Читать книгу The History of Greece from Its Earliest Beginnings to the Hellenistic Age - John Bagnell Bury - Страница 41
SECT. 4. THE LEGISLATION OF SOLON AND THE FOUNDATION OF DEMOCRACY
ОглавлениеDracon’s code was something, but it did not touch the root of the evil. Every year the oppressiveness of the rich few and the impoverishment of the small farmer were increasing. Without capital, and obliged to borrow money, the small proprietors mortgaged their lands, which fell into the hands of capitalists, who lent money at ruinous interest. It must be remembered that money was still very scarce, and that the peasants had now to purchase all their needs in coin. Even in Attica the small peasant could not cope with the larger proprietor. Thus the little farms of Attica were covered with stones, on which the mortgage bonds were written; the large estates grew apace; the black earth, as Solon said, was enslaved.
The condition of the free labourers was even more deplorable. The sixth part of the produce, which was their wage, no longer sufficed, under the new economical conditions, to support life, and they were forced into borrowing from their masters. The interest was high, the laws of debt were ruthless, and the person of the borrower was the pledge of repayment and forfeited to the lender in case of inability to pay. The result was that the class of free labourers was being gradually transformed into a class of slaves, whom their lords could sell when they chose.
Thus while the wealthy few were becoming wealthier and greedier, the small proprietors were becoming landless, and the landless freemen were becoming slaves. And the evil was aggravated by unjust judgments, and the perversion of law in favour of the rich and powerful. The social disease seemed likely to culminate in a political revolution. The people were bitter against their remorseless oppressors, and only wanted a leader to rebel. To any student of contemporary politics, observing the development in other states, a tyranny would have seemed the most probable solution. A tyranny had already, once at least, and probably more than once, been averted; and now, as it happened, the masses obtained a mediator, not a demagogue, a reform, not a revolution. The tyranny, though it was ultimately to come, was postponed for more than thirty years. The mediator in the civil strife was Solon, the son of Execestides, a noble connected with the house of the Medontids. He was a merchant, and belonged to the wealthiest class in the state. But he was very different from the Attic Eupatrids, rustic squires, of old fashions and narrow vision. We may guess that he had not been a home-keeping youth, but had visited the eastern coasts of the Aegean, whither mercantile concerns might have taken him. At all events, he had learned much from progressive Ionia. He had imbued himself with Ionic literature, and had mastered the art of writing verse in the Ionic idiom; so that he could himself take part in the intellectual movement of the day and become one of the sages of Greece. He was a poet, not because he was poetically inspired, like the Parian Archilochus of an earlier, or the Lesbian Sappho of his own, generation; but because at that time every man of letters was a poet; there was no prose literature. A hundred years later Solon would have used prose as the vehicle of his thoughts. His moderate temper made him generally popular; his knowledge gave him authority; and his countrymen called upon him, at last, to set their house in order. We are fortunate enough to possess portions of poems—political pamphlets—which he published for the purpose of guiding public opinion; and thus we have his view of the situation in his own words. He did not scruple to speak plainly. The social abuses and the sad state of the masses were clear to everybody, but Solon saw another side of the question; and he had no sympathy with the extreme revolutionary agitators who demanded a redistribution of lands. The more moderate of the nobles seem to have seen the danger and the urgent need of a new order of things; and thus it came to pass that Solon was solicited to undertake the work of reform. He definitely undertook the task and was elected archon, with extraordinary legislative powers, for the purpose of healing the evils of the state, and conciliating the classes.
Instead of making the usual declaration of the chief magistrate, that he would protect the property of all men undiminished, he made proclamation that all mortgages and debts by which the debtor’s person was pledged were annulled, and that all those who had become slaves for debt were free. By this proclamation in that summer, memorable for the rescue of hundreds of poor wretches into liberty and hope, the Athenians “shook off their burdens”, and this first act of Solon’s social reform was called the Seisachtheia. The great deliverance was celebrated by a public feast.
The character of the remedial measures of Solon is imperfectly known. After the cancelling of old debts he passed a law which forbade debtors to be enslaved. He fixed a limit for the measure of land which could be owned by a single person, so as to prevent the growth of dangerously large estates. And he forbade the exportations of Attic products, except oil. For it had been found that so much corn was carried to foreign markets, where the prices were higher, that an insufficient supply remained for the population of Attica. It is to be observed that at this time the Athenians had not yet begun to import Pontic corn.
All these measures hit the rich hard, and created discontent with the reformer; while, on the other hand, he was far from satisfying the desires and hopes of the masses. He would not confiscate and redistribute the estates of the wealthy, as many wished. And, though he rescued the free labourer from bondage, he made no change in the Sixth-part system, so that the condition of these landless freemen was improved only in so far as they could not be enslaved, and in so far as the law limiting exportation affected prices. And Solon was too discreet to attempt to interfere seriously with the conditions of the money market by artificial restrictions. He fixed no maximum rate of interest, and his monetary reforms must be kept strictly apart from his social reforms. He replaced the Aeginetan scale of weights and measures by a scale which was very close to the Euboeic, and he made a corresponding change in the coinage. The weight of the mina was increased in such a way that 70 of the new drachmae were equivalent in value to 100 Aeginetan drachmae. This change is to be brought into connexion, not with the domestic reform, but with the foreign policy of Athens, to which new prospects were opening. The old coinage attached her to Aegina, with which her relations were strained, and to her foe Megara; the new system seemed to invite her into the distant fields beyond the sea, where Chalcis and Corinth had led the way in opening up a new world. For the scale of the Corinthian money was the same as the Euboeic.
What Solon did to heal the social sores of his country entitled him to the most fervent gratitude, but it was no more than might have been done by any able and honest statesman who possessed men’s confidence. His title to fame as one of the great statesmen of Europe rests upon his reform of the constitution. He discovered a secret of democracy, and he used his discovery to build up the constitution on democratic foundations. The Athenian commonwealth did not actually become a democracy till many years later; but Solon not only laid the foundations, he shaped the framework. At first sight, indeed, the state as he reformed it might seem little more than an aristocracy of wealth—a timocracy—with certain democratic tendencies. He retained the old graduation of the people in classes according to property. But he added the Thêtes as a fourth class, and gave it certain political rights. On the three higher classes devolved the public burdens, and they served as cavalry or as hoplites. The Thetes were employed as light-armed troops or as marines. It is probable that Solon made little or no change in regard to the offices which were open to each class. Pentacosiomedimni were alone eligible to the archonship, and for them alone was reserved the financial office of Treasurer of Athena. Other offices were open to the Hippos and the Zeugitae, but the distinction in privilege between them is unknown. The Thetes were not eligible to any of the offices of state, but they were admitted to take part jn the meetings of the Ecclesia, and this gave them a voice in the election of the magistrates.
The opening of the Assembly to the lowest class was indeed an important step in the democratic direction; but it may have been only the end of a gradual process of widening, which had been going on under the aristocracy. The radical measure of Solon, which was the very corner-stone of the Athenian democracy, was his constitution of the courts of justice. He composed the law-courts out of all the citizens, including the Thetes; and as the panels of judges were enrolled by lot, the poorest burgher might have his turn. Any magistrate on laying down his office could be accused before the people in these courts; and thus the institution of the popular courts invested the people with a supreme control over the administration. The people, sitting in sections as sworn judges, were called the Heliaea,—as distinguished from the Ecclesia, in which they gathered to pass laws or choose magistrates, but were required to take no oath. Having in its hands both the appointment of the magistrates and the control of their conduct, the people possessed theoretically the sovereignty of the state; and the meting out of more privileges to the less wealthy classes could be merely a matter of time. At first the archons were not deprived of their judicial powers, and the heliaea acted as a court of appeal; but by degrees the competence of the archons was reduced to the conduct of the proceedings preliminary to a trial, and the heliaea became both the first and the final court.
The constitution of the judicial courts out of the whole people was the secret of democracy which Solon discovered. It is his title to fame in the history of the growth of popular government in Europe. Without ignoring the tendencies to a democratic development which existed before him, and without, on the other hand, disguising the privileges which he reserved to the upper classes, we can hardly hesitate to regard Solon as the founder of the Athenian democracy. It must indeed be confessed that there is much in the scope and intention of his constitution which it is difficult to appreciate, because we know so little of the older constitution which he reformed. Thus we have no definite record touching the composition of the Council of the Areopagus, touching its functions as a deliberate body and its relations to the Assembly, or touching the composition of the Assembly itself. We can, however, have little doubt that under the older commonwealth the Council of Elders exerted a preponderant influence over the Assembly, and that the business submitted to the Assembly, whether by the magistrates or in whatever way introduced, was previously discussed and settled by the Council. The founder of popular government could not leave this hinge of the aristocratic republic as it was. He must either totally change the character of the Council and transform it into a popular body, or he must deprive it of its deliberative functions in regard to the Assembly. Solon deprived the Council of Elders of these deliberative functions, so that it could no longer take any direct part in administration and legislation. But on the other hand he assigned to it a new and lofty rôle. He constituted it the protector of the constitution, and the guardian of the laws, giving it wide and undefined powers of control over the magistrates, and a censorial authority over the citizens. Its judicial and religious functions it retained. In order to bring it into harmony with the rest of his constitution, Solon seems to have altered the composition of the Council. Henceforward, at least, the nine archons at the end of their year of office became life-members of the Council of the Areopagus; and this was the manner in which the Council was recruited. Thus the Areopagites were virtually appointed by the people in the Assembly.
Having removed the Council of the Areopagus to this place of dignity, above and almost outside the constitution, Solon was obliged to create a new body to prepare the business for the Assembly. Such a body was indispensable, as the Greeks always recognised; and it is clear that in its absence enormous powers would have been placed in the hands of the magistrates, on whom the manipulation of the Assembly would have entirely devolved. The probuleutic” Council which Solon instituted consisted of four hundred members; a hundred being taken from each of the four tribes, either chosen by the tribe itself or, more probably, picked by lot. All citizens of the three higher classes were eligible; the Thetes alone were excluded. In later days this Council—or rather a new Council which took its place—gained a large number of important powers, which made it to all intents an independent body in the state, but at first its functions seem to have been purely “probuleutic”, and it has therefore rather the aspect of being merely a part of the organisation of the Assembly. It must always be remembered that it does not represent the Council of Elders of the Aryan foreworld; it does not correspond to the Gerusia of Sparta or the Senate of Rome. But it takes over certain functions which had before formed part of the duty of the Council of elders; it discusses beforehand the public matters which are to be submitted to the Assembly.
The use of lot for the purpose of appointing public officers was a feature of Solon’s reforms. According to men’s ideas in those days, lot committed the decision to the gods, and was thus a serious method of procedure—not a sign of political levity, as we should regard it now. But a device which superstition suggested was approved by the reflexions of philosophical statesmen; and lot was recognised as a valuable political engine for security against undue influence and for the protection of minorities. It was doubtless as a security against the undue influence of clans and parties that Solon used it. He applied it to the appointment of the chief magistrates themselves. But, religious though he was, he could not be blind to the danger of taking no human precautions against the falling of the lot upon an incompetent candidate. He therefore mixed the two devices of lot and election. Forty candidates were elected, ten from each tribe, by the voice of their tribesmen; and out of these the nine archons were picked by lot. It is probable that a similar mixed method was employed in the choice of the Four Hundred Councillors.
Solon sought to keep the political balance steady by securing that each of the four tribes should have an equal share in the government. He could hardly have done otherwise, and yet here we touch on the weak point in the fabric of his constitution. The gravest danger ahead was in truth not the strife of poor and rich, of noble lord and man of the people, but the deep-rooted and bitter jealousies which existed between many of the clans. While the clan had the tribe behind it and the tribe possessed political weight, such feuds might at any moment cause a civil war or a revolution. But it was reserved for a future lawgiver to grapple with this problem. Solon assuredly saw it, but he had no solution ready to hand; and the evil was closely connected with another evil, the local parties which divided Attica. For these dangers Solon offered no remedy, and therefore his work, though abiding in the highest sense, did not supply a final or even a brief pacification of the warring elements in the state. He is said to have passed a law—so clumsy, so difficult to render effective, that it is hard to believe that such an enactment was ever made—that in the case of a party struggle every burgher must take a side under pain of losing his civic rights. Solon, if he was indeed the author of such a measure, sought to avert the possible issues of political strife by forcing the best citizens to intervene; it was a safeguard, a clumsy safeguard, against the danger of a tyranny.
It is interesting to observe that in some directions Solon extended and in others restricted the freedom of the individual. He restricted it by sumptuary laws and severe penalties for idleness; he extended it by an enactment allowing a man who had no heirs of his body to will his property as he liked, instead of its going to the next of kin. One of Solon’s first acts was to repeal all the legislation of Dracon, except the laws relating to manslaughter. His own laws were inscribed on wooden tables set in revolving frames called axŏnes, which were numbered, and the laws were quoted by the number of the axon. These tablets were kept in the Public hall. But copies were made on stone pillars, called in the old Attic tongue kyrbeis, and kept in the Portico of the King. Every citizen was required to take an oath that he would obey these laws; and it was ordered that the laws were to remain in force for a hundred years.
Solon had done his work boldly, but he had done it constitutionally. He had not made himself a tyrant, as he might easily have done, and as many expected him to do. On the contrary, one purpose of his reform was to forestall the necessity, and prevent the possibility, of a tyranny. He had not even become an aesymnetes— a legislator (like Pittacus) who for a number of years supersedes the constitution in order to reform it, and rules for that time with the absolute power of a tyrant. He had simply held the office of archon, invested, indeed, with extraordinary powers. To a superficial observer caution seemed the note of his reforms, and men were surprised, and many disgusted, by his cautiousness. His caution consisted in reserving the highest offices for men of property, and the truth probably is that in his time no others would have been fitted to perform the duties. But Solon has stated his own principle that the privileges of each class should be proportional to the public burdens which it can bear. This was the conservative feature of his legislation; and, seizing on it, democrats could make out a plausible case for regarding his constitution as simply a timocracy. When he laid down his office he was assailed by complaints, and he wrote elegies in which he explains his middle course and professes that he performed the things which he undertook without favour or fear. “I threw my stout shield”, he says, “over both parties”. He refused to entertain the idea of any modifications in his measures, and thinking that the reforms would work better in the absence of the reformer, he left Athens soon after his archonship and travelled for ten years, partly for mercantile ends, but perhaps chiefly from curiosity, to see strange places and strange men.
Though the remnants of his poems are fragmentary, though the recorded events of his life are meagre, and though the details of his legislation are dimly known and variously interpreted, the personality of Solon leaves a distinct impression on our minds. We know enough to see in him an embodiment of the ideal of intellectual and moral excellence of the early Greeks, and the greatest of their wise men. For him the first of the virtues was moderation, and his motto was “Avoid excess”. He was in no vulgar sense a man of the world, for he was many-sided—poet and legislator, traveller and trader, noble and friend of the people. He had the insight to discern some of the yet undeveloped tendencies of the age, and could sympathise with other than the power-holding classes. He had meditated too deeply on the circumstances of humanity to find power a temptation; he never forgot that he was a traveller between life and death. It was a promising and characteristic act for a Greek state to commit the task of its reformation to such a man, and empower him to translate into definite legislative measures the views which he expressed in his poems.
Solon’s social reforms inaugurated a permanent improvement. But his political measures, which he intended as a compromise, displeased many. Party strife broke out again bitterly soon after his archonship, and only to end, after thirty years, in the tyranny which it had been his dearest object to prevent. Of this strife we know little. It took the form of a struggle for the archonship, and two years are noted in which, in consequence of this struggle, no archons were elected, hence called years of anarchy Then a certain archon, Damasias, attempted to convert his office into a permanent tyranny and actually held it for over two years. This attempt frightened the political parties into making a compromise of some sort. Probably it was agreed that four of the nine archons should be Eupatrids, three Georgi, and two Demiurgi, all of course possessing the requisite minimum of wealth. It is unknown whether this arrangement was repeated after the year of its first trial, but it certainly did not lead to a permanent reconciliation.
The two great parties were those who were in the main satisfied with the new constitution of Solon, and those who disliked its democratic side and desired to return to the aristocratic government which he had subverted. The latter consisted chiefly of Eupatrids and were known as the men of the Plain. They were led by Lycurgus, and numbered among them the clan of the Philaidae—distinguished as the clan of Hippoclides, the wooer of Agarista, and destined to become more distinguished still as that of more than one Cimon and Miltiades. The opposite party of the Coast included not only the population of the coast, but the bulk of the middle classes, the peasants as well as the Demiurgi, who were bettered by the changes of Solon. They were led by Megacles, son of Alcmaeon, the same Megacles who married Agarista. For one of Solon’s measures was an act of amnesty which was couched in such terms that, while it did not benefit the descendants of Cylon, it permitted the return of the Alcmaeonidae. Their position severed them from the rest of the Eupatrids and associated them with the party which represented Solon’s views.