Athens: Its Rise and Fall, Book IVLytton, Edward Bulwer Lytton, Baron
History
Athens: Its Rise and Fall, Book IV
Lytton, Edward Bulwer Lytton, Baron
Athens (Greece) -- History
sooner or later, to be equally pernicious to the republics that trust
to it. The resources of taxation, confined to freemen and natives,
are almost incalculable; the resources of tribute, wrung from
foreigners and dependants, are sternly limited and terribly
precarious--they rot away the true spirit of industry in the people
that demand the impost--they implant ineradicable hatred in the states
that concede it.
VI. Two other causes of great deterioration to the national spirit
were also at work in Athens. One, as I have before hinted, was the
policy commenced by Cimon, of winning the populace by the bribes and
exhibitions of individual wealth. The wise Pisistratus had invented
penalties--Cimon offered encouragement--to idleness. When the poor
are once accustomed to believe they have a right to the generosity of
the rich, the first deadly inroad is made upon the energies of
independence and the sanctity of property. A yet more pernicious evil
in the social state of the Athenians was radical in their
constitution--it was their courts of justice. Proceeding upon a
theory that must have seemed specious and plausible to an
inexperienced and infant republic, Solon had laid it down as a
principle of his code, that as all men were interested in the
preservation of law, so all men might exert the privilege of the
plaintiff and accuser. As society grew more complicated, the door was
thus opened to every species of vexatious charge and frivolous
litigation. The common informer became a most harassing and powerful
personage, and made one of a fruitful and crowded profession; and in
the very capital of liberty there existed the worst species of
espionage. But justice was not thereby facilitated. The informer was
regarded with universal hatred and contempt; and it is easy to
perceive, from the writings of the great comic poet, that the
sympathies of the Athenian audience were as those of the English
public at this day, enlisted against the man who brought the
inquisition of the law to the hearth of his neighbour.
VII. Solon committed a yet more fatal and incurable error when he
carried the democratic principle into judicial tribunals. He
evidently considered that the very strength and life of his
constitution rested in the Heliaea--a court the numbers and nature of
which have been already described. Perhaps, at a time when the old
oligarchy was yet so formidable, it might have been difficult to
secure justice to the poorer classes while the judges were selected
from the wealthier. But justice to all classes became a yet more
capricious uncertainty when a court of law resembled a popular
hustings. [221]
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