect during his archonship, yet several of his legislative and judicial enactments were probably the work of years. When we consider the many interests to conciliate, the many prejudices to overcome, which in all popular states cripple and delay the progress of change in its several details, we find little difficulty in supposing, with one of the most luminous of modern scholars 222, that Solon had ample occupation for twenty years after the date of his archonship. During this period little occurred in the foreign affairs of Athens save the prosperous termination of the Cirrhaean war, as before recorded. At home the new constitution gradually took root, although often menaced and sometimes shaken by the storms of party and the general desire for further innovation.

The eternal consequence of popular change is, that while it irritates the party that loses power, it cannot content the party that gains. It is obvious that each concession to the people but renders them better able to demand concessions more important. The theories of some—the demands of others—harassed the lawgiver, and threatened the safety of the laws. Solon, at length, was induced to believe that his ordinances required the sanction and repose of time, and that absence —that moral death—would not only free himself from importunity, but his infant institutions from the frivolous disposition of change. In his earlier years he had repaired, by commercial pursuits, estates that had been empoverished by the munificence of his father; and, still cultivating the same resources, he made pretence of his vocation to solicit permission for an absence of ten years. He is said to have obtained a solemn promise from the people to alter none of his institutions during that period 223; and thus he departed from the city (probably B. C. 575), of whose future glories he had laid the solid foundation. Attracted by his philosophical habits to that solemn land, beneath whose mysteries the credulous Greeks revered the secrets of existent wisdom, the still adventurous Athenian repaired to the cities of the Nile, and fed the passion of speculative inquiry from the learning of the Egyptian priests. Departing thence to Cyprus, he assisted, as his own verses assure us, in the planning of a new city, founded by one of the kings of that beautiful island, and afterward invited to the court of Croesus (associated with his father Alyattes, then living), he imparted to the Lydian, amid the splendours of state and the adulation of slaves, that well-known lesson on the uncertainty of human grandeur, which, according to Herodotus, Croesus so seasonably remembered at the funeral pile. 224

II. However prudent had appeared to Solon his absence from Athens, it is to be lamented that he did not rather brave the hazards from which his genius might have saved the state, than incur those which the very removal of a master-spirit was certain to occasion. We may bind men not to change laws, but we cannot bind the spirit and the opinion, from which laws alone derive cogency or value. We may guard against the innovations of a multitude, which a wise statesman sees afar off, and may direct to great ends; but we cannot guard against that dangerous accident—not to be foreseen, not to be directed—the ambition of a man of genius! During the absence of Solon there rose into eminence one of those remarkable persons who give to vicious designs all the attraction of individual virtues. Bold, generous, affable, eloquent, endowed with every gift of nature and fortune— kinsman to Solon, but of greater wealth and more dazzling qualities— the young Pisistratus, son of Hippocrates, early connected himself with the democratic or highland party. The Megarians, who had never relinquished their designs on Salamis, had taken an opportunity, apparently before the travels, and, according to Plutarch, even before the legislation of Solon, to repossess themselves of the island. When the Athenians were enabled to extend their energies beyond their own great domestic revolution, Pisistratus obtained the command of an expedition against these dangerous neighbours, which was attended with the most signal success. A stratagem referred to Solon by Plutarch, who has with so contagious an inaccuracy blended into one the two several and distinct expeditions of Pisistratus and Solon, ought rather to be placed to the doubtful glory of the son of Hippocrates 225. A number of young men sailed with Pisistratus to Colias, and taking the dress of women, whom they there seized while sacrificing to Ceres, a spy was despatched to Salamis, to inform the Megarian guard that many of the principal Athenian matrons were at Colias, and might be easily captured. The Megarians were decoyed, despatched a body of men to the opposite shore, and beholding a group in women’s attire dancing by the strand, landed confusedly to seize the prize. The pretended females drew forth their concealed weapons, and the Megarians, surprised and dismayed, were cut off to a man. The victors lost no time in setting sail for Salamis, and easily regained the isle. Pisistratus carried the war into Megara itself, and captured the port of Nisaea. These exploits were the foundation of his after greatness; and yet young, at the return of Solon, he was already at the head of the democratic party. But neither his rank, his genius, nor his popular influence sufficed to give to his faction a decided eminence over those of his rivals. The wealthy nobles of the lowlands were led by Lycurgus—the moderate party of the coastmen by Megacles, the head of the Alcmaeonidae. And it was in the midst, of the strife and agitation produced by these great sections of the people that Solon returned to Athens.

III. The venerable legislator was received with all the grateful respect he deserved; but age had dimmed the brilliancy of his powers. His voice could no longer penetrate the mighty crowds of the market-place. New idols had sprung up—new passions were loosed—new interests formed, and amid the roar and stir of the eternal movement, it was in vain for the high-hearted old man to recall those rushing on the future to the boundaries of the past. If unsuccessful in public, he was not discouraged from applying in private to the leaders of the several parties. Of all those rival nobles, none deferred to his advice with so marked a respect as the smooth and plausible Pisistratus. Perhaps, indeed, that remarkable man contemplated the same objects as Solon himself,—although the one desired to effect by the authority of the chief, the order and the energy which the other would have trusted to the development of the people. But, masking his more interested designs, Pisistratus outbid all competition in his seeming zeal for the public welfare. The softness of his manners—his profuse liberality—his generosity even to his foes—the splendid qualities which induced Cicero to compare him to Julius Cesar 226, charmed the imagination of the multitude, and concealed the selfishness of his views. He was not a hypocrite, indeed, as to his virtues—a dissembler only in his ambition. Even Solon, in endeavouring to inspire him with a true patriotism, acknowledged his talents and his excellences. “But for ambition,” said he, “Athens possesses no citizen worthier than Pisistratus.” The time became ripe for the aspiring projects of the chief of the democracy.

IV. The customary crowd was swarming in the market-place, when suddenly in the midst of the assembly appeared the chariot of Pisistratus. The mules were bleeding—Pisistratus himself was wounded. In this condition the demagogue harangued the people. He declared that he had just escaped from the enemies of himself and the popular party, who (under the auspices of the Alcmaeonidae) had attacked him in a country excursion. He reminded the crowd of his services in war—his valour against the Megarians—his conquest of Nisaea. He implored their protection. Indignant and inflamed, the favouring audience shouted their sympathy with his wrongs. “Son of Hippocrates,” said Solon, advancing to the spot, and with bitter wit, “you are but a bad imitator of Ulysses. He wounded himself to delude his enemies—you to deceive your countrymen.” 227 The sagacity of the reproach was unheeded by the crowd. A special assembly of the people was convened, and a partisan of the demagogue moved that a body-guard of fifty men, armed but with clubs, should be assigned to his protection. Despite the infirmities of his age, and the decrease of his popular authority, Solon had the energy to oppose the motion, and predict its results. The credulous love of the people swept away all precaution—the guard was granted. Its number did not long continue stationary; Pisistratus artfully increased the amount, till it swelled to the force required by his designs. He then seized the citadel—the antagonist faction of Megacles fled—and Pisistratus was master of Athens. Amid the confusion and tumult of the city, Solon retained his native courage. He appeared in public—harangued the citizens—upbraided their blindness—invoked their courage. In his speeches he bade them remember that if it be the more easy task to prevent tyranny, it is the more glorious achievement to destroy it. In his verses 228 he poured forth the indignant sentiment which a thousand later bards have borrowed and enlarged; “Blame not Heaven for your tyrants, blame yourselves.” The fears of some, the indifference of others, rendered his exhortations fruitless! The brave old man sorrowfully retreated to his house, hung up his weapons without his door, and consoled himself with the melancholy boast that “he had done all to save his country, and its laws.” This was his last public effort against the usurper. He disdained flight; and, asked by his friends to what he trusted for safety from the wrath of the victor, replied, “To old age,”—a sad reflection, that so great a man should find in infirmity that shelter which he claimed from glory.

V. The remaining days and the latter conduct of Solon are involved in obscurity. According to Plutarch, he continued at Athens, Pisistratus showing him the utmost respect, and listening to the counsel which Solon condescended to bestow upon him: according to Diogenes Laertius, he departed again from his native city 229, indignant at its submission, and hopeless of its freedom, refusing all overtures from Pisistratus, and alleging that, having established a free government, he would not appear to sanction the success of a tyrant. Either account is sufficiently probable. The wisdom of Solon might consent to mitigate what he could not cure, or his patriotism might urge him to avoid witnessing the changes he had no power to prevent. The dispute is of little importance. At his advanced age he could not have long survived the usurpation of Pisistratus, nor can we find any authority for the date of his death so entitled to credit as that of Phanias, who assigns it to the year following the usurpation of Pisistratus. The bright race was already run. According to the grave authority of Aristotle, the ashes of Solon were scattered over the Isle of Salamis, which had been the scene of his earlier triumphs; and Athens, retaining his immortal, boasted not his perishable remains.

VI. Pisistratus directed with admirable moderation the courses of the revolution he had produced. Many causes of success were combined in his favour. His enemies had been the supposed enemies of the people, and the multitude doubtless beheld the flight of the Alcmaeonidae (still odious in their eyes by the massacre of Cylon) as the defeat of a foe, while the triumph of the popular chief was recognised as the victory of the people. In all revolutions the man who has sided with the people is permitted by the people the greatest extent of license. It is easy to perceive, by the general desire which the Athenians had expressed for the elevation of Solon to the supreme authority that the notion of regal authority was not yet hateful to them, and that they were scarcely prepared for the liberties with which they were intrusted. But although they submitted thus patiently to the ascendency of Pisistratus, it is evident that a less benevolent or less artful tyrant would not have been equally successful. Raised above the law, that subtle genius governed only by the law; nay, he affected to consider its authority greater than his own. He assumed no title—no attribute of sovereignty. He was accused of murder, and he humbly appeared before the tribunal of the Areopagus—a proof not more of the moderation of the usurper than of the influence of public opinion. He enforced the laws of Solon, and compelled the unruly tempers of his faction to subscribe to their wholesome rigour. The one revolution did not, therefore, supplant, it confirmed, the other. “By these means,” says Herodotus, “Pisistratus mastered Athens, and yet his situation was far from secure.” 230