Chapter 12

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.

Some writers on government never took part in public affairs but always lived as private citizens. We have already discussed everything worth noting in their works. Others were lawmakers, some in their own cities, while others were employed to organize the governments of foreign states. Some only drew up a set of laws. Others also established a constitution, as Lycurgus did. Solon did both. We have already discussed the Lacedaemonians. Some people consider Solon an excellent lawmaker. They credit him with dismantling a pure oligarchy and saving the people from the slavery that threatened them. They also credit him with establishing the ancient democratic form of government in his country. In this government, every part was designed to fit the whole. The council of Areopagus preserved an oligarchy. The method of electing their [1274a] magistrates preserved an aristocracy, and the courts of justice preserved 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.

Solon seems not to have changed the established form of government, either the senate or how magistrates were elected. But he seems to have greatly increased the people’s importance in the state by giving them supreme judicial authority. Some people blame him for this, arguing that his action would soon overturn the balance of power he intended to establish. For all cases were tried before the people, with judges chosen by lot. This made it necessary to flatter a tyrannical populace that had gained this power. This need to flatter the people helped turn the government into the pure democracy it is now.

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.

Both Ephialtes and Pericles reduced the power of the Areopagites. Pericles also introduced payment for those who attended the courts of justice. Thus everyone seeking popularity kept increasing the people's power until it reached the level we see today. But clearly Solon did not intend this growth in popular power. Instead, it came about by accident. Because the people had brought about the naval victory over the Medes, they became greatly emboldened. They joined the factions led by demagogues, although the better citizens opposed them. Solon thought it essential to give the people the right to choose their magistrates and hold them accountable. Without these rights, the people would have been slaves and enemies of the other citizens. But he required them to elect only men of good standing and property. These men could come from those whose property yielded five hundred medimns, those called xeugitai, or the third property class, 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]

Members of the fourth class, made up of artisans, were not eligible to hold any public office. Zaleucus was the lawgiver of the Western Locrians. Charondas, the Catanean, made laws for his own cities and the Chalcidian cities in Italy and Sicily. Some people try to prove that Onomacritus, the Locrian, was the first notable person to draw up laws. They claim that he worked on these laws in Crete, where he spent some time learning the art of prophecy. They also say that Thales was his companion, that Lycurgus and Zaleucus studied under Thales, and Charondas under Zaleucus. But these claims contradict the chronology. Philolaus, of the family of the Bacchiades, was also a lawgiver at Thebes. He was deeply attached to Diocles, a victor in the Olympic games. Diocles left his country in disgust at the improper desire his mother Alithoe felt for him, and settled at Thebes. Philolaus followed him there. Both men died at Thebes, where their tombs are still shown, within sight of each other. But the tombs are positioned so that one faces Corinth and the other does not. The explanation given is that Diodes detested his mother's desire for him. He therefore wanted his tomb placed so that Corinth could not be seen from it. But Philolaus chose a position from which Corinth could be seen. These circumstances were the reason the two men lived 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.

Just as Philolaus gave them laws on many other matters, he also gave them laws on adoption, called adoptive laws. His particular purpose in making these laws was to preserve the number of families. Charondas introduced nothing new except legal actions for perjury, which he was the first to consider in detail. He also wrote his laws with greater elegance and precision than any of our present lawmakers. Philolaus introduced the law requiring an equal distribution of property. Plato introduced laws for sharing women, children, and property in common, and for communal meals for women. Plato also introduced a law on drunkenness so that people would remain sober at their drinking parties. He also made a law about military training, requiring people to become equally skilled at using both hands. This was because one hand needed to 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.

Draco's laws were published when the government was already established. They contain nothing especially worth mentioning except their severity, because of their extremely harsh punishments. Pittacus wrote some laws but never devised a form of government. One law required a drunken man who beat someone to receive a greater punishment than if he had been sober. People are more likely to be abusive when drunk than when sober. For this reason, Pittacus gave no weight to drunkenness as an excuse and considered only the common good. Andromadas Regmus was also a lawgiver to the Thracian talcidians. Some of his laws concerning murders and heiresses survive, but none can be called new and original to him. This concludes our discussion of different forms of government, both those that actually exist and those that various people have proposed.