The history of philosophy, in eight parts by Thomas Stanley.

CHAP. 5.

How he divid••d the people into Classes, and ••rected Courts of Iudicatory.

HEreupon they chose So••on reformer and Law giver of the Commonwealth,* 1.1 not limitting him to any thing, but sub∣mitting all to his power, Magistracies, Convocations, Judge∣ments, Courts to take an accompt of them, to prescribe what number and times he pleased; to disanull or rati••ie of the present law what he thought good.

* 1.2 First, then he quite abolished all the Lawes of Draco, except for murther, because of their rigidnesse and severity, for he pu∣nished almost all offences with death; as that they who were surprised in Idlenesse should be put to death; they who stole hearbs or apples should undergoe the same punishment with such as had committed murther, or sacriledge; whence Demades wittily said, Dreco writt his lawes not in inke, but blood; he being asked why he punished all offences with death, answe∣red, he conceived the leas•• deserved so much, and he knew no more for the greatest;* 1.3 Herodicus ••lluding to his name, said his lawes were not of a man, but of a Dragon, they were so rigid; And Aristotle saith, there was nothing in them extraordinary and worthy of memory, but that sove∣rity and grea••nesse of penalty which was so excessive, that* 1.4 not by any edict or command, but by a silent and expressed consent amongst the Athe∣nians they were laid aside; afterwards they used the milder lawes made by Solon, differing even in name, the first being called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ the latter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.* 1.5 Those of Draco were made in the 39^th Olympiad, 47 yeares (as* 1.6 Vlpian accompts) before these of Solon.

* 1.7 Next, Solon (being desirous that all offices might continue as they were, in the hands of the rich, but that other priviledges of the Common-welth, from which the people were excluded, might be promiscuously disposed,) tooke an accompt and valu∣ation of the people [* 1.8 and divided them into foure orders] those whose stock of dry and liquid fruits amounted to 500. measures he ranked in the first place, and called Pentacosiomedimni, [* 1.9 these paid a talent to the publique treasury.] In the second classe were those who were able to maintaine a horse, or received 300. mea∣sures, these he called [* 1.10 for that reason] horsemen; they paid hal••e a talent. The third classe were Zengitae (* 1.11 so called because) they had 200. measures of both sorts,* 1.12 these paid 10. minae, the rest were all called Th••tes, whom he suffered not to be capable of any Ma∣gistracy, neither did they pay any thing, but onely had so far interest in the common wealth, as to have a suffrage in the publique Convocation, & at Judgements, which at first seemed nothing, but afterwards appeared to be of great consequence;

for in whatsoever was brought before the Judges, he gave them leave (if they would) to appeale to the common forum; more∣over writing his lawes obscurely and perplexedly, he increased the power of the forum, for not being able to determine con∣troversies by the Law, they were forced to have recourse to the Judges, as Masters of the law; this equality he himselfe thus expresseth,

The Commons I sufficient power allow Honour from none I tooke, on none bestowd, Those who in power or wealth the rest outshin'd▪ In bounds of moderation I confin'd; To either part I was a ••irme defence, And neither did allow preheminence.

Hither* 1.13 Seneca alluding saith, Solon founded Athens upon equall right and* 1.14 Justine he carried himselfe with such temper between the com∣mons and the Senate, that he attracted equall favour from both, he suffe∣red no man (saith* 1.15 Aeneus Gazeus) to have a peculiar law, but made all men subject to the same.

* 1.16 He likewise (continues Plutarch) constituted the court of the Areopagus, consisting of the yearely Archons, whereof himselfe (being the chiefe) was one; perceiving the people to be much exalted and enboldened by the remission of their debts, he or∣dained a second Court of Judicature, selecting out of each tribe (which were in all foure) a hundred persons, who should re∣solve upon all decrees before they were reported to the people; nor should any thing be brought to them, untill it had first past the Senate: the supreame Senate he appointed Judge and pre∣server of the lawes, conceiving the City would be lesse apt to float up and downe, and the people become more setled, rely∣ing upon these two Courts, as on two Anchors; thus the greater part of writers make Solon institutor of the Court of Areopagus, (of whom also is* 1.17 Cicero) whichseems to be confirmed, in that Draco never mentions the Areopagites, but in criminall causes alwaies names the Ephetae; but the eighth law of the thirtieth table of Solon hath these words, Those who were branded with infamy before Solon was Archon, let them be restored to their fame, except such as were condemned by the Areopagites or by the Ephetae, &c. And it is certaine, that the Court of Areopagus was long before Solons time, untill then consisting promiscuously of such persons as were eminent for Nobility, power, or riches, but Solon reformed it, ordaining none should be thereof, but such as had first undergone the office of Archon. See Meursius Areop. cap. 3.

* 1.18 Pollux saith, that Solon ordained a thousand men to ••udge all accu∣sations; * 1.19 Demetrius Phalereus, that he constituted the Demarci, first called Nauclari.

Notes

• * 1.1

  Plut.
• * 1.2

  Plut.
• * 1.3

  Arist. Rbe••. 2. 23.
• * 1.4

  Agell. 11. 18.
• * 1.5

  Tetian. Cl••m. Alex. Suid.
• * 1.6

  In demost. Timocr.
• * 1.7

  Plut.
• * 1.8

  ••ollux.
• * 1.9

  Pollux.
• * 1.10

  Pollux.
• * 1.11

  Pollux.
• * 1.12

  Pollux.
• * 1.13

  Epist. 90.
• * 1.14

  Lib. 2.
• * 1.15

  In Theophrast.
• * 1.16

  Plut.
• * 1.17

  De Offic. l. 1.
• * 1.18

  Lib. 8. cap. 6.
• * 1.19

  Schol. Arefloh. in Nub.